Article 41
The municipal or county/city competent authority may take the following actions to ensure that foods, food additives, food utensils, food containers or packaging and food cleansers are in compliance with the provisions of this Act, and businesses shall cooperate with the competent authority and shall not evade, impede or refuse:
1. entering the place of manufacturing, processing, preparation, packaging, transportation, storage and sales, performing on-site examination and conducting sampling and testing;
2. when conducting the examination or sampling and testing referred to in the preceding paragraph, it may be required for the food businesses of the place referred to in the preceding paragraph to provide the source and amount of raw materials or products, processing, quality assurance, sales counterpart, sales amount, other supporting information, evidence or records, and such may be reviewed, detained and copied;
3. foods, food additives, food utensils, food containers or packaging and food cleansers found to be not in compliance with the provisions of this Act according to the examination and testing results shall be sealed;
4. those with possible violations of Paragraph 1 of Artcle 8, Paragraphs 1 and 4 of Article 15, and Article 16, or standards prescribed by the central competent authority pursuant to Articles 17, 18 or 19, the food businesses may be ordered to suspend operations or cease such sales, and the products shall be sealed;
5. upon receipt of reports of food poisoning accidents, the relevant food businesses may be ordered to make correction within a prescribed time period or send the relevant food personnel to participate in at least four hours of food poisoning prevention seminar at agencies (institutions) certified by the competent authority at all levels. During the investigation, it may be ordered to suspend operations, cease sales or undertake disinfection and seal such products.
Where necessary, the central competent authority may also execute the measures described in the preceding paragraph.
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Article 48
Anyone committing any of the following and failing to correct the violation within the time limit prescribed shall be fined between NT$30,000 and NT$3,000,000. In severe circumstances, the enterprise may be ordered to terminate business, suspend business for a certain period of time, revoke all or part of the items listed in the company registration, business registration or factory registration, or the registration of the food businesses. If registration of the food businesses is revoked, re-application for new registration shall not be permitted within one year:
1. violating Paragraph 1 of Article 7 for failing to enact food safety monitoring plan, or Paragraph 2 or Paragraph 3 for failing to be equipped with the laboratory;
2. violating Paragraph 3 of Article 8, failing to file registration; or violating Paragraph 5 of Article 8, failing to obtain certification;
3. violating Paragraph 1 of Article 9, failing to establish tracing or tracking system;
4. violating Paragraph 2 of Article 9, failing to issue electronic uniform invoices for the purpose of food tracing or tracking;
5. violating Paragraph 3 of Article 9, failing to declare in the electronic method or to declare according to the method and specification prescribed by the central competent authority;
6. violating Paragraph 3 of Article 10;
7. violating any of the standards prescribed by the central competent authority in accordance with Article 17 or Article 19;
8. the products sold by the food businesses violating the specification, use and limitation of food additives prescribed by the central competent authority pursuant to the standard prescribed in Article 18;
9. violating Paragraph 4 of Article 22 or Paragraph 3 of Article 24, failing to report to the competent authority; or
10. violating Paragraph 4 of Article 35, failing to attach product ingredients report and official sanitation certificate issued by the export country.
11. violating the restrictions prescribed by the central competent authority in a public announcement pursuant to Paragraph 2 of Article 15-1.
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