Article 1
This Act is enacted to prevent toxic chemical substances from polluting the environment and endangering human health, and to manage all relevant information on domestic chemical substances to serve as a basis for toxic chemical substances screening, selection and assessment.
|
Article 3
Terms used in this Act are defined as follows.
I. “Toxic chemical substances” refers to those chemical substances that are intentionally produced by human activity or unintentionally derived from production processes and that have been officially announced by the central competent authority as having toxicity subject to the following classification regulations. Toxic chemical substances shall be classified as follows.
A. Class 1 toxic chemical substances: those chemical substances that are not prone to decompose in the environment or that pollute the environment or endanger human health due to bioaccumulation, bioconcentration or biotransformation.
B. Class 2 toxic chemical substances: those chemical substances that cause tumors, infertility, teratogenesis, genetic mutations or other chronic diseases.
C. Class 3 toxic chemical substances: those chemical substances that endanger human health or the lives of biological organisms immediately upon exposure.
D. Class 4 toxic chemical substances: those chemical substances for which there is concern of pollution of the environment or the endangerment of human health.
II. “Handling” refers to such activities as the manufacture, import, export, sale, transport, use, storage or discarding of chemical substances.
III. “Pollution of the environment” refers to an alteration of the quality of air, water or soil due to the handling of chemical substances such that it causes an impact on the normal use of the air, water or soil, destruction of the natural ecology or damage to property.
IV. “Release quantity” refers to the total quantity of a chemical substance that is dispersed into the air, water or soil due to handling.
V. “Existing chemical substances” refers to those chemical substances that are listed in the chemical substance inventory issued by the central competent authority after consultation with the government authorities in charge of subject industry.
VI. “New chemical substances” refers to chemical substances that are not included in the existing chemical substance inventory.
|
Article 7
The central competent authority shall officially announce toxic chemical substances as Class 1, Class 2, Class 3 or Class 4 when the toxicological characteristics of chemical substances conform to the toxic chemical substance classification definitions prescribed in Article 3 of this Act.
The central competent authority may restrict or prohibit the handling of Class 1, Class 2 and Class 3 toxic chemical substances.
Handlers may apply for the removal of the restrictions or prohibitions prescribed in the foregoing paragraph when they can prove that prevention and control methods employed in the toxic chemical substance use process can prevent or avoid pollution of the environment or the endangerment of human health. The applicant may submit an appeal when an application is rejected, but only one appeal may be made. The central competent authority shall determine regulations governing documents to be attached to the appeal application, rejection, the deadline for submission of an appeal, and other binding matters.
Prior to handling of Class 4 toxic chemical substances, toxicity and relevant information of the toxic chemical substances shall be reported to special municipality, county or city competent authorities. Such handling shall be performed upon permission of the competent authorities in accordance with authorized items.
The central competent authority shall determine regulations governing application for permission, review procedure, permits issuance (replacement and re-issue), validity time period, change, extension, cancellation, revocation, and other binding matters.
|
Article 8
The handler shall produce reports and regularly report records concerning the handling of toxic chemical substances and their release quantities; such records shall be preserved properly for future reference.
The central competent authority shall determine regulations governing the production, format, and preservation of the records in the foregoing paragraph, the content, frequency, and method of reports, and other binding matters.
The competent authority shall provide the release quantities records on-line pursuant to the foregoing 1st Paragraph to the public for reference, on a stage-by-stage basis.
|
Article 17
The handler shall mark matters related to toxicity and pollution control measures pursuant to regulations on Class 1, Class 2, Class 3, and Class 4 toxic chemical substance on containers, packaging, handling sites, and facilities, and shall keep safety data sheets for the corresponding toxic chemical substances.
The central competent authority shall determine regulations governing the marking of containers, packaging, handling sites, and facilities, the preparation, classification, pictograms, contents, formats, and establishment of safety data sheets, and other binding matters in the foregoing paragraph.
|
Article 23
Handlers of Class 1, Class 2, Class 3, and Class 4 toxic chemical substances shall not sell or transfer the toxic chemical substances at issue to those that have not obtained a permit, registration or approval pursuant to Article 13, Paragraphs 1 through 4. However, those that receive prior approval from the competent authority shall not be subject to this restriction.
|
Article 25
The competent authority may send personnel bearing documents verifying their duties or markings providing sufficient identification to enter public or private premises and check the handling of toxic chemical substances and related articles and sites and order the provision of relevant information. In order to check toxic chemical substances, distributions, orders can be issued for submission of relevant data for receiving, production, sales, stock inventory receipts, account books, and other relevant statements, and other production, sales, shipping or import and export information. When necessary, the personnel may collect samples of toxic chemical substances or related articles, for which receipts shall be issued, and perform testing, and may provisionally seal the premises, which shall be put under the safekeeping temporarily of the statutory responsible person.
Samples collected pursuant to the foregoing paragraph shall be tested as quickly as possible, and an analysis laboratory that has been issued a permit by the central competent authority may be commissioned to perform testing; the period for testing shall not exceed one month. However, those that receive the approval of the central competent authority shall not be subject to this restriction.
The environmental analysis and testing organization in the foregoing paragraph shall perform work consistent with the testing and analysis categories on its permit. The central competent authority shall determine regulations governing the required conditions and facilities; the qualifications and in-service training of analysis personnel; permit application, review procedures, period of validity, issuance, replacement, revocation, and cancellation; suspension and resumption of business; checking and evaluation procedures; information reporting; and other binding matters in connection with the organizations.
The central competent authority shall officially announce the methods and quality control items for the testing of toxic chemical substances.
|
Article 32
Those in one of the following circumstances shall be fined NT$1 million to NT$5 million and shall be ordered to make improvements within a limited time period. Those that have failed to complete improvements by the deadline may be ordered to suspend work or suspend business. When necessary, the competent authority may issue orders for the termination of business, the revocation or cancellation of registration or the revocation or cancellation of permits.
I. A violation of restrictions or prohibitions officially announced pursuant to Article 7, Paragraph 2.
II. Failure to obtain a permit pursuant to Article 13, Paragraph 1 and the performance of unauthorized handling.
III. Failure to purchase liability insurance to cover handling risks pursuant to Article 16, Paragraph 1.
IV. A violation of management regulations prescribed in Article 19, Paragraphs 1 or 2 governing the installation, construction, operation, inspection, maintenance, service, or calibration of emergency response equipment and detection and alarm equipment that causes pollution of the environment.
V. A violation of the regulations of Article 20.
VI. A violation of the regulations of Article 24, Paragraphs 1 or 2; a violation of the regulations of Article 20, Paragraph 3 that causes pollution to the environment; failure to bear responsibility for clearance and disposal pursuant to the regulations of Paragraph 4 of the same article.
VII. For those that have been ordered by the competent authority pursuant to Article 26, Subparagraph 1 or 2 to perform clearance and disposal within a limited period, failure to perform clearance and disposal by the deadline.
|
Article 34
Those in one of the following circumstances shall be fined NT$100,000 to NT$500,000 and shall be ordered to make improvements within a limited time period. Those that have failed to complete improvements by the deadline may be ordered to suspend work or suspend business. When necessary, the competent authority may issue orders for the termination of business, the revocation or cancellation of registration or the revocation or cancellation of permits.
I. Failure to keep, declare, preserve, or report records on the part of those that have record-keeping, declaration, record preservation or reporting obligations pursuant to Article 7, Paragraph 4, Article 8, Paragraph 1, Article 22, Paragraph 1, or Article 24, Paragraph 4.
II. A violation of the regulations of Article 10, Paragraph 1, Article 17, Paragraph 1, Article 18, Paragraph 1 or Article 23.
III. Unauthorized handling and failure to apply for registration in violation of the regulations of Article 13, Paragraph 2 or Paragraph 3.
IV. Violation of the management regulations of Article 16, Paragraph 2 concerning insurance targets, insurance contract items, minimum insurance amount, insurance content, and document preservation, or violation of Paragraph 3 by failure to take preventive action, thereby causing an accident.
V. A violation of management regulations prescribed in Article 19, Paragraphs 1 or 2 governing the installation, construction, operation, inspection, maintenance, service, and calibration, records and records preservation of response equipment and detection and alarm equipment.
VI. A violation of management regulations prescribed in Article 22, Paragraphs 2 or 3 governing transport manifest reporting and preservation, real-time tracking system installation, transport markings, documents to be carried, safety equipment, and accident handling.
VII. A violation of management regulations prescribed in Article 25, Paragraph 3 governing permit testing and analysis categories or a violation of management regulations prescribed in the same paragraph governing the required conditions and facilities; the qualifications and in-service training of analysis personnel; testing and analysis permit period of validity; information reporting; and work responsibilities.
|
Article 35
Those in one of the following circumstances shall be fined NT$60,000 to NT$300,000 and shall be ordered to make improvements within a limited time period; those that have failed to complete improvements by the deadline may be ordered to suspend work or suspend business; when necessary, the competent authority may issue orders for the termination of business, the revocation or cancellation of registration or the revocation or cancellation of permits.
I. A violation of the management regulations of Article 7, Paragraph 5 concerning permission, permits issuance (replacement and renewal), and change.
II. Failure to complete improvement by the deadline after being ordered by the central competent authority to make improvement within a limited time period due to missing content or format of the records produced and reported pursuant to Article 8 Paragraph 2.
III. A violation of management regulations of Article 8, Paragraph 2 concerning frequency, method, and preservation of records report.
IV. Handling in violation of the total release quantity control methods of Article 9.
V. A violation of management regulations prescribed in Article 10, Paragraph 3 governing risk prevention and response plan production, content, reporting, and implementation.
VI. A violation of Article 11, Paragraph 1.
VII. The failure to perform handling in accordance with the listed items of a permit issued pursuant to Article 13, Paragraph 1 or handling in violation of registration items pursuant to Paragraphs 2 or 3 of the same article.
VIII. Unauthorized handling without obtaining approval or failure to perform handling in accordance with approved items in violation of Article 13, Paragraph 4.
IX. A violation of management regulations prescribed in Article 13, Paragraph 5 governing permit/registration/approval application, replacement or renewal, and change.
X. A violation of Article 16, Paragraph 4.
XI. A violation of management regulations prescribed in Article 17, Paragraph 2 governing the marking of containers, packaging, handling sites, and facilities, and the preparation, classification, pictograms, contents, formats, and establishment of safety data sheets.
XII. A violation of management regulations prescribed in Article 18, Paragraph 2 governing the qualifications, training, and employment grade of professional technical management personnel; number of personnel; work responsibilities; deputies; and changes.
XIII. A violation of management regulations prescribed in Article 28, Subparagraph 1 governing the management authority of relevant government agencies and academic organizations and their use of toxic chemical substances; the employment of professional technical management personnel; transport; record production, reporting, and length of preservation; marking, storage, and checking, or the failure to perform handling in accordance with the management methods prescribed in Subparagraph 2 of the same article.
|
Article 36
Toxic chemical substances or related articles checked pursuant to Article 25 shall be handled as follows depending on the outcome of checking:
I. Toxic chemical substances or related articles may be confiscated when in violation of the regulations of this Act.
II. Sealed toxic chemical substances and related articles that have been determined to be appropriate for the making of improvements or conversion into other substances but have not been subjected to improvement or conversion by the deadline may be confiscated.
|
Article 41
Chemical substance registration information pursuant to this Act shall be disseminated to the public. However, the central competent authority possesses the authority to maintain confidentiality of information involving national defense, industrial or commercial confidentialities subject to the application submitted by the manufacturer or importer and received approval by the central competent authority.
When one of the following circumstances occurs, information confidentiality in the foregoing paragraph shall not be subjected to this restriction pursuant to the authority of the central competent authority.
I. It is necessary for benefitting the public.
II. It is necessary for protecting people’s lives, bodies, health.
III. It is consented by the manufacturer or importer.
Confidentiality shall be maintained concerning reviews, checking, and the collection of samples and testing performed pursuant to this Act that involve national defense, industrial or commercial secrets. However, identities, physical, chemical, toxicity, classification, labeling and relevant safety information of chemical substances shall not be subjected to this restriction.
The Freedom of Government Information Law shall apply to application to the central, municipality, county and city competent authorities for provision of government information pursuant to the regulations in the foregoing three paragraphs.
|
Article 44
This Act shall take effect on the date of promulgation.
Except for Article 7-1, Article 7-2, Article 17 and Article 35-10, Article 35-1 and Article 41 revised on November 22, 2013, which shall take effect one year after promulgation; the other amendments shall take effect on the date of promulgation.
|