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Chapter Law Content

Title: Environmental Agents Control Act CH
Category: Environmental Protection Administration(行政院環境保護署)
Chapter 5 Penal Provisions
Article 42
Those that manufacture, process, or import counterfeit or prohibited environmental agents thereby causing human death shall be punished by a maximum of 10 years imprisonment and may be fined a maximum of NT$3 million; those that cause severe injury shall be punished by a maximum of five years imprisonment and may be fined a maximum of NT$2 million; those that cause harm to human health such that it leads to illness shall be punished by a maximum of three years imprisonment and may be fined a maximum of NT$1 million.
Article 43
Those that knowingly sell, transfer, display with the intent of selling, store, mix, or package counterfeit or prohibited environmental agents thereby causing human death shall be punished by a maximum of seven years imprisonment and may be fined a maximum of NT$3 million; those that cause severe injury shall be punished by a maximum of three years imprisonment and may be fined a maximum of NT$2 million; those that cause harm to human health such that it leads to illness shall be punished by a maximum of one years imprisonment and may be fined a maximum of NT$1 million.
Article 44
If a representative of a juristic person, agent of a juristic person or natural person, employee, or other working personnel commits a violation of Article 42 or the foregoing article in the course of work, in addition to punishing the perpetrator pursuant to each relevant regulation, the juristic person or natural person shall be punished with the fines designated in each relevant article.
Article 45
(Deletion)
Article 46
When an enterprise manufactures, processes, or imports counterfeit or prohibited environmental agents, the statutory responsible person shall be fined NT$300,000 to NT$1.5 million.
When an enterprise knowingly sells, transfers, displays with the intent of selling, stores, mixes, or packages counterfeit or prohibited environmental agents, the statutory responsible person shall be fined NT$90,000 to NT$450,000.
When an enterprise processes or imports the inferior quality environmental agents in Article 8, Subparagraphs 1 and 2, the statutory responsible person shall be fined NT$60,000 to NT$300,000.
When an enterprise sells, transfers, displays with the intent of selling, or stores the environmental agents in Article 6, Paragraph 1, Subparagraph 1, Article 7, or Article 8, Subparagraph 3, has been ordered to make improvements within a limited time period, but has failed to make improvements by the deadline, the statutory responsible person shall be fined NT$30,000 to NT$150,000.
Article 47
Those that violate Article 16, Paragraph 2 or Article 23, Paragraph 2 shall be fined NT$90,000 to NT$450,000.
Article 48
When one of the following circumstances applies, the violator shall be fined NT$60,000 to NT$300,000, and may be ordered to make improvements within a limited time period; serious violators and those that fail to make improvements by the deadline shall have their permit or license revoked or cancelled, and may be ordered to suspend work, suspend business, or terminate business when necessary:
I. A violation of Article 14, Article 15, Paragraph 1, Article 17, Paragraph 1, Article 18, Paragraph 1, Article 19, Paragraph 1, Article 20, Article 24, Paragraphs 1 and 2, Article 31, Paragraphs 1 and 2, Article 32, or Article 33, Paragraph 1.
II. A violation of the management regulations of Article 26 governing the quantities and locations of environmental agent storage or placement, types of environmental agents used, personnel safety equipment, or pollution control measures.
III. A violation of the management regulations of Article 29 governing use applications, use quantity restrictions, records, and record preservation for environmental agent microbial preparations.
IV. A violation of the management regulations of Article 30 governing environmental agent microbial preparation applications, physical and biological protective measures and emergency response measures at experiment sites, records and record preservation, and record reporting.
V. A violation of the management regulations of Article 36, Paragraph 2 governing instruments and equipment, analysis personnel, technical skills assessment, blind sample testing, testing methods, quality control items, basic quality system standards, testing report signing, data reporting, and work responsibilities.
VI. A violation of Article 37, Article 38, or Article 39 where the violator has failed to compile a list of recalled on-sale goods by the deadline or report said list to the competent authority for future reference.
Article 49
When one of the following circumstances applies, the violator shall be fined NT$30,000 to NT$150,000, and may be ordered to make improvements within a limited time period; serious violators and those that fail to make improvements by the deadline shall have their permit or license revoked or cancelled, and may be ordered to suspend work, suspend business, or terminate business when necessary:
I. A violation of Article 9, Paragraph 5, Article 12, Article 21, Paragraphs 1 or 2, or Article 27, Paragraph 1.
II. Refusal, evasion or obstruction of inspection, sampling, testing or sealing and safekeeping pursuant to Article 34.
III. A violation of the management regulations of Article 13 governing factory establishment standards concerning factory environment, process equipment, and testing equipment.
IV. A violation of the management regulations of Article 30 governing environmental agent microbial preparation applications, physical and biological protective measures and emergency response measures at experiment sites, records and record preservation, and record reporting.
V. A violation of the management regulations of Article 22 governing the training of application personnel, environmental agent use, safety equipment, notification of customer of application plans, reporting of application records, and preservation of records.
VI. A violation of the management regulations in Article 33, Paragraph 2 governing promotional methods and the content of explanatory information.
VII. A violation of the management regulations in Article 40, Paragraph 1 governing the disposal of environmental agents.
Article 50
Those that conduct operations without having obtained permits pursuant to Article 11 shall be fined NT$30,000 to NT$150,000.
Article 51
Professional technical personnel that violate the regulations of Article 19, Paragraph 2 governing retraining, work responsibilities, or reporting of resignation shall be fined NT$4,000 to NT$20,000; when necessary, their qualification certificates shall be revoked or cancelled.
Article 52
The competent authority shall variously take the following disciplinary actions if it discovers counterfeit or prohibited environmental agents:
I. The local competent authority shall seize or confiscate the discovered environmental agents, or shall order the enterprise engaged in the manufacture, processing, import, or sale of environmental agents to take appropriate action.
II. If an enterprise has manufactured, processed, or imported counterfeit or prohibited environmental agents, or is using a permit or license under false pretenses, the original issuing agency shall revoke or cancel the permit or license, and shall officially announce the company’s name and address, the name of its statutory responsible person, the names of the counterfeit or prohibited environmental agents, and the circumstances of the violation.
III. If an enterprise sells, displays with intent to sell, or uses counterfeit or prohibited environmental agents, the original issuing agency shall revoke its license, and officially announce the manufacturer’s name, address, the name of the statutory responsible person, the names of the counterfeit or prohibited environmental agents, and the circumstances of the violation.
Article 53
When the competent authority sends personnel to perform counting of inferior quality environmental agents pursuant to Article 39, the personnel may, when necessary, seize said environmental agents.
If the inferior quality environmental agents in the foregoing paragraph have been domestically manufactured or processed, and can still be altered for use after testing, the original manufacturer may submit an alteration plan to the central competent authority within two months of the date of inventory. Upon approval of the plan, alteration may be performed within a limited time period under the supervision of the special municipality, county or city competent authority. If the inferior quality environmental agents cannot be altered, no alteration plan has been submitted by the deadline, or no alteration has been performed by the deadline, the local competent authority may confiscate the inferior quality environmental agents or order the manufacturer to take appropriate action. If the inferior quality environmental agents have been imported with approval, the local competent authority shall order the original importer to send back the environmental agents out of the country within two months of the date of inventory. If the importer has not complied by the deadline, the local competent authority may confiscate the inferior quality environmental agents or order the importer to take appropriate action.
If an enterprise has manufactured, processed, or imported the inferior quality environmental agents defined in Article 8, Subparagraphs 1 and 2, or has used technical grade environmental agents that have exceeded their validity period, the local competent authority shall officially announce the company’s name and address, the name of its statutory responsible person, the names of the environmental agents, and the circumstances of the violation; if the violation is serious or repeated, the local competent authority may revoke or cancel relevant permits or licenses or terminate the enterprise’s operations.
Article 54
The competent authority shall enforce suspension of work, suspension of business, or revocation or cancellation of permit or license imposed pursuant to this Act; the industry competent authority, following imposition of punishment and notification by the competent authority, shall enforce orders for the termination of business.