Chapter 4 Checking and Interdiction
The competent authority may send personnel to enter public or private premises bearing documents verifying their duties or markings providing sufficient identification and inspect the circumstances of environmental agent manufacturing, processing, separate packaging, blending, sale, storage, use, experimental research, and educational demonstration. In those circumstances in which the personnel deem there is concern of the violation of this Act, environmental pollution or harm to the ecology or human health, they may provisionally seal the premises, which shall be put under the safekeeping of the statutory responsible person. When necessary, the personnel may collect samples, for which a receipt shall be issued, and perform testing.
When environmental agents or related articles have been sealed pursuant to the foregoing article, the following actions shall be taken in accordance with the results of checking and testing:
I. When there is a violation of this Act, in addition to penalties designated in this Act, those sealed environmental agents and articles that the competent authority has determined to be waste shall be disposed of pursuant to relevant waste disposal regulations.
II.The premises shall be promptly unsealed if there is no violation II. of this Act.
Environmental analysis and testing organizations may perform analysis and testing work pursuant to this Act only after obtaining an approved permit from the central competent authority.
The environmental analysis and testing organization in the foregoing paragraph shall perform work consistent with the testing and analysis categories on its permit. The central competent authority shall determine regulations governing the organization’s required conditions and facilities; license application, review procedures, issuance (replacement), revocation, and cancellation; suspension and resumption of business; checking and evaluation procedures; instruments and equipment; in-service training and technical skills assessment; blind testing, testing methods, quality control items, basic quality system standards, testing report signing, data reporting, and other binding matters.
When an environmental agent manufacturing or import permit has been revoked pursuant to Article 10, Paragraph 2, the enterprise engaged in the manufacture, processing, or import of environmental agents shall compile a lists of goods in stock and a list of recalled on-sale goods by the deadline designated by the central competent authority, and shall individually submit the lists to the special municipality, county or city competent authority for inventory and future reference.
If the competent authority discovers counterfeit or prohibited environmental agents, the enterprise engaged in the manufacture, processing, import, or sale of the environmental agents shall be notified to compile a list of goods in stock within seven days of the day after receipt of the notice, and compile a list of recalled on-sale counterfeit or prohibited environmental agents within 15 days of said date. Said lists shall be individually submitted to the special municipality, county or city competent authority for inventory and future reference.
If the competent authority discovers inferior quality environmental agents, the enterprise engaged in the manufacture, processing, import, or sale of the environmental agents shall be notified to compile a list of goods in stock within seven days of the day after receipt of the notice, and compile a list of recalled on-sale inferior quality environmental agents within one month of said date. Said lists shall be individually submitted to the special municipality, county or city competent authority for inventory and future reference.
The environmental agents of those environmental agents manufacturing enterprises, environmental agent vendors, and pest control operators that have terminated operations, suspended operations, or have had their permit or license revoked or cancelled shall be subject to appropriate disposal. The central competent authority shall determine the disposal method.
The original manufacturer, processor, importer, or seller shall bear the cost of the appropriate disposal of environmental agents seized or confiscated pursuant to this Act.