Laws Information

法規資訊
Title: Regulations Governing Market Surveillance of Commodities
Am Date: 2018-09-07
Legislative History: Articles 4, 5 and 6 amended and promulgated by Ministerial Order on September 7, 2018.

Transaction

Amended

Article 4
The market surveillance conducted by the inspection authority shall check the following items:
1. That commodities comply with the provisions of Articles 6 and 7 of the Act;
2. That commodities comply with the labelling requirements of Articles 11 and 12 of the Act;
3. That the labelling and marking of commodities comply with previously inspected commodities;
4. That illegal commodities ordered by the related authority to be recalled within a specified time limit are recalled accordingly in accordance with the requirements;
In order to conduct the check mentioned in the preceding paragraph, the inspection authority may require the persons responsible for the places under check to provide relevant information and the inspection applicant to provide inspection certificates, technical documents, or samples in order to conduct further verification or testing in accordance with Paragraph Two, Article 49 of the Act.

Article 5
When conducting market surveillance, the personnel of the inspection authority shall clearly identify itself and explain the reason for inspection to the representative or relevant personnel of the place under check (the representative).
The representative or related personnel may be present on site at all times during the entire inspection.
The inspection authority personnel who conduct market surveillance (the market surveillance personnel) shall make a report after the inspection, and have the report signed by the representative. The market surveillance personnel shall specify the reason of the representative to refuse or be unable to sign clearly in the inspection reports.

Article 6
If commodities are found to be violating regulations during market surveillance, an investigation shall be conducted in accordance with Article 50 of the Act. When conducting sealing of or applying any other alternative approaches of sealing to preserve the evidence of the sealing of such commodities, the representative may hold these commodities under custody or transport them to a designated storage place after signing the document specifying sources of these commodities with a custody statement prepared by the market surveillance personnel.
If the representative decides to transport the commodities mentioned in the preceding paragraph to a designated storage place, they shall obtain documents demonstrating acceptance of such commodities by the person responsible for the designated storage place for future reference.