Chapter I .
General Principles
Article 1
The purpose of this Act is to improve the quality
and safety of agricultural products and their processed products
, and to protect the health of citizens and the rights of consumers.
Article 2
As used in this Act, the term "competent authority" means the
Council of Agriculture of the Executive Yuan at the central level; the
municipal/county/city governments at the local level.
Article 3
As used in this Act, the terms shall be defined as follows:
1. Agricultural product: any product which is produced,
processed or marketed by the industries by utilizing natural
resources, agricultural materials and technology, including
agricultural, forestry, fishery and animal goods.
2. Organic agricultural product: any agricultural product that
is cultivated, processed and packaged domestically in
accordance with related regulations prescribed by the central
competent authority and certified under this Act, or any
imported agricultural product that is approved by import review.
3. Agricultural product operator: any person who engages in the
business of production ﹐ processing,
packaging, import,
distribution or marketing of agricultural products and their
processed products.
4. Agricultural product mark: the label indicating that the
agricultural product and its processed product to which the
label is affixed have been certified in accordance with this
Act.
5. Accreditation body: the central competent authority or
approved organization/juristic person that is competent to
perform accreditation in accordance with this Act.
6. Accreditation: the assurance granted by the accreditation body
to demonstrate the competence of carrying out the certification
process pursuant to this Act.
7. Certification body: the organization, school, juristic person
or group that is accredited and obtains the accreditation
documents.
8. Certification: the issue of a statement demonstrating that
agricultural products and their processed products are produced,
processed and packaged in accordance with this Act.
9. Traceability: the ability to trace the information of
an agricultural product through specified stages of
cultivation, processing, packaging, distribution and
marketing, which can be demonstrated by keeping complete
records that could be made known to the pubic.
10.Labeling: words, illustrations or marks affixed
to
agricultural products and their processed products, or to
the containers or packages thereof when they are displayed
for sale.
Chapter II. Production
Management and Traceability
Article 4
The central competent authority may implement a
voluntary premium agricultural product certification system for the
production, processing, packaging and distribution of certain domestic
agricultural products and their processed products.
The items, application requirements and procedures, certification criteria,
labeling, shelf life and relevant regulations of administration for the
certain agricultural products and their processed products as mentioned in
the preceding paragraph shall be prescribed by the central competent
authority.
Article 5
Agricultural products and their processed
products shall not be sold under the term of “organic” unless the cultivation, processing, packaging and distribution of
such products and processed products are certified in accordance with the
organic regulations prescribed by the central competent authority.
The application requirements and procedures, certification criteria,
labeling, shelf life and other relevant regulations of administration for
organic agricultural products and their processed products as mentioned in
the proceeding paragraph shall be prescribed by the
central competent authority.
certifiedcordance with the
regulation provided by the Central Competent Authority with respect ral and its artifact.
Article 6
Imported agricultural products and their
processed productsshall be certified by
certification bodiesthat are accredited by the
national or international organic accreditation institutes/organizations
recognized by the central competent authority, and shall be reviewed by the
central competent authority before they can be sold under the term of “organic”.
The application requirements, review procedures, labeling and other relevant
regulations of administration for imported organic agricultural products and
their processed products as mentioned in the preceding paragraph shall be
prescribed by the central competent authority in conjunction with the
relevant authorities.
Article 7
The central competent authority may implement a
voluntary traceability certification system on certain domestic agricultural
products. When it is necessary, the central competent authority may announce
the items and scope of specific agricultural products to require the
traceability certification system compulsorily.
The items, scopes, application requirements and procedures, operation
standards, items of operation records, information publication and
reservation, certification criteria, labeling, shelf life, and relevant
regulations of administration for the certain agricultural products as
mentioned in the preceding paragraph shall be prescribed by the central
competent authority.
The publication and reservation of information, labeling and relevant
regulations of administrationregarding the import
of specific agricultural products, announced to be subject to compulsory
traceability certification system, shall be prescribed by the central
competent authority in conjunction with the relevant authorities.
Article 8
The agricultural product operator,who claims traceability on the agricultural
products, shall provide the traceability information of specific agricultural
products and shall maintain such data for a certain period of time as
prescribed by the central competent authority.
The same shall be applicable to importers that import agricultural products.
Chapter III Accreditation and Certification
Article 9
The certification of agricultural products and
their processed products shall be carried out by a certification bodyaccredited by the accreditation body
.
The qualification and application procedures of certification bodies,
certification activities and scope, terms of validity, confirmation of
certification bodies no longer capable of carrying out certification as
mentioned in Article 11 and related regulation of administration shall be
prescribed by the central competent authority.
A certification bodymay collect fees for
certification. The fee rates shall be approved bythe
central competent authority.
Article 10
The central competent authority shall revoke the accreditation
of a certification bodyin the event that its
accreditation is granted by submitting false information or by any
inappropriate method.
A certification bodywhose accreditation is revoked
in accordance with the preceding paragraph shall not be allowed to apply for
accreditation within three years.
Article 11
The central competent authority shall rescind the
accreditation of a certification bodyin the event
when such bodyloses the capability of carrying out
certification.
Article 12
Agricultural products and their processed productsshall be certified before using the agricultural
product mark.
The specifications, illustrations, rules of usage and relevant regulations of
administration of the agricultural product mark as mentioned in the preceding
paragraph shall be prescribed by the central competent authority through
consultation with the relevant authorities.
Chapter IV Safety
Management, Inspection and Interdiction
Article 13
Chemical pesticides, chemical fertilizers,
animals’ drugs or
any other chemicals, except for those which have been announced by the
central competent authority to be permitted, shall not be used in organic
agricultural products and their processed products .
Article 14
The competent authority, to the extent of ensuring
that agricultural products and their processed productscomply
with the requirements prescribed in this Act, may send personnel into the
premises where products areproduced, processed,
packaged, stored, distributed or marketed to conduct inspection or sampling
for examination. None shall refuse, evade or resist such inspection or
sampling.
The competent authority may require that the operator of the premises as
mentioned in the preceding paragraph provide related evidences and records
during conducting the inspection or sampling for examination in accordance
with the preceding paragraph.
In addition to imposing penalties on the agricultural product operatorpursuant to this Act, the competent authority may
prohibit the agricultural product operatorfrom transporting
his agricultural products and their processed productsout
of the premises set forth in the first paragraph in the event that such
agricultural products and their processed productsfail
to pass the inspection or the examination in accordance with this Act. The
competent authority may also order the agricultural product operatorto take corrective actions within a limited
period, conduct recalls, destroy products or adopt other appropriate
measures.
According to the different characteristics of certain agricultural products
and their processed products, the frequency of inspection and sampling for
examination shall be prescribed by the competent authority.
Article 15
The person who conducts the inspection or
sampling for examination, as mentioned in the preceding Article, shall
present the documents or badge of identification relating to the performance
of his duties to the agricultural product operator .
Premises of retail shall be reimbursed for samples taken.The
regulations of inspection and examination shall be prescribed by the central
competent authority.
The competent authority may mandate its subordinate agencies or authorize
other government bodies, organizations/institutes, juristic persons, groups
or persons to carry out the inspection set forth in the preceding paragraph.
The central competent authority may mandate its subordinate examination
agencies to carry out the examination set forth in the first paragraph. When
it is necessary, it may authorize other examination authorities, organizations/institutes,
schools, groups or research institutes to perform all or part of the
examination.
Article 16
The central competent authority shall announce
the examination methods of the agricultural products and their processed productsafter consulting with related central industry
competent authorities. The examination may be performed in accordance with
the methods recognized by the international society if the aforementioned
methods are not announced.
Article 17
The agricultural product operatorwho
has any objection to the examination result may make another application once
and pay the fees for re-examination to the original examination authority
within fifteen days after receiving the notice.
The examination authority as mentioned in the preceding paragraph shall
notify the institution conducting examination within seven days to re-examine
the original object. The re-examination shall not be performed in case that
the quality of such object has altered.
Article 18
The person’s identity shall be kept in confidential and be rewarded by the
competent authority in case that such person reports any violation of this
Act and such violation has been confirmed subsequently.
The regulation concerning the reporting and rewarding as mentioned in the
preceding paragraph shall be prescribed by the central competent authority.
Article 19
A certification bodyof
which the accreditation is rescinded in accordance with paragraph 2 of
Article 21 or paragraph 2 of Article 23 shall not apply for accreditation
within three years.
Chapter V Penal Provisions
Article 20
A certification body which carries out the
certification activities of agricultural products and their processed productsset forth in this Act without being granted an
accreditation pursuant to this Act, or the accreditation has been revoked or
rescinded, shall be finedin an amount of no less
than New Taiwan Dollars Three Hundred Thousand (NTD 300,000), but no more
than New Taiwan Dollars One Million Five Hundred Thousand (NTD 1,500,000).
Article 21
Under any of the following circumstances, a fine
in an amount of no less than New Taiwan Dollars Two Hundred Thousand (NTD
200,000), but no more than New Taiwan Dollars One Million (NTD 1,000,000)
shall be imposed per violation :
1. The certification bodycarries out the
certification
activities beyond the scope of the accreditation;
2. The agricultural product operatoruses an
agricultural product
mark without certification, or the agricultural product
operator keeps using an agricultural product mark even if he
has been ordered to suspend or prohibited from using the
agricultural product mark ; or
3. The agricultural product operatorviolates the
transportation
inhibition order or fails to take corrective actions within a
limited period, conduct recalls, destroy products or adopt
other appropriate measures stipulated by the competent
authority
in accordance with paragraph 3 of Article 14.
The central competent authority shall rescind the accreditationif
the situation of subparagraph 1 of the preceding paragraph is serious.
The competent authority may confiscate the agricultural product and its
processed productset forth in subparagraph 3 of the
first paragraph that do not comply with this Act, when it is necessary.
Article 22
Any agricultural product operator who engages in
any of the following actions shall be fined in an amount of no less than New
Taiwan Dollars One Hundred Thousand (NTD 100,000), but no more than New
Taiwan Dollars Five Hundred Thousand (NTD 500,000) shall be imposed per violation , if he
1.Refuses, evades or resiststhe inspection or
sampling for examination made by the competent authority in accordance with
paragraph 1 of Article 14; or
2. Fails to provide the related evidence or recordsin
accordance with paragraph 2 of
Article 14.
Article 23
Under any of the following circumstances, a fine
in an amount of no less than New Taiwan Dollars Sixty Thousand (NTD 60,000 ),
but no more than New Taiwan Dollars Three Hundred Thousand (NTD 3 00,000)
shall be imposed per violation:
1. The agricultural product operator labels an agricultural
product and its processed product as “certified premium
agricultural product” or “certified traceability ” without
certification, or uses other misleading expressions;
2. The agricultural product operator labels an organic agricultural
product and its processed product as “organic” in Chinese or
in any other foreign languages without certification in
accordance with paragraph 1 of Article 5 or without passing
the review in accordance with paragraph 1 of Article 6, or
uses
other misleading expressions; or
3. The certification body makes any false record on certification
or other relevant documents.
The central competent authority shall rescind the accreditation if the
situation of subparagraph 3 of the preceding paragraph is serious.
Article 24
Any agricultural product operator who engages in any of the following actions
shall be fined in an amount of no less than New Taiwan Dollars Thirty
Thousand (NTD 3 0,000), but no more than New Taiwan Dollars One Hundred and
Fifty Thousand (NTD 15 0,000) shall be imposed per violation, if he
1.Violates the labeling regulations prescribed in paragraph 2 of
Article 4, paragraph 2 of Article 5, paragraph 2 of Article 6,
paragraphs 2 or 3 of Article 7;
2.Fails to provide the traceability information of the
agricultural product, or fails to reserve such information for
a certain period of time in accordance with Article 8;
3.Violates the mark specification or regulations of illustration
and usage prescribed in paragraph 2 of Article 12;
4.Violates Article 13 by using chemical 4.e to ates
8.
tain period of time in accordacne
agraph 2 pesticides, chemical
fertilizers,animals’ drugs or any other chemicals ; or
5.Labels the name of central competent authority or its
subordinate authorities without authorization.
The competent authority may suspend the use of the mark for a period of no
less than three months but no more than one year in the event that any
agricultural product operator engages in the action mentioned in subparagraph
3 of the preceding paragraph, and the competent authority may prohibit the
use of the mark if such situation is serious.
Article 25
In the event that any agricultural product or its
processed product does not comply with Article 13, or does not comply with
the relevant labeling regulations prescribed in paragraph 2 of Article 4,
paragraph 2 of Article 5, paragraph 2 of Article 6, paragraphs 2 and 3 of
Article 7, or such agricultural product or its processed product is falsely
labeled, the competent authority may publish the agricultural product
operator’s name,
address, as well as the name and the violation situation of such agricultural
product or its processed product.
Chapter VI Supplementary
Provisions
Article 26
The enforcement rules of this Act shall be
prescribed by the central competent authority.
Article 27
Any agricultural product operator who sells his
agricultural product or its processed product under the term of “organic” shall, within two
years of the enforcement of this Act, have his product certified in
accordance with paragraph 1 of Article 5, or have his product certified and
apply for the review by the central competent authority in accordance with
paragraph 1 of Article 6. If the agricultural product operator fails to do so
within the time limitation, or violates Article 13 by using chemical 4.e to ates 8.
tain period of time in accordacne
agraph 2 pesticides, chemical fertilizers, animals’ drugs or
any other chemicals , the agricultural product operator shall be fined in
accordance with subparagraph 2 of paragraph 1 of Article 21, subparagraph 2
of paragraph 1 of Article 23, subparagraphs 1 and 4 of paragraph 1 of Article
24 or Article 25.
Article 28
This Act shall come into force on the date of
promulgation.
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