Article 3
The term “feed” in this Act refers to foodstuffs that provide nutrition to, or promote healthy growth of, livestock, poultry and aquatic animals. Feed can be grouped into:
1. plant-based feed: plants, plant products, or processed results thereof;
2. animal-based feed: animal, animal products, or processed results thereof;
3. feed supplement: minerals, vitamins, amino acids, or process results thereof;
4. formulated feed: formulated mixture or compound of two or more of the above.
The central competent authority shall proclaim a detailed list describing the [types of] feeds that are subject to mandatory testing for possible changes in biosafety or quality level after manufacturing, processing, packing or importation.
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Article 4
The term “contents” in this Act refers to:
1. feed contents: the amounts of crude protein, crude fat, crude ash, crude fiber, phosphate, calcium and other active ingredients, restrictive ingredients, and hazardous substances in the feed.
2. feed additive contents: the amount of active ingredients, restrictive ingredients, and hazardous substances in the feed additive.
National standards shall govern the contents of feed and feed additives. In the absence of a national standard, one will be established by the central competent authority in collaboration with relevant agencies at the time of new item registration/license.
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Article 5
The term “animal feed makers” in this Act refers to entities engaged in manufacturing, processing and packing of animal feed or feed additives.
Animal feed and feed additives must not be used to manufacture or process food (for human consumption), be stored or sold along with food. Animal feed makers must not manufacture, process, pack or store food in the same factory for feed or feed additives.
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Article 10
Feed makers are required to have a license for making, processing and packing each feed/additive proclaimed by the central competent authority. Feed makers shall apply with the central competent authority for such certificates and not engage in manufacturing, processing or packing until after a license is obtained for each feed/additive passing the test.
The central competent authority shall prescribe eligibility, procedure, and documents to be presented for license application, the certificate of origin, lab test protocols, review criteria, as well as the issuance, renewal and replacement of licenses and related instructions.
The following entities are waived from having a license described in Section 10.1:
1. A make-for-self-use feedstuffs user: after getting a made-for-self-use license from the local municipal competent authority, such an entity may make feeds for its own livestock, poultry or aquatic animals.
2. A testing/research laboratory that makes, processes feed/additives specifically for testing purposes.
The make-for-self-use feedstuffs user in Section 10.3.1 shall comply with the quantity guidelines set by the central competent authority in terms of contents and quantity; and record the source and usage of feed additives.
The central competent authority shall prescribe eligibility for the entity in Section 10.3.1, procedure, and documents to be presented for license application, review criteria, as well as the issuance, renewal and replacement of licenses, keeping records of sources and usage of additives described in Section 10.4 and related instructions.
The central competent authority may delegate to a local municipal competent authority the tasks of accepting applications, conducting lab tests, and issuance of manufacture licenses described in Section 10.1.
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Article 11
In order to import fodder or fodder additives, the person in charge needs to make ready with relevant papers or documents concerning its category, kind of item, name of product, components, physical and chemical properties, testing method , the object of application, the way to use it as well as package weight together with samples and testing fees and apply to the central competent authority or via municipal competent authority where the factory is located for testing registration.
After the fodder passes the testing and the person in charge is notified to pay for the certificate fee and is granted the registration certificate sanctioning the import of fodder or fodder additives, he can apply to the competent authority of international trade to import them.
In the event that the testing method is stipulated by national standard, he is exempt from submitting the physical and chemical properties and testing method.
The charge rate of the foregoing item is prescribed by the central competent authority.
The central competent authority may entrust the municipal authority to take charge of the registration of the first item.
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Article 14
Chinese language and universal symbols shall be used on the package or container prior to the sales of feed/additives to indicate:
1. name and address of the manufacturer or vendor,
2. category, description and commercial name,
3. contents,
4. GMO ingredients used,
5. primary ingredients and their suppliers,
6. intended use, method and instructions,
7. net weight,
8. the number of manufacture or import license,
9. production year, month, day of manufacturing, processing or packing
10. other designated items proclaimed by the central competent authority.
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Article 20
Unless for research-purpose manufacturing or processing described in Section10.3.2, feed/additives in any of the following situations must not be used for manufacture, processing, packing, exportation or importation, regardless for self-use or general use:
1. Containing hazardous substance exceeding allowable amount, indirectly endangering human health, or containing substances prohibited for use in feed/additives in regulations promulgated by the government,
2. Failure to obtain the license or certificate required in Sections 10.1, 11.1, 11-1.1 and 11-1.2.
3. Misrepresenting products replaced or adulterated with questionable substances as from legitimate sources of manufacturing, processing, packing or importation.
4. Containing expired, spoiled, decomposed, non-feed or non-additive substances or those likely to impact the health of livestock, poultry and aquatic animals.
5. Non-compliant with Section 3-1.3 in the use of feed additives.
6. Non-consistent with the “allowed contents” described in the license; this clause does not govern feedstuffs prepared by a made-for-self-use entity.
7. Non-compliance with Article 14, namely flawed, unclear or incomplete labeling. This clause does govern feedstuffs prepared by a made-for-self-use entity.
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Article 24
The competent agency deal with defective feed/additives in the following manner:
1. For non-compliance of Section 5.2, or any of Sections 20.1 to 20.6: demanding the feedstuffs be returned, recalled/recycled, re-processed, destroyed, discarded, or confiscated before a designated deadline.
2. For non-compliance of Section 20.7 about labeling: demanding corrective actions be taken before a deadline.
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Article 25
Besides measures against non-compliant feedstuffs, parties involved in violation of Section 5.2 or any section from 20.1 to 20.7 are also subject to penalties:
1. Related licenses shall be revoked for the party violating Section 5.2 or making, processing, packing or importing feed/additives against any section from 20.1 to 20.5.
2. Related licenses shall be revoked for the party making, processing, packing and importing feed/additives in violation of Section 20.6 or Section 20.7 more than twice and in an aggravated manner.
3. Related licenses shall be revoked for the party selling, exporting, displaying or storing (with intent to sell) feed/additives violating any section in Article 20.
4. The competent authority may disclose the offending party’s name, company or commercial name, sales venue, person in charge, names of the defective merchandize and details of the offense.
Feed or additives for which licenses have been revoked according to any clause in Section 25.1 are no longer eligible for application of manufacturing license, import license or sales license.
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Article 26
A jail term or penal servitude under five years, in conjunction with a fine under NT$20,000,000 will be imposed for violation of any clause from Sections 20.1 to Section 20.3
Penal servitude and a fine of under NT$100,000 will be imposed for a violation described in Section 26.1 that is out of negligence.
A penalty will be imposed for attempted violation of any section from Section 20.1 to Section 20.3.
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Article 27
A jail term of under two years and a fine of under NT$1,000,000 shall be imposed on the party selling, exporting, displaying or storing (with intent to sell) feed/additives violating any section from Section 20.1 to Section 20.3.
A fine of under NT$60,000 will be imposed for a violation described in Section 27.1 that is out of negligence.
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Article 29
A fine of over NT$30,000 and under NT$3,000,000 will be imposed for any of the following:
Violation of Section 5.2, namely (1) using feed/additives to manufacture or process (human) food, (2) storing or selling feedstuffs along with food, or (3) manufacturing, processing, packing or storing food in the same factory for feedstuffs.
Using feed/additives described in Sections 20.1, 20.2, 20.4 and 20.5.
Manufacturing, processing , packing, importing feed/additives described in clauses from Section 20.4 to Section 20.7.
Importation of feed/additives not inspected, or having failed the inspection, or application for importation of feed/additives previously ordered to be returned by the Central competent authority.
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Article 30
A fine of over NT$30,000 and under NT$500,000 will be imposed for selling, exporting , or display/storage with intents to sell, of animal feeds/additives described in Sections 20.4-20.7 [20.1.4-20.1.7].
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Article 31
A fine of over NT$30,00 and under NT$300,000 will be imposed for any of the following:
1. Failure to comply with Section 8-1.2 or regulations prescribed according to 8-1.3, namely failure to record, transmit (to authority) or disclose the source and destination of foodstuffs; failure to preserve certificates or evidence; or failure to issue electronic invoices; or record, transmit to authority or disclose false information.
2. Violation of Article 9, namely failure to set up a factory according to this Act.
3. A make-for-self-use entity’s failure to make feedstuffs meeting the quantity limits set by the central competent authority; failure to apply for a self-use license according to Section 10.3.1; or failure to keep records of sources, use of feed additives, according to Sections 10.4 and 10.5, or the records are flawed.
4. Violation of Article 13, namely engaging in tasks [operation] not listed on the license, or make changes to the license without prior official approval.
5. Violation of Article 16, namely engaged in business operation without a sales license.
6. Violation of Articles 19 and 21, and Section 22.4.
7. violation of Section 24.1 and 24.2, namely failure to recall, re-process, fix the label, destroy or discard.
The local competent authority may – besides imposing the fine stipulated in Section 31.1 – order [demand] the made-for-self-use feed user to begin to (1) truthfully keep the records, (2) re-process, discard or destroy the feeds or additives by one’s own means, or discontinue the use. If the feed user fails to comply by a prescribed deadline, the self-use license may be revoked.
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Article 32
A written warning will be issued for violation of Article 17 or Article 18. A repeated offense will result in a fine of over NT$15000 and under NT$100,000.
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