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Laws & Regulations Database of The Republic of China (Taiwan)

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Title: Regulations for Reporting Incidents Caused by Commodities Subject to Inspection CH
Announced Date: 2008-03-21
Category: Ministry of Economic Affairs(經濟部)
Article 1
These Regulations have been established in accordance with Paragraph 4 of Article 49 of the Commodity Inspection Act.
Article 2
If commodities subject to inspection (hereinafter referred to as the commodity) have any of the following incidents, the obligatory inspection applicant shall make a report in accordance with these Regulations:
1.Where the commodity burns, explodes or melts and has caused damages to the  life, health or properties of consumers or could present risks of damages; or
2.Where as a result of the incidents, a person dies or requires hospitalization for treatment.
Article 3
The obligatory inspection applicant shall report to the Bureau of Standards, Metrology and Inspection, Ministry of Economic Affairs (hereinafter referred to as the BSMI) the following information within 3 working days of obtaining information on the incidents mentioned in the preceding Article:
1.The name, brand, model/type number of the commodity, a description of the incident and a preliminary analysis of causes, the damages of the consumers, type of product hazards and the basic information of the notifying person; and
2.The serial number of the commodity, country of origin, distribution of the commodity, the total number of commodities involved, distribution channels, how the incident is discovered, the corrective action and information that is helpful to further understand the incident, remind the consumers or reduce the hazards.
The obligatory inspection applicant shall provide all of the required information mentioned in subparagraph 2 of the preceding paragraph within 15 working days of obtaining information on the incidents as mentioned in the preceding Article. If the obligatory inspection applicant is not able to provide all information within the specified time limit with good cause shown, the complete information may be provided within 30 working days after obtaining the approval of the BSMI.
Where the obligatory inspection applicant has difficulties in providing the complete information mentioned in Paragraph 1, related certification documents together with explanations might be used as an alternative upon the time of reporting.
Article 4
An obligatory inspection applicant may report the information mentioned in the preceding Article via mail, Internet, fax or other means that would deliver the information correctly. The time of making reports shall be the date when the information is mailed, electronically transmitted or faxed.
Where the report is made orally, a written or electronic document shall be subsequently provided within the specified time limit in order to complete the notification procedure.
Article 5
An obligatory inspection applicant shall document the time and action upon obtaining the information on incidents as mentioned in Article 2. The records of reporting time and other relevant records shall be kept for checks by the BSMI.
Article 6
Under any of the following circumstances, reporting shall be deemed not made:
1.Where the reporting is not made in accordance with the provisions of Article 3;
2.Where the reporting information is falsified or intentionally obscured; or
3.Where the reporting information is ambiguous or dubious and is not subsequently supplemented or explained, upon receipt of the BSMI notice, without good cause shown and within the specified time limit.   
Article 7
These Regulations shall take effect on July 1, 2008.
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