Laws Information

法規資訊
Title: Regulations Governing Monitoring Inspection
Am Date: 2014-12-15
Legislative History: Articles 3,8,13-1,21-1,21-2 and Chapter 4 amended and promulgated by Ministerial Order on 25 December 2014

Transaction

Amended

Article 13-1
The inspection application may be exempted when the commodity subject to random inspection.
The random inspection mentioned in the preceding paragraph includes the random inspection of a premises sampling and samples purchased on the market; such inspections shall be implemented by the BSMI according to respective commodity characteristics.

Article 21-1
For a commodity apply to random inspection of a premises sampling, the obligatory inspection applicant thereof shall fill in and submit an application form and attach the following documents to apply to the inspection authority  for random inspection of a premises sampling:
1. Monitoring inspection commodity registration certificate.
2. The delivery quantity of all items of the specific production factory in the last calendar year within the due inspection scope; if the production of the last calendar year is not available, the estimated delivery quantity of the current year shall be attached.
3. Other documents designated by the BSMI.
Where the preceding application conforms to the examination of the inspection authority, random inspection agreement will be issued.
The obligatory inspection applicant that has acquired the preceding agreement shall submit the Registration Form for Domestic Goods Entry into the Domestic Market to the inspection authority before the end of January of every calendar year and fill in the delivery quantity and delivery amount of the last calendar year.
The inspection authority will carry out premises sampling and receive inspection fees according to the preceding information.
For a commodity apply to random inspection of a sample purchased on the market, the inspection authority shall set up an annual inspection plan for performing inspections on samples purchased on the market.

Article 21-2
Where an obligatory inspection applicant’s commodity is applied to a random inspection on a premises sampling and has any one of the following circumstances, the inspection authority may inform such an applicant to change to batch by batch monitoring inspection for the inspection application; the random inspection on a premises sampling can only be recovered after such circumstances have disappeared.
1. Fails to submit the Registration Form for Domestic Goods Entry into the Domestic Market as required, and still fails to submit it upon the expiration of the submission deadline, or the record in the Registration Form for Domestic Goods Entry into the Domestic Market is false.
2. Fails to pay the inspection fees and still fails to pay upon the expiration of the payment deadline.
3. Fails to coordinate with the inspection authority for the performance of sampling inspection.
4. Fails to provide samples for inspection in due time after being informed to do so by the inspection authority.
5. Voluntarily applies to cease the random inspection on a premises sampling.
6. Cessation of business, with unknown whereabouts, or fails to report its delivery quantity for two consecutive years.
Provided any one of the circumstances prescribed from Paragraph 1 to Paragraph 4 above exists, after changing the inspection method, if such circumstances persist, the random inspection on premises sampling can only be recovered four months after such circumstances have disappeared.
Article 3
For commodities subject to monitoring inspection and registration in advance, designated and made known to the public by the BSMI as per the quasi-provisions set out in Article 19, mentioned in Article 34 of the Act, an applicant shall complete the application form and submit the following documents to the local inspection authority for registration:
1. Photocopies of Certificate of Company Registration, Certificate of Business Registration, or other equivalent documents; except for those who have filled out the uniform serial number of the company or business.
2. Other related technical documents as stipulated by the inspection authority.

Article 8
An applicant shall apply to the inspection authority for inspection by completing an application form and providing the following documents and inspection fees:
1. Relevant testing records, production records, or other documents as required by related announcement; and
2. Other documents required for inspection.
For commodities for which an application for monitoring inspection registration is not required, an applicant shall attach the documents mentioned in Article 3 of these Regulations when applying for inspection for the first time.
Where the application for inspection is made by an agent, a power of attorney and the agent’s documentation must also be attached. Agents for inspection applications may register with the inspection authority by providing a power of attorney and then handle application procedures on behalf of applicants.
In case any special circumstance needs to be approved by the BSMI, the inspection fees prescribed in the first paragraph shall be paid before the inspection prescribed in Article 14 is carried out.