Title”G Agricultural
Production and Certification Act
Amended Date”G 2019-12-25
Category”G Ministry of Agriculture”]¹A·~³””^
Chapter 1 General Principles
Article 1
The purpose of this Act is to improve the quality and safety of
agricultural products and protect the health of citizens and the
rights of consumers.
Article 2
As used in this Act, the term "competent authority" refers to the
Council of Agriculture of the Executive Yuan at the central level
and 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 products: Any product which is produced or processed
as food by utilizing natural resources, agricultural materials and
technology, including cultivation, forestry, aquaculture, and animal
husbandry or any product promulgated by the Central Competent
Authority.
2. Agricultural product operator: Any individual or legal entity who
engages in the production, processing, packaging, distribution or
sale of agricultural products.
3. Certified agricultural products: Agricultural products certified
in accordance with this Act.
4. Certified agricultural product mark: The mark used to indicate
the agricultural product has been certified in accordance with this
Act.
5. Labeling: Words, graphics, symbols or additional instruction
affixed to agricultural products, the containers or packaging
thereof.
6. Accreditation body: An institution or legal entity who is
reviewed and permitted by the Central Competent Authority and with
the qualification to conduct accreditation activities prescribed by
this Act.
7. Accreditation: The process in which the accreditation body
evaluates whether an institution, school or legal entity is
qualified to provide certification services prescribed by this Act
under a private contract therewith.
8. Certification body:An institution, school or legal entity who is
accredited by the accreditation body to provide certification
services.
9. Certification: The process in which the certification body
verifies whether the production, processing, packaging or
distribution of a specific agricultural product is in compliance
with this Act under a private contract with the respective operator.
10. Traceable agricultural product: Any agricultural product
produced by using domestic materials, processed and packaged
domestically, and whose traceable information is recorded in the
database or system owned by the Central Competent Authority.
11. Advertisement: Words, symbols, sounds, graphics, images or other
methods used to boost, advertise or promote agricultural products.
Chapter 2 Management of Accreditation and Certification bodies
Article 4
The Central Competent Authority may promulgate and implement the
certification system and related certification criteria for the item
or category of certain domestic agricultural product for its
production, processing, packaging and distribution and other related
processes of production and marketing thereof.
Article 5
Any institution or legal entity shall not engage the following
accreditation activities until submitting the documents to apply for
and obtaining the permission from the Central Competent Authority
and any amendments thereto. The Central Competent Authority may
designate any of its subordinate agencies to be an accreditation
body if necessary.
The validity of the certificate of the aforementioned permission
shall not exceed 5 years and shall be renewed by the Central
Competent Authority one year prior to expiration. The validity of
renewed certificate shall not exceed 5 years.
The accreditation tasks conducted by accreditation bodies are the
following:
1. Accepting and reviewing accreditation applications.
2. Signing accreditation contracts with those who are qualified to
be a certification body.
3. Issuing accreditation certificate to a certification body based
in the qualified scope.
4. Assessing the accredited certification bodies through auditing
their certification activities.
5. Other accreditation related activities promulgated by the Central
Competent Authority.
The Central Competent Authority shall prescribe regulations to
stipulate the eligibility, procedure, required documents, and
criteria for the application and revoke of permission and its
amendment specified in paragraph 1; required documents for renewal
application specified in paragraph 2; the items that shall be
described in the certificates specified in subparagraph 3 of above
paragraph ; and other relevant requirements.
Article 6
Accreditation bodies shall be subject to supervision by the Central
Competent Authority and shall not evade from, impede, or refuse such
supervision or provide false data. The accreditation bodies shall
comply with the following :
1. Prescribing and submitting accreditation standards to the Central
Competent Authority for approval; and its amendments or abolishment
thereof.
2. Reviewing accreditation applications and assessing the
certification bodies based on the accreditation standards approved
by the Central Competent Authority.
3. Precisely retaining records of accreditation tasks for at least 5
years, and submitting to the central competent authority for records
every year.
4. Assisting and cooperating with the central competent authority on
auditing accredited certification bodies.
5. For certification bodies unable to provide certification
services, the accreditation bodies shall coordinate among
certification bodies for their certification business to be taken
over.
The Central Competent Authority shall prescribe regulations on
procedures and methods for supervising, managing, auditing the
accreditation bodies, the required coverage of accreditation
standards, the required items related to the accreditation tasks to
be recorded, and the submitting documents specified in the above
paragraph, and other relevant requirements.
Article 7
Any institution, school, or legal entity shall not engage in the
certification activities until being accredited by an accreditation
body and receiving the accreditation certificate in the qualified
scope; and the amendment of scope thereof.
The certification activities of certification bodies mentioned above
are the following:
1. Signing contracts with agricultural product operators to certify
their agricultural products in accordance with the certification
standards promulgated according to article 4 of this Act.
2. Issuing certificates for certified agricultural products, and
governing the use of the certified agricultural product mark by
agricultural product operators.
3. Inspecting certified agricultural products under the contract and
based on production periods.
4. Other certification related activities promulgated by the Central
Competent Authority.
The certification body may charge fees for its certification
services under the contract. And, the Central Competent Authority
shall promulgate the upper limit for certification service fee.
The certification body engaged in the certification activities
mentioned in paragraph 2 shall retain the data and records according
to the items, methods and periods promulgated by the Central
Competent Authority. The certification bodies shall provide those
data and records when requested by the Central Competent Authority.
The certification bodies shall not evade, impede, or refuse the
examination or provide false data or records.
Article 8
An agricultural product operator may voluntarily sign a contract
with a certification body for applying for a certificate for certain
domestic agriculture products specified by article 4 of this Act.
The Central Competent Authority may subsidize the certification fee
if necessary. Rules on subsidization shall be promulgated by the
Central Competent Authority.
When a certification body cannot continue on providing certification
services due to withdrawal of accreditation, termination of
accreditation contract, dismissal, or any other causes, the
contracted agricultural product operator may sign a new contract
with another certification body within the period specified by the
Central Competent Authority. The status of certified agricultural
products provide by this operator remains certified during the above
specified period.
Article 9
The Central Competent Authority may promulgate mandatory or
prohibitory items in the contracts between the accreditation bodies
and certification bodies as well as between the certification bodies
and agricultural product operators.
Provisions of the contract that violate the above items are null and
void. Other parts of the contract that stand without the above null
and void parts may still be effective. But, if the contract is
unconscionable to one of the parties, then the entire contract shall
be rendered null and void.
Provisions promulgated by the Central Competent Authority but not
specified in contracts shall still constitute a part of the
contract.
Chapter 3 Management of Agricultural products
Article 10
Any Agriculture product cannot be sealed with the certified
agricultural product mark and cannot be sold, labelled, displayed or
advertised as certified agricultural product unless such product has
been certificated in compliance with this Act.
The Central Competent Authority, in consultation with relevant
agencies, shall prescribe regulations on the specifications,
pattern, manufacturing and use of the certified agricultural product
mark mentioned in the preceding paragraph and other related
requirements.
Article 11
Agricultural products that have been certificated under this Act and
sold as certificated agricultural product shall be notably labelled
with the following items in Chinese and common symbols:
1. Product name.
2. Ingredients. Those containing more than one ingredient shall be
accordingly indicated in a descending order of proportion; in the
case of a product containing single ingredient represented by the
same product name, the product is exempted from ingredient
indication.
3. Net weight, volume, quantity or measure.
4. Name, telephone number and address of the agricultural product
operator; and in the case of products that are entrusted to be
manufactured, the name, telephone number and address of the
principal are required.
5. Origin. However, those with the address of the manufacturing
plant or certification site that can represent the origin are
exempted.
6. Certified agricultural product mark, certified product number,
file number or trace code, and name of certification body.
7. Enquiry channels for certification information.
8. Other matters promulgated by the Central Competent Authority.
The enquiry channels for certification information stated in the
seventh subparagraph and the method of labeling shall be promulgated
by the Central Competent Authority.
In case of apparently difficulty to label the items mentioned in
paragraph 1 due to the product itself, surface area or material of
its container or package, or other special conditions, the Central
Competent Authority may promulgate conditions for exemption or
alternative indication methods.
For any changes to the subject matters mentioned in the paragraph 1,
the label shall be updated within 3 months of the occurrence of the
changes; Failure to make the change within the provided period shall
be deemed as false labeling.
Article 12
The agricultural product operator shall retain the data related to
production, processing, packaging, distribution, storage and
marketing of certified agricultural products according to the
certification criteria promulgated by the Central Competent
Authority in accordance with Article 4 of this Act.
The competent authority may assign personnel to enter the premise of
production, processing, packaging, storage, marketing and other
business places operated by an agricultural product operator, to
conduct inspections, perform test or request data related to matters
mentioned in the preceding paragraph. Any subject shall not evade,
impede, refuse, or provide false data or record.
When agricultural products inspected or tested are not in compliance
with the Act, the competent authority may impose fines on
agriculture product operators in accordance with this act, and may
also prohibit them from transporting such products and order them to
take corrective action, withdraw or recall such products from the
market, destroy such products, or take other appropriate measures.
Article 13
The officer who conducts inspections or perform testing in
accordance with the preceding article shall present their official
identification documents or badge for perform the duty, and shall
pay fees for those sample items form markets. The Central Competent
Authority shall prescribe regulations on inspection, testing and
other requirements.
The competent authority may appoint its subordinate agencies
(institutions), or entrust other agencies (institutions), schools,
legal entities, groups or individuals to conduct inspections or
perform testing mentioned in the preceding paragraph.
Article 14
Testing method of agricultural products shall be promulgated by the
Central Competent Authority in consultation with related central
industry competent authorities. In the absence of any promulgated
method, the following testing methods shall be adopted in order.
1. Testing methods prescribed by Act Governing Food Safety and
Sanitation.
2. National standards.
3. Internationally recognized methods.
Article 15
Dissident for the result of testing, the agriculture product
operator may apply for a retest to the original sampling authority
and pay the retest fees within 15 days on receiving the notice. The
application for retest is limited to once.
Upon accepting the retest application, the sampling authority shall
notify the original testing body to conduct a retest of the original
specimen within 7 days. The authority may refuse the retest
application if the specimen has deteriorated or could not be
preserved properly.
Article 16
The agricultural product operator may register traceable information
of agricultural products in the database or systems owned by the
Central Competent Authority before the distribution and marketing of
such products, and label such information on the products itself or
the packages or containers thereof.
The Central Competent Authority shall promulgate the items of
traceable information and its labeling methods.
The Central Competent Authority may specify and promulgate, if
necessary, that agricultural product operators of certain category
of agriculture products or of a certain scale shall register
traceable information in accordance with the paragraph 1 and label
the product in the way in the accordance with the preceding
paragraph.
Article 17
The agricultural product operator of certain category or scale
specified and promulgated by the Central Competent Authority shall
implement self-management and enact an agricultural-product-safety
monitoring plan to ensure sanitation and safety of agricultural
products.
The Central Competent Authority shall promulgate the category and
scale of the agricultural product operator that shall enact an
agricultural-product-safety monitoring plan in the preceding
paragraph and the content of such plan.
Article 18
Any Farmer or any group of farmers under a certain scale may
register with municipal/county/city governments as primary
processing plant for agricultural products if he uses domestic
traceable agricultural products, certified agricultural products,
organic agricultural products, in-conversion agricultural products
or other agricultural products designated by the Central Competent
authority as raw materials to process certain category of products
with legal agricultural product processing facilities.
The Central Competent Authority shall prescribe regulations on
agricultural products designated by the central competent authority,
a certain scale, legal agricultural product processing facilities in
the preceding paragraph, the conditions, procedures, documents,
validation, amendment and abolishment of registration and other
requirements.
The category of products specified in the first paragraph and their
processing methods shall be promulgated by the Central Competent
Authority.
Article 19
To stabilize production, distribution and trading of agriculture
products, and to increase categories and items of primary processed
agricultural products, the competent authority may provide the
following assistance.
1. Consultation for the development of primary processed
agricultural products, including process, packaging, distributions,
marketing and other operations of such products.
2. Consultation on regulations governing primary processing of
agricultural products.
3. Knowledge and technical instruction for primary processing of
agricultural products.
4. Agricultural product sample making and testing.
5. Other matters relevant to primary processing of agricultural
products.
The competent authority may entrust relevant agencies, legal
entities or groups to provide the assistance mentioned in the
preceding paragraph.
Article 20
The agriculture products shall be not labeled or advertised in the
name of or in connection with the Central Competent authority or any
of its subordinate agencies (institutions) without authorization.
Those who operate platforms or are entrusted to disseminate
advertisement about certified agricultural products or traceable
agricultural products, or in the name of or in connection with the
Central Competent authority or any of its subordinate agencies
(institutions), shall retain records related to commissioners and
those presented in the platform for 6 months from the date of the
first broadcast and shall not evade, hinder or refuse to provide
such records upon request by the competent authority or provide
false information.
The Central Competent Authority shall prescribe regulations
governing items of records in the preceding paragraph, retention
methods and other requirements.
Article 21
The competent authority shall protect the identity of those who
report violations of the provisions of this Act and provide a reward
for reporting such violations after it has been confirmed.
The Central Competent Authority shall prescribe regulations
governing reporting and rewarding in the preceding paragraph.
Chapter 4 Penal Provisions
Article 22
In one of the following situations, a subject is fined from
NTD600,000 up to NTD60,000,000:
1. Violating paragraph 1 of Article 5 by engaging in the
accreditation activities provided in paragraph 3 of Article 5
without the permission from the Central Competent Authority or by
continuously engaging in accreditation activities without the
renewal permission from the Central Competent Authority in
accordance with paragraph 2 of Article 5.
2. Violation of the suspension of accepting new accreditation
applications imposed on accreditation bodies by the Central
Competent Authority under paragraph 1 of Article 30.
Article 23
A subject who violates the paragraph 1 of Article 7 by engaging in
certification activities without accredited by an accreditation body
is subject to a fine from NTD300,000 up to NTD30,000,000.
Article 24
Under any of the following circumstances, a fine from NTD200,000 up
to NTD2,000,000 is applicable to each individual violation:
1. Violation of paragraph 1 of Article 10, using the certified
agricultural product mark on uncertified products.
2. Violating the suspension of the usage of certified agricultural
product mark imposed by the Central Competent Authority under
paragraph 2 of Article 25 or paragraph 2 of Article 29.
Should the violator as detailed in the preceding paragraph receive a
fine by a court, which is lower than the minimum fine as provided by
the preceding paragraph, he/she shall still pay the difference to
match the minimum fine.
Article 25
Under any of the following circumstances, a fined from NTD100,000 up
to NTD1,000,000 is applicable to each individual violation.
1. Violation of paragraph 4 of Article 7, failing to retain relevant
data and records in accordance with the items, methods, and time
periods promulgated by the Central Competent Authority, or evading,
impeding, or refusing the examination by the Central Competent
Authority, or providing false data and records.
2. Violation of paragraph 2 of Article 12, evading, impeding, or
refusing the examination by the Central Competent Authority, or
providing false data and records.
3. Violation of paragraph 3 of Article 12, failing to comply with
the proceedings by the competent authority regarding prohibition
from transporting products, taking corrective action, withdrawing or
recalling such products from the market, destroying such products,
or take other appropriate measures.
4. Violation of paragraph 2 of Article 20, evading, hindering or
refusing to provide information or providing false information.
5. Failing to retain relevant data and records in accordance with
the items or methods prescribed by the paragraph 3 of Article 20.
6. Failing to comply with the proceedings by the competent authority
in accordance with Article 32.
Under the circumstances stated in the second or third subparagraph
of the preceding paragraph, the competent authority may suspend the
violator”¦s use of the certified agricultural product mark for a
period from 3 months up to 1 year.
Article 26
Under any of the following circumstances, a fine from NTD60,000 up
to NTD600,000 is applicable to each individual violation :
1. A certification body violating the paragraph 3 of Article 7 by
collecting a fee more than the upper limit promulgated by the
Central Competent Authority.
2. Violation of paragraph 1 of Article 10, using words such as
certified agricultural products or any other misleading presentation
for marketing, labeling, display or advertisement uncertified
agriculture products.
Article 27
Those who intend to disseminate rumors or false information
concerning agriculture products, resulting in damages to the public
or others, shall be subject to a fine from NTD60,000 to NTD300,000,
and may be order to corrected the misconduct within a specified
period of time; if correction is not made within the period of time,
consecutive punishments may be imposed.
Article 28
Those who violate the paragraph 1 of Article 9 governing mandatory
and prohibitory items in the contracts promulgated by Central
Competent Authority and fail to take corrective actions ordered by
the competent authorities within a specified period of time shall be
subject to a fine from NTD30,000 to NTD300,000; failing to take
corrective actions in according with the further order by the
competent authority within a specified period of time shall be
subject to a fine from NTD50,000 to NTD500,000 for each time.
Article 29
An agricultural product operator under any of the following
circumstances shall be ordered to take corrective actions within a
specified period of time. If the agricultural product operator fails
to take corrective actions within a specified period of time, a fine
from NTD30,000 to NTD300,000 is applicable to each individual
violation.
1. Violation of paragraph 2 of Article 10 governing the
specifications, pattern, manufacturing or use of the mark.
2. Violation of paragraph 1 of Article 11, failing to label or label
incompletely or falsely.
3. Violation of paragraph 1 of Article 12, failing to retain data
related to production, processing, packaging, distribution, storage
and marketing of certified agricultural products according to the
certification criteria.
4. Violation of paragraph 1 of Article 20, labeling or advertisement
of agricultural products in the name of or in connection with the
Central Competent authority or any of its subordinate agencies
(institutions) without authorization.
Under any of the circumstances mentioned in the preceding paragraph,
the competent authority may suspend the use of the certified
agricultural product mark by such agricultural product operator for
a period from 3 months up to 1 year.
Article 30
For Any one of the following situations, the Central Competent
Authority may warn the accreditation bodies according to the
severity of the situation, or impose a fine from NTD20,000 up to
NTD100,000 for each individual violation, or suspend the
accreditation bodies to accept new accreditation applications for a
period time from 2 months up to 2 years.
1. Violation of paragraph 1 of Article 6, evading, impeding, or
refusing the examination by the Central Competent Authority, or
providing false data and records.
2. Violation of the subparagraph 1 of paragraph 1 of Article 6,
failing to submit prescribed, amended or abolished accreditation
standards to the Central Competent Authority for approval.
3. Violation of the subparagraph 2 of paragraph 1 of Article 6,
failing to review accreditation applications and assess the
certification bodies based on the accreditation standards approved
by the Central Competent Authority.
4. Violation of the subparagraph 3 of paragraph 1 of Article 6,
failing to retain records of accreditation tasks for at least five
years, make records correctly, or submit to the central competent
authority for records every year.
5. Violation of the subparagraph 4 of paragraph 1 of Article 6,
failing to assist or cooperate with the central competent authority
on auditing the accredited certification body.
6. Violation of the subparagraph 5 of paragraph 1 of Article 6,
failing to coordinate among other certification bodies to take over
the certification business of the certification body which cannot
continue providing certification services.
7. Violation of the paragraph 2 of Article 6 governing the required
coverage of accreditation standards, the required items related to
the accreditation tasks to be recorded, and the submitting documents
specified in this Act.
If an accreditation body has been suspended from accepting new
applications by the Central Competent Authority in accordance with
the preceding paragraph twice in the previous 3 years, another
violation of the preceding paragraph shall result in Central
Competent Authority abolishing the permission and prohibiting such
accreditation body to apply for permission in accordance with the
paragraph 1 of Article 5 for a period from 2 years up to 5 years.
For the accreditation body whose permission has been abolished in
accordance with the preceding paragraph, the Central Competent
Authority shall assume the accreditation body”¦s contracts signed
with the certification bodies; those certification bodies shall
enter into an accreditation contract with other accreditation bodies
within the period designated by the Central Competent Authority, and
the accreditation contracts with the Central Competent Authority
will thereby be terminated at the same time.
Article 31
An agricultural product operator shall be ordered to take corrective
actions in a specific period of time if this operator does not
register or label traceable information in a way prescribed by the
Central Competent Authority, or does not register such information
correctly or completely in accordance with Article 16; if such
operator fails to take corrective actions in time, a fine from
NTD6,000 up to NTD30,000 is applicable to each individual violation.
Article 32
In the case of advertisements or labels of agricultural products
under any of the circumstances mentioned in paragraph 1 of Article
24, Subparagraph 2 of Article 26, Subparagraph 1, 2 or 4 of
paragraph 1of Article 29 or the preceding article, aside penalties
prescribed by this Act , the following measures may be taken by the
competent authority:
1. Enforce the labeler or the advertiser to correct, withdraw labels
or advertisements within a specified period of time.
2. Enforce advertiser to publish or broadcast a corrective
advertisement on the page or timeslots as same as that original
advertisement was published or broadcasted. And, the contact of the
corrective advertisement shall communicate the message of an apology
and the intention to correct false information.
3. Enforce those who operate platforms or are commissioned to
disseminate advertisement to suspend broadcasting or withdraw
materials of original advertisements.
Article 33
For anyone that falls under any of the circumstances stated in
Article 22 to Article 31, aside penalties prescribed by this Act ,
the competent authority may disclose his/her name and address, name
of certificated agriculture products and informations of his/her
violation. In the case of a legal entity or any group with a manager
or representative, the competent authority may disclose the name of
such entity or group, office or place of business, and the name of
the manager or representative thereof.
Article 34
The penalties prescribed in the Act shall be imposed by the
municipal/county/city governments. However, the penalties imposed on
an accreditation body and a certification body shall be carried out
by the Central Competent Authority.
When an agricultural product operator violates the Act in producing,
processing, packaging or distributing agricultural products based on
the instructions of the entruster or client, the punishment shall be
imposed on the entruster or client.
Chapter 5 Supplementary Provisions
Article 35
The certification body that had acquired accreditation for premium
agricultural product certification system and traceability
certification system prior to the amendment to the Act on Dec. 3,
2019 may engage in certification activities for premium agricultural
products and traceable agricultural products (TAP) within 18 months
from the date of implementation of the amendment (in accordance with
the provisions of the Act before the implementation of the
amendment). However, the validity period of the issued certification
certificate shall not exceed the aforementioned deadline.
The agricultural product operator that had already acquired the
certification certificate for premium agricultural products and
traceable agricultural products (TAP) that had not yet expired prior
to the amendment to the Act is implemented on Dec. 3, 2019 may use
the certified agricultural product mark within 18 months from the
date of implementation of the amendment until the date of expiration
of the certificate in accordance the regulations relevant to premium
agricultural products and traceability before the implementation of
the amendment.
Article 36
In the absence of domestic institutions or legal entities serving as
accreditation bodies, the Central Competent Authority may promulgate
itself or designate agencies (institutions) or legal entities as
accreditation bodies for a specific period of time.
In the absence of domestic institutions, schools or legal entities
serving as certification bodies, the Central Competent Authority may
designate institutions, schools, or legal entities as certification
bodies for a specific period of time.
Article 37
The enforcement rules of this Act shall be prescribed by the Central
Competent Authority.
Article 38
This Act shall enter into force one year after its promulgation,
except that Article 18 shall enter into force on the date of
promulgation. |