Laws Information

法規資訊
Title: Regulations Governing Self-verification Conducted by Measuring Instrument Enterprises
Am Date: 2014-10-22
Legislative History: Articles 2, 3, 4, 7, 12, 13, 15, 17, 18 and 19 amended and promulgated by Ministerial Order on October 22, 2014

Transaction

Amended

Article 2
The verifications following terms used in this Regulation are defined as follows:
1. “Initial Verification” A legal measuring instrument subject to verification conducted before the measuring instrument is released from the factory or at the time of import. When agreed by the dedicated weights and measures authority, the verification can be conducted after the measuring instrument has been installed or in its use.
2. “Re-verification” A legal measuring instrument subject to verification conducted when the validity period of the previous verification expires or after the measuring instrument has been repaired, adjusted or remodeled or in its use.
The verification defined in the preceding Paragraph is limited to those brands and types of measuring instruments manufactured or imported by the corresponding manufacturers or importers, and sold in their own names or under their authorization.

Article 3
To apply for self-verification, the applicant shall meet the following qualification:
1. Granted license of measuring instrument manufacturer or importer;
2. The production factory that manufactures the measuring instruments subject to self-verification shall be certificated and granted a CNS 12681 (ISO 9001) quality management system certificate issued by a certification body accredited by a signatory of the IAF MLA (International Accreditation Forum Multilateral Recognition Arrangement) on behalf of the Republic of China; the scope of certification and registration shall cover the production of the measuring instrument applying for self-verification,and shall cover the maintenance and repair of the measuring instrument in case the verification scope also include re-verification.
The applicant as referred to in the preceding paragraph shall have a testing laboratory in the Republic of China and fulfill the following requirements:
1. The verification equipments of the testing laboratory shall meet the technical specifications for verification and inspection of measuring instrument;
2. The testing laboratory shall be accredited and granted an accreditation certificate issued by a signatory of the ILAC MRA (International Laboratory Accreditation Cooperation Mutual Recognition Arrangement) on behalf of the Republic of China; the scope of accreditation shall cover all the verification items of the measuring instrument applying for self-verification; and
3. The testing laboratory shall set up a laboratory director and verification technicians meeting the following qualifications:
(1) The laboratory director shall fulfill the qualification for Class A metrological technician with a certificate issued by the dedicated weights and measures authority;
(2) Verification technicians shall fulfill the qualification for Class B metrological technician with a certificate issued by the dedicated weights and measures authority.
The technical supervisors mentioned in item 1, subparagraph 3, paragraph 2 shall fulfill the qualification for Class A metrological technician engineer with a certificate issued by the dedicated weights and measures authority prior to December 31, 2015.
The technical supervisors that fail to receive the certificates of Class A metrological technician engineer are allowed to perform their duties until the date set in preceding paragraph, if they graduated from college or university and major in science or engineering, and have been engaged in relevant testing work for three years.

Article 4
To apply for self-verification, the applicant shall fill in the application form, pay the licensing fee and certification fee, and submit the application form together with the following documents to the dedicated weights and measures authority:
1. Photocopy of the business license of measuring instrument manufacturer or importer;
2. Photocopy of the production factory quality management system certificate;
3. Photocopy of the testing laboratory accreditation certificate;
4. List of verification equipments;
5. On-job certificate of the laboratory director and verification technicians; and
6. Photocopy of the qualification certificates of the laboratory director and verification technicians.
A quality management system certificate, issued under the Mutual or Multilateral Recognition Arrangements and conformed to the requirements in Subparagraph 2, Paragraph 1, article 3, may be submitted in place of related documents mentioned in Subparagraph 2, Paragraph 1. An applicant shall provide a signed declaration stating that the copies of the documents mentioned above are identical to the originals or current situation. If necessary, the dedicated weights and measures authority may require the applicant to present the original documents for verification.

Article 7
The validity period of a self-verification permit of measuring instrument enterprise is three years commencing from the date of issuance; from three month before the validity period expires to the expiration date, the original applicant may prepare an application form and submit it together with the permit fee and certificate fee as well as the documents listed in the Subparagraphs of Article 4 to the dedicated weights and measures authority to apply for extension; where the qualification is deemed as qualified after the process of examination, a replacement permit certificate shall be issued.
The validity period of a replacement permit certificate as referred to in the preceding Paragraph is three years commencing from the day following expiration of the validity period of the original permit certificate. Nonetheless, where application is filed within one month before the original validity period expires and the replacement is not finished before expiration of the original validity period, the validity period of the replacement permit certificate shall be three years commencing from the day of issuance.

Article 12
To newly appoint a director or verification technician of testing laboratory within the period of permitted self-verification, the measuring instrument enterprises entitled to conduct self-verification shall follow the provisions set forth in Subparagraph 3, Paragraph 3, or Paragraph 5 of Article 3; and shall, within ten days commencing from the day following the accession, make a report to the dedicated weights and measures authority for reference.

Article 13
In case of alteration of address, name of company/firm, organization, the measuring instrument enterprises entitled to conduct self-verification shall prepare an application form and submit it together with the certificate fee, the reserved copy of the original permit certificate, and the photocopy of other related documents to the dedicated weights and measures authority to apply for replacement of self-verification permit.
In case of alteration of the production factory or the address of the production factory, or the address of the testing laboratory, the measuring instrument enterprise entitled to conduct self-verification shall prepare an application form and submit it together with the certificate fee, the reserved copy of the original permit certificate, and the photocopy of other related documents to the dedicated weights and measures authority to apply for replacement of self-verification permit; and may not conduct self-verification unless the application is approved and a replacement permit is granted.
Where a measuring instrument enterprise entitled to conduct self-verification increases the categories and/or scope of the measuring instruments subject to self-verification, or changes the principal of the company/firm, it shall reapply for self-verification according to the provisions of Article 4.
In case of alterations mentioned in the preceding three paragraphs, a measuring instrument enterprise entitled to conduct self-verification shall submit application within a given time limit according to the following items,
1. Under the circumstance as described in Paragraph 1, or of changing the principal of the company/firm in the preceding Paragraph, the enterprise shall submit the application to the dedicated weights and measures authority within two months after the alteration.
2. Under the circumstance as described in Paragraph 2, or of increasing the categories and/or scope of the measuring instruments subject to self-verification as described in the preceding Paragraph, the enterprise shall submit application to the original accreditation body and/or certification body for assessment within two months after the alteration, or reapply for assessment in accordance with the provisions in Article 3, and submit application to the dedicated weights and measures authority within ten days after passing the assessment and receiving the certificate.

Article 15
Where the validation of type approval of a kind of measuring instrument obtained by a measuring instrument enterprise entitled to conduct self-verification is revoked or abolished by the dedicated weights and measures authority, the enterprise shall no longer verify such measuring instrument by itself.

Article 17
Under any of the following circumstances, the dedicated weights and measures authority shall order the measuring instrument enterprise entitled to self-verification to correct its misconduct within a given time limit:
1. When the enterprise doesn’t fabricate or use verification mark in accordance with Paragraph One or Paragraph Two of Article 10;
2. When the enterprise doesn’t submit monthly report in accordance with Article 11;
3. When the enterprise doesn’t make report for reference within a given time limit in accordance with Article 12;
4. When the enterprise doesn’t apply for alteration within a given time limit in accordance with Subparagraph One, Paragraph Four of Article 13;
5. When the enterprise doesn’t apply for alteration within a given time limit in accordance with Subparagraph Two, Paragraph Four of Article 13; or
6. When the enterprise fails the sampling test conducted under Article 14.
Under a circumstance as described in Subparagraph 1, 5 or 6 of the preceding Paragraph, the enterprise shall be suspended from self-verification; and may conduct self-verification no longer unless the misconduct is corrected.
Under any circumstance as described in Subparagraphs 2~4 of the preceding Paragraph, a time limit shall be set for correction; where the misconduct is not corrected within the specified time limit, the enterprise shall be suspended from self-verification, and may conduct self-verification no longer unless the misconduct is corrected.

Article 18
Under any of the following circumstances, the dedicated weights and measures authority shall abolish the self-verification permit of the measuring instrument enterprise ever entitled to conduct self-verification:
1. When the enterprise applies for abolishment of self-verification permit on its own initiative;
2. When the enterprise evades, hinders or refuses investigation twice with violating the provision of Paragraph One, Article 23 of the Act;
3. When the enterprises fails to maintain the qualification conditions set forth in Article 3;
4. When the enterprises violates Paragraph Three of Article 6 and conducts any action beyond the scope of the permit;
5. When the enterprise makes any false statement in the verification records or monthly reports;
6. When the enterprise doesn’t pay the verification fee within a specified time limit in accordance with relevant provisions after a hastening notice is given;
7. When the enterprises fails twice the sampling test conducted against Article 14 within one year;
8. When the enterprise doesn’t complete the correction within the given time limit under one of the circumstances as described in Subparagraph 1, 5, or 6 of Paragraph One of the preceding Article;
9. When the enterprise doesn’t stop self-verification in accordance with Paragraph 2 or 3 of the preceding Article; or
10. When the enterprise violates these Regulations in a way deemed as serious by the dedicated weights and measures authority.
Under a circumstance as described in Subparagraph 4 or 9 of the preceding Paragraph or in case that self-verification is conducted with violating the provisions of Article 15, it shall be deemed that the measuring instrument qualified in such self-verification has not been verified yet.

Article 19
When the self-verification permit is revoked or abolished, the measuring instrument enterprise shall, upon receipt of the advice note of revocation or abolishment, stop self-verification and hand back the self-verification permit certificate within a specified time limit; in case the permit certificate is not handed back within the specified time limit, the dedicated weights and measures authority may directly make known to the public per public notice of the revocation of such verification mark.
After the self-verification permit is revoked or abolished, the measuring instrument enterprise referred to in the preceding Paragraph may not apply for self-verification permit again within three years, unless the permit is abolished in accordance with Subparagraph 1, or Subparagraph 3 in which part of inconformity is not attributable to the measuring instrument enterprise, Paragraph One of the preceding Article.