Article 2
Prior to the designation of relevant data per a public notice to be given by the Bureau of Standards, Metrology and Inspection of the Ministry of Economic Affairs (hereinafter referred to as the "BSMI") in accordance with Article 3 of the Act, the BSMI may conduct preliminary review of the cases pertaining to putting public notice in connection with the establishment, amendment and/or rescission of the scope of commodities subject to inspection, or other significant commodity inspection related matters.
For conducting the preliminary review set forth in the preceding Paragraph, the BSMI may invite representatives from relevant government authorities, industrial or business associations to take part in such preliminary review meetings.
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Article 3
In determining the applicable inspection schemes for various commodities under the provision of Paragraph Two, Article 5 of the Act, the BSMI shall designate, by putting a public notice, one or more of the four (4) different inspection schemes, namely batch-by-batch inspection, monitoring inspection, registration of product certification, and declaration of conformity.
In designating applicable commodity inspection scheme(s) under the preceding Paragraph, various factors such as the characteristics of commodity and the industry involved, internationally acceptable inspection practices, domestic business operation and consumer goods market environments, relevant laws governing product liabilities or execution of market surveillance shall be taken into consideration; and appropriate arrangement(s) may be made to coordinate with practical operations.
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Article 7
Where the inspection method of a particular commodity has been specified in the commodity inspection standards published by the BSMI per a public notice, such inspection standards shall prevail provided, however, that if there are two or more inspection methods applicable to that particular commodity, the inspection personnel involved shall try to uniform the inspection method they have adopted.
In case the inspection method of a particular commodity has not been specified in the above-referenced commodity inspection standards, the BSMI may, based on the properties of the commodity, designate another feasible and generally acceptable method for performing the commodity inspection required.
Inspection of exporting commodity may be performed in accordance with the inspection method as mutually agreed upon by the buyer and the seller to the sales agreement involved.
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Article 9
Traditional Chinese language shall be the predominant language to be used in labeling a commodity under Article 11 of the Act and may be supplemented by additional labeling written in foreign language(s). For export commodities, the common language of the territory whereto the commodities are exported or the internationally acceptable language may be used in labeling the commodities.
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Article 14
The samples as required in Article 22 of the Act shall be taken by the inspector at random, and shall not be designated by the obligatory inspection applicant.
Sampling methods shall be defined by the BSMI based on the inspection standards, the nature of the commodity subject to inspection, or the inspection requirements respectively.
The inspector shall affix and sign or seal, on the packages of a batch of commodity from which samples have been taken, a sealing sticker indicating thereon the reference number of the inspection application, the date of sampling, and the the quantity of samples taken.
In case sampling process for imported commodities can hardly be performed at the port of entry, a place of sampling may be designated by the BSMI.
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Article 20
The declaration of conformity to be issued under the provision of Paragraph Two, Article 43 of the Act shall include the following particulars:
1. The name or title and the address of the obligatory inspection applicant;
2. Commodity identification data, including the name and the type/model number of the commodity;
3. The applicable inspection standards and a statement in writing declaring the conformity of the commodity to such inspection standards;
4. The signature/seal of the obligatory inspection applicant, and the title, name and signature/seal of the authorized representative or manager, if the obligatory inspection applicant is a juristic person or an organization;
5. The date of execution and issuance of the declaration of conformity; and
6. Other particulars as required or designated by the BSMI.
The content of registering commodities subject to declaration of conformity in accordance with the provisions of Paragraph Three, Article 43 of the Act, shall include the particulars mentioned in the preceding Paragraph together with a copy of the declaration of conformity.
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Article 21
Where a portion of the contents of a technical document involves information for consumers, such portion of contents shall be written in traditional Chinese language; whereas, other portions written in foreign language shall be accompanied by appropriate traditional Chinese translations, except for the test reports written in English.
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