Chapter I. General Provisions
Article 1
This Act is enacted to protect agricultural production and
ecological environment, prevent and eliminate pests, prevent
hazards from agro-pesticides, strengthen agro-pesticide
administration, promote the development of agro-pesticide
industry, and enhance the safety of agricultural products.
Article 2
For the purposes of this Act, the term "competent authority"
denotes the Council of Agriculture, Executive Yuan at the central
level; the municipal government at the municipal level; and the
county/city government at the county/city level.
Article 3
The matters governed by the central competent authority are as
follows:
1. Planning, compilation, supervision and implementation of
national agro-pesticide administration policies, schemes and
plans.
2. Enactment (formulation), review, interpretation and implementation
of national agro-pesticide administration laws and regulations.
3. Research, development and advocacy of agro-pesticide administration.
4. Training and management of national agro-pesticide administrative
personnel.
5. Supervision of national agro-pesticide administrative affairs.
6. Coordination or implementation of national agro-pesticide
administration.
7. International cooperation and technical exchange regarding
agro-pesticide administration.
8. Other matters related to national agro-pesticide administration.
Article 4
The matters governed by municipal or county/city competent authority
are as follows:
1. Planning and implementation of implementation schemes and plans
regarding agro-pesticide administration in the area under its
jurisdiction.
2. Implementation of agro-pesticide administration laws and
regulations,as well as enactment (formulation), interpretation
and implementation of autonomous regulations on agro-pesticide
administration in the area under its jurisdiction.
3. Research, development and advocacy of agro-pesticide administration
in the area under its jurisdiction.
4. Data statistics and report of agro-pesticide administration in
the area under its jurisdiction.
5. Other matters related to agro-pesticide administration in the
area under its jurisdiction.
Article 5
The terms used in this Act are as defined as follows:
1. Agro-pesticide: denotes formulated agro-pesticides and
technical grade agro-pesticide.
2. Formulated agro-pesticide: denotes the chemicals or
biologically-based formulations listed below:
(1) Those used for preventing and eliminating pests of crops and
forest or the products thereof;
(2) Those used for regulating the growth of crops and forest or
for influencing the physiological functions thereof;
(3) Those used for regulating the growth of beneficial insects;
(4) Any other chemicals designated by the central competent
authority for protecting plants.
3. Technical grade pesticide: denotes any and all active
ingredients or raw materials required for the manufacturing
of formulated agro-pesticides referred to in the preceding
paragraph.However, any and all technical grade pesticides
shall be deemed formulated agro-pesticides as long as they
be directly used for any of the purposes under the preceding
paragraph and are approved and promulgated by the central
competent authority.
4. Labelling: denotes the illustrative text, patterns or marks
on the container, packaging or enclosed specification of
agro-pesticides.
5. Agro-pesticide manufacturers: denotes those engaged in the
manufacture, processing and repackaging of agro-pesticides
as well as the wholesale and export of agro-pesticides, and
the import of technical grade agro-pesticides for self-use;
manufacturers also may be engaged in the retail of their own
products.
6. Agro-pesticide dealers: denotes those engaged in the wholesale
, retail, import and export of agro-pesticides.
7. Manufacturing: denotes the process of producing raw materials
into technical grade agro-pesticides.
8. Processing: denotes the process of producing technical grade
agro-pesticides into formulated agro-pesticides.
Article 6
For the purpose of this Act, the term "prohibited agro-pesticides"
denotes any and all agro-pesticides prohibited by the central
government in public announcement from being manufactured,
processed, repackaged, imported, exported, sold or used.
Article 7
For the purposes of this Act, the term "counterfeit agro-pesticides"
denotes any of the following agro-pesticides:
1. Agro-pesticides manufactured, processed, imported without
prior approval or counterfeit domestic or foreign products;
2. Agro-pesticides in which the content of other active ingredients
added exceeds the standard limits set forth by the central
competent authority;
3. Agro-pesticides which have been replaced with domestic or
foreign products;
4. Agro-pesticides whose validity labelling has been erased or
altered;
5. Agro-pesticides whose description of active ingredients is
inconsistent with that approved
Article 8
For the purposes of this Act, the term "inferior agro-pesticides"
denotes any duly registered agro-pesticides concerning which any
of the following situations has arisen:
1. The content of the active ingredients does not conform to the
standard specifications prescribed;
2. The validity has expired;
3. The quality other than the content of the active ingredients
referred to in the first paragraph does not conform to the
standard specifications prescribed.
Chapter II. Registration
Article 9
Agro-pesticides shall not be manufactured, processed, or imported
without having passed the examination of, approval for
registration with, and obtained a permit from the central
competent authority, unless otherwise prescribed in this Act or
in case that the agro-pesticides are promulgated by the central
competent authority as non-controlled agro-pesticides.
Article 10
Before the agro-pesticide manufacturers and dealers apply for
approval of registration for formulated agro-pesticides, the
agro-pesticides shall pass the tests according to the standard
specifications for agro-pesticides prescribed by the central
competent authority, and pass the examination of the data of
physicochemical property test, toxicity test and field test.
However, if one of the following conditions applies, then all or
a part of the data of field test and toxicity test may be exempted
from examination.
1. If the formulated product has previously obtained approval for
registration eight years before.
2. If the formulated product has previously obtained approval for
registration and received a permit, and the permit holder agrees
authorization for the use of test data.
Technical grade agro-pesticides shall be exempted from field test.
The field test shall be exempted if a registered formulated product
had applied for the permit of a comparatively safer new formulation
and had been approved by the central competent authority.
The directions for the standard specifications, physicochemical
property test, toxicity test and field test under paragraph one
shall be prescribed by the central competent authority.
Article 11
For the purpose of solving the lack of preventive chemicals for
the pests of minority crops, the competent authority may carry
out the field tests for the new use and application of
agro-pesticide, and extend the use according to the actual
circumstances; the conducting procedures shall be promulgated by
the central competent authority.
Article 12
The inspection methods of agro-pesticide standard specifications
shall be promulgated by the central competent authority; if there
without proclamation, a feasible method in current use shall be
referred to.
Article 13
The central competent authority shall promulgate the common
name, active ingredients and the contents, the use and the scope
of application of a registered agro-pesticide.
Article 14
The use and change of pesticide labeling shall be approved by the
central competent authority at first, and after the original
labeling shall be replaced within six months from such a change
occurs.
The regulations governing the text, due contents, the pattern of
warning and attention marks, and other relevant prescription
regarding the agro-pesticide labelling under the preceding
paragraph shall be prescribed by the central competent authority.
Article 15
An agro-pesticide permit shall specify the following:
1. Permit number, date of registration, and period of validity;
2. Personal/business name and address of the manufacturer or
dealer, name of responsible person, and the name and address
of original manufacturer overseas;
3. Common name, manufacturer brand, type of formulation, and
physical properties of the agro-pesticides as well as
description and percentage of active ingredients and other
ingredients thereof;
4. Application method of agro-pesticides and its scope;
5. Other matters promulgated by the central competent authority.
Unless otherwise approved by the competent authority, change in
any of the registered material facts under the preceding paragraph
shall not be permissible.
Upon any change in the standard specifications of an agro-pesticide,
the registrant of the related pesticide permit shall, within six
months after the change, be filed for the alteration of the
registration.
Article 16
An agro-pesticide permit shall be valid for five years. An
application for extension of said validity may be filed with the
central competent authority within six months of the expiration；
provided each extension shall not exceed five years.
Inspection of agro-pesticide standard specifications may be
waived with respect to the application for extension under the
preceding paragraph.
After the enforcement of the amendment of this Act, December nine,
2014, for five years, agro-pesticide obtained approval for
registration more than 15 years shall provide toxicity test report
prescribed in Article 10 when applying for extension of permit
validation. However, some items of the report shall be exempted,
if they had been provided when registered.
The regulations governing the application for, issuance,
re-issuance, exchange, extension, and alteration of the registered
affairs of agro-pesticide permit referred to in Paragraph One as
well as the relevant affairs shall be established by the central
competent authority.
Article 17
If an agro-pesticide manufacturer or importer uses fake data or
certificates to apply for approval and registration of
agro-pesticide, extension of permit or alteration of registration
,the central competent authority shall not approve such
application; if approved, shall revoke the agro-pesticide permit.
In case of severe violation referred to in the preceding paragraph
,the central competent authority shall not receive re-applications
filed by the violator within two years from the day when the
application is not approved or the permit is revoked.
Article 18
The central competent authority may perform safety assessment
over the registered agro-pesticides; if an agro-pesticide endangers
the health of human body or pollutes the environment,restrict the
use or its scope of application according to the actual necessity;
or declare it to be prohibited agro-pesticides and abolish the
agro-pesticide permit.
The central competent authority may perform effect assessment over
the use and scope of registered agro-pesticides; if the effect is
not obvious and there is no safety problems mentioned in the
preceding paragraph, may make a public notice to restrict the use
and scope of application in whole or in part.
For the agro-pesticides the permit of which is abolished or the
use and scope of which are restricted as prescribed in the
preceding two paragraphs, if it is proven by scientific method
that the reason for abolishment or restriction has been
eliminated,the central competent authority may make a public
notice to recover the registration or cancel the restriction.
Article 19
If the permit of an agro-pesticide is abolished or revoked under
this Act, the central competent authority may order the
manufacturers or dealers to call back or destroy the said
agro-pesticide within a specified time limit.
Chapter III. Manufacturing, Import and Export
Article 20
An agro-pesticide manufacturer shall establish an agro-pesticide
factory. In addition to the factory registration to be obtained
in accordance with the applicable laws and regulations, the
factory established shall satisfy the agro-pesticides factory
establishment criteria.
The agro-pesticide factory establishment criteria under the
preceding paragraph, including the workshop, warehouse,
production equipment, testing equipment, pollution control
equipment, safety and health facilities, the qualifications of
full-time technicians, as well as other relevant matters, shall
be prescribed by the central competent authority in concert with
the Ministry of Economic Affairs, Ministry of Labor and the
Environmental Protection Administration of the Executive Yuan.
Article 21
An agro-pesticide factory, the establishment of which has been
duly approved, may apply to purchase the raw materials required
for test-run purposes after orders for machinery and equipment
have been placed.
Article 22
Unless under the approval of the central competent authority,
an agro-pesticide manufacturer shall not authorize or accept
the authorization to process the formulated agro-pesticides.
The central competent authority shall prescribe the regulations
governing the qualifications of the consignor and consignee as
well as other relevant matters.
Article 23
The client shall submit to central competent authority for the
approval of the entrusted repackaging of formulated
agro-pesticides. The trustee shall be in possession of equipment
for producing agro-pesticides of the same formulation.
If the approved entrusted repackaging contract is expired or
terminated during the entrusted repackaging period, the client
shall report to the central competent authority to abolish the
approval of the entrusted repackaging.
The agro-pesticide label shall be changed after the first and
preceding paragraphs matters have occurred.
Article 24
With the approval of the central competent authority, the
following agro-pesticides may be exempted from the restrictions
prescribed in Article 9:
1. Those dedicated for experimental research, educational
demonstration or emergency prevention.
2. Those imported for manufacturing, processing, repackaging and
other related procedures dedicated for exporting.
3. Those manufactured or processed exclusively for exporting.
The agro-pesticides listed in the preceding paragraph must not be
sold in Taiwan or used for other purposes. However, this shall
not apply if such ago-pesticides are sold in Taiwan for emergency
prevention.
The regulations governing the application for, examination and
other relevant matters of the agro-pesticides listed in the first
paragraph shall be prescribed by the central competent authority.
Article 25
Only the agro-pesticide manufacturers may apply for import of
technical grade agro-pesticides.
The technical grade agro-pesticides imported with approval shall
be self-use only and must not be transferred, unless otherwise
approved by the central competent authority.
Chapter IV. Sale and Use
Article 26
An agro-pesticide dealer shall designate full-time managers and
before proceeding to do business, first apply to the local
municipality or county/city competent authority for issuing an
agro-pesticide dealer's license.
The above mentioned license shall be valid for five years. An
application for extension of said validity shall be filed with
local municipality or county/city competent authority before one
month of the expiration; provided each extension shall not
exceed five years. Failure to make an application for
authorization within the time limit or the application is
rejected shall apply for issuing a new license.
The relevant autonomous regulations governing the application,
issuance, re-issuance, exchange, extension, abolishment,and
alteration under the first and preceding paragraph shall be
prescribed by the corresponding municipal or county/city
competent authority.
The regulations governing the training and qualification
requirements of the managers under the first paragraph, the
acquisition, revoking and limitation of re-application of their
certificates and other relevant matters shall be prescribed by
the central competent authority.
The licenses, issued prior to enforcement of the amendment of
this Act, December nine, 2014, shall subject to Paragraph 2 to
apply for extension within two years.
Article 27
An agro-pesticide dealer's license shall specify the following:
1. Name of the agro-pesticide dealer.
2. Address of business place.
3. Name of responsible person.
4. Category of business.
5. Other matters promulgated by the competent authority.
Article 28
Technical grade pesticides shall be sold only to agro-pesticide
manufacturers.
Article 29
An agro-pesticide dealer shall observe the following provisions:
1. Hang the agro-pesticide dealer's license visibly in the
business place.
2. Do not sell formulated agro-pesticides outside the business
premise.
3. Do not sell formulated agro-pesticides with the original
package unsealed.
4. Do not sell agro-pesticides without labelling.
5. Separate agro-pesticides from others if the dealer also sells
other goods.
6. Prepare books of account or adopt other manner promulgated by
the central competent authority to record the name, address,
age and contact of the buyers and the quantity they buy, and
keep such books for three years.
7. Do not sell to children and juveniles under 18 years.
8. Ask the buyer’s purpose for buying such agro-pesticide; do
not sell if the use or its scope is other than approved and
registered.
9. Provide certificate of sale recording the item, quantity,
application scope, buyer and seller to the buyer.
10. Recycle pesticide waste containers and deliver to clean and
manage by environmental protection related laws.
Article 30
An agro-pesticide dealer shall, upon closedown of business or
alteration of registered affairs, make a report to the local
municipal or county/city competent authority for inspection
within 30 days after closedown or alteration.
For an agro-pesticide dealer who suspends operation for not less
than one year or closes down, the agro-pesticide dealer's license
shall be revoked. However, this is not applicable if the dealer
suspends with due reasons and is approved by the competent
authority.
Article 31
The names of highly toxic formulated agro-pesticides and the
qualifications for buyer shall be promulgated by the central
competent authority.
The competent authority may appoint an agro-pesticide dealer
registered according to the first subparagraph of Article 26
to engage in the business as a wholesaler or retailer of
highly toxic formulated agro-pesticides.
Article 32
A dealer of highly toxic formulated agro-pesticides shall
observe the following provisions:
1. Do not sell any buyer who fails to meet the qualifications
promulgated under the first paragraph of the preceding Article.
2. Store such agro-pesticides safely in dedicated cabinets locked.
Article 33
The users of agro-pesticide shall use the agro-pesticides
approved by the central competent authority.
Before appealing on the market, if the crop or its product’s
pesticide residue exceed the standard stipulated by health
competent authority, the crop or its product shall appeal on the
market when it has been re-examined or re-inspected and is
determined to be up to the standard.
For the safety of human body, environmental protection and
ecological conservation, the central competent authority shall
establish regulations governing the use of agro-pesticides,
selective inspection of agro-pesticide residue in agricultural
products and other relevant matters.
Article 34
The agro-pesticide spraying service providers shall register
with the local municipal or county/city competent authority.
The service provider under the preceding paragraph shall
designate technicians qualified in the training on the use of
agricultural agro-pesticides to spray agro-pesticides for others;
the regulations governing the training shall be prescribed by the
central competent authority.
Chapter V. Supervision, Inspection, Crackdown and Encouragement
Article 35
An agro-pesticide manufacturer or dealer shall maintain books of
account to record the quantity and trading counterparts of
agro-pesticides produced, imported, purchased and sold and shall
make them available to the competent authority for inspection.
The books of account under the preceding paragraph shall be
preserved for three years and reported to competent authority.
Central competent authority shall promulgate the format, content,
frequency and manner of the report.
Article 36
An agro-pesticide manufacturer or dealer shall neither produce or
offer for sale any agro-pesticides beyond the scope of registration,
nor engage in misrepresented, exaggerated or improper promotion or
advertisement.
Before proceeding to publish or run an advertisement,
an agro-pesticide manufacturer or dealer shall submit all the
written words, pictures or oral statements to the central competent
authority for approval and provide the written approval to the
advertising agency for verification.
The regulations governing the application for and examination of
the agro-pesticide advertisement under the preceding paragraph
and other relevant matters shall be prescribed by the central
competent authority.
Article 37
The non-controlled agro-pesticides promulgated by the central
competent authority are not applicable to this Act. However,
there shall be no misrepresentation or exaggeration in the
labelling, promotion or advertisement of such agro-pesticides.
Article 38
No agro-pesticides shall be labelled, promoted or advertised as
those with the efficacy of agro-pesticides if they are not as
defined herein.
Article 39
Attention shall be paid to the safety of transportation and
warehouse storage of agro-pesticides; the regulations governing
the transportation and warehouse storage and other relevant
matters shall be established by the central authority in concert
with the Ministry of Transportation and Communications.
Article 40
The competent authority may assign agro-pesticide inspectors to
enter the place of business or warehouse of an agro-pesticide
manufacturer or dealer and other places where agro-pesticides
are manufactured, processed and repackaged to carry out
inspection, and may order the manufacturer or dealer to provide
the inspectors with a business report.
The regulations governing the contents selective inspection,
re-inspection, sealing-upon and other relevant matters of the
agro-pesticide inspection under the preceding paragraph shall be
prescribed by the central competent authority.
Article 41
In performing the duties under the first paragraph of the
preceding Article, an agro-pesticide inspector shall show his/her
identification certificate, and shall pay for any samples taken
at random.
Article 42
Any and all suspicious prohibited, counterfeit or inferior
agro-pesticides shall be first sealed upon being discovered if taking
of random samples is required for examination purposes, and shall
then be safeguarded by the manufacturer after signing an affidavit;
the manufacturer must not refuse to do so.
Samples taken according to the preceding paragraph shall be
examined and disposed as soon as possible, i.e. no more than two
months of the date on which the agro-pesticides are discovered.
However, where the period of examination and disposal needs to be
extended for the necessity of inspection, a written notice
stating the cause and period of extension shall be given to the
manufacturer before the said period expires.
Article 43
For those who inform the competent authority of the existence of
prohibited, counterfeit or inferior agro-pesticides or assist
the competent authority in discovering such agro-pesticides, the
competent authority shall not only keep in confidence the name
and identification of the informer or assistant, but also pay
rewards to the informer or assistant in accordance with the
regulations established by the central competent authority.
Article 44
The competent authority may appraise the agro-pesticide
manufacturers or dealers periodically and encourage those who are
highly recognized in the appraisal.
The regulations governing the appraisal and encouragement under
the preceding paragraph shall be prescribed by the central
competent authority.
Chapter VI. Penal Provisions
Article 45
Whoever is guilty of manufacturing, processing, repackaging or
importing prohibited agro-pesticides shall be punished by way of
imprisonment for not less than one year and not more than seven
years, and a fine of not more than NT$ 600,000 may be imposed.
Whoever is guilty of attempting to commit the offense under the
preceding paragraph shall be punished.
Article 46
Whoever is guilty of dealing or for the intention of dealing,
displaying or storing prohibited agro-pesticides shall be
punished by way of imprisonment for not less than six months
and not more than five years, and a fine of not more than
NT$ 500,000 may be imposed.
Whoever is guilty of committing the offense under the preceding
paragraph due to negligence shall be punished by way of
imprisonment or custody for not more than one year misfeasance
or a fine of NT$ 300,000.
Article 47
Whoever is guilty of manufacturing, processing, repackaging or
importing counterfeit agro-pesticides under Subaragraph 1 of
Article 7 shall be punished by way of imprisonment for not less
than six months and not more than five years, and a fine of not
less than NT$1,000,000 and not more than NT$5,000,000 shall be
imposed.
Whoever is guilty of attempting to commit the offense under the
preceding paragraph shall be punished.
Article 48
Whoever commits any of the following shall be punished by way of
imprisonment for not more than three years and a fine of not more
than NT$ 500,000 shall be imposed:
1. Displays or stores for selling or attempted selling what he
knows are counterfeit agro-pesticides under Subaragraph 1 of
Article 7;
2. Sells the agro-pesticides dedicated for processing and
exporting under Subparagraphs 2 and 3, Paragraph 1 of Article
24 or the agro-pesticides dedicated for exporting under
Subparagraph 3 in Taiwan or uses them for other purposes.
Whoever is guilty of committing the offense under the preceding
paragraph due to negligence shall be punished by way of custody
and a fine of not more than NT$ 250,000 shall be imposed.
Article 49
Whoever is the representative of a juristic person or an agent,
employee or otherwise of a juristic person or natural person
shall be punished as the wrongdoer if he or she violates Article
45 to the preceding Article in the course of performing his or
her duties. In addition, said juristic or natural person shall
be punished with the fine provided in said Articles.
Article 49-1
Whoever is guilty of manufacturing, processing, repackaging or
importing counterfeit agro-pesticides under Subparagraphs 2, 3
and 5 of Article 7 shall be punished by way of a fine of not
less than NT$ 300,000 and not more than NT$ 3,000,000.
Article 50
Whoever is guilty of manufacturing, processing, repackaging or
importing counterfeit agro-pesticides under Subparagraph 1 of
Article 8 shall be punished by way of a fine of not less than
NT$ 60,000 and not more than NT$ 600,000.
Article 50-1
Whoever is guilty of dealing or for the intention of dealing,
displaying or storing counterfeit agro-pesticides under
Subparagraphs 2 to 5 of Article 7 shall be punished by way of
a fine of not less than NT$ 50,000 and not more than NT$ 500,000.
Article 51
Whoever is guilty of manufacturing, processing, repackaging or
importing counterfeit agro-pesticides under Subparagraph 3 of
Article 8 shall be punished by way of a fine of not less than
NT$ 30,000 and not more than NT$ 300,000.
Article 52
Whoever commits any of the following shall be punished by way of
a fine of not less than NT$ 20,000 and not more than NT$ 200,000:
1. Displays or stores for selling or in an attempt to sell
counterfeit agro-pesticides as he or she knows the
agro-pesticides are counterfeit;
2. Violates the provision of Article 14;
3. Violates the provision of Article 19, Article 23, Paragraph 1
of Article 26, Article 28, Subparagraphs 1~4 of Article 29,
Article 32, Paragraphs 1 and 2 of Article 36, Article 37 or
Article 38;
4. Violates the establishment standards for agro-pesticide
factories prescribed in Paragraph 2 of Article 20;
5. Violates the relevant provisions on the entrusted processing
of formulated agro-pesticides in the regulations referred to
in Paragraph 2 of Article 22;
6. Violates the relevant provisions on the publishing or
advocacy of agro-pesticide advertisement prescribed in
Paragraph 3 of Article 36;
7. Violates the relevant provisions on the inspection of
agro-pesticides in the regulations referred to in Paragraph
2 of Article 40; or
8. Without due reasons, refuses inspectors to check according to
the provision of Paragraph 1 of Article 40 or refuses to
produce affidavit according to the provision of Paragraph 1
of Article 42.
Upon the occurrence of the situation described in Subparagraph
4 or 5 of the preceding paragraph, the competent authority shall,
in addition to the punishment under the preceding paragraph,
notify the offender to take corrective action within a prescribed
time limit. If corrective action is not taken within the
prescribed time limit, the competent authority may suspend the
offender's manufacturing or processing either in whole or in part.
Article 53
A punishment by way of fine ranging from 15,000 to 150,000 yuan
shall be imposed on whoever:
1. Offers over-the-counter agro-pesticides for wholesale to a
dealer not duly registered or designated according to this
Act or；
2. Violates the Paragraph 2 of Article 25, the Suparagraphs 5
to 9 of Article 29, Paragraph 1 of Article 30, Paragraphs 1
and 2 of Article 33, or Articles 34 or 35;
3. Sells out any agro-pesticides designated for experimental
research or educational demonstration under Subparagraph 1,
Paragraph 1 of Article 24 in Taiwan;
4. Uses any agro-pesticides designated for experimental
research, educational demonstration or emergency prevention
under Subparagraph 1, Paragraph 1 of Article 24 for other
purposes;
5. Violates the relevant provisions on the use of
agro-pesticides in the regulations referred to in Paragraph 3
of Article 33; however, if applier violates the relevant
provisions on the use and scope but fulfils the residues
standards of health competent authority, competent authority
shall mandate the applier to attend agro-pesticides safety
use lesson. The fine shall be imposed when the applier
violates again or refuse to attend the lesson; or
6. Violates the provisions on the transportation and storage of
agro-pesticides in the regulations referred to in Article 39.
The promotion period is one year after enforcement of the
amendment of this Act, December nine, 2014. The violator shall
not be imposed with the fine stipulated under Subparagraph 9 of
previous paragraph during the period, and the competent
authority shall strengthen promotion.
Violates the agro-pesticides residue standard stipulated under
Paragraph 3 of Article 33 shall not be imposed with the fine,
if it has been regarded by the competent authority as polluted
by neighbor farms and been re-examined up to the standard.
Article 53-1
When violates the act, competent authority may publicly announce
the name of manufacturer or dealer, name of person, address,
violation product and situation.
Article 54
If an agro-pesticide manufacturer or dealer commits violation of
this Act again even after having been punished by way of
imprisonment or fine, the competent authority shall have the
authority to revoke the relevant permit or license which has
been issued to the manufacturer or dealer.
Applications for agro-pesticide permit or dealer's license filed
by agro-pesticide manufacturer or dealer whose permit or license
is abolished under the preceding paragraph shall be rejected by
the competent authority within two years from the date of
abolishment.
Article 55
Any of the following shall be confiscated no matter who owns them:
1. Prohibited agro-pesticides or counterfeit agro-pesticides
seized under this Act;
2. Inferior agro-pesticides seized under this Act;
3. Appliances and/or raw materials used for the manufacturing,
processing or repackaging of prohibited agro-pesticides or
counterfeit agro-pesticides defined in Subparagraph 1 of
Article 7;
4. Goods violating the provision of Article 19, Article 37 or
Article 38, the agro-pesticide, labelling, propaganda or
advertising thereof has the effect of agro-pesticides.
The regulations governing the disposal of goods confiscated under
the preceding paragraph shall be prescribed by the central
competent authority.
Article 56
Where it is necessary to appropriately dispose the agro-pesticides,
appliances, raw materials and goods confiscated under this Act,
the expenses of disposal shall be burdened by the punished.
Article 57
The fines prescribed herein shall be imposed by the municipal
or county (city) competent authority.
Chapter VII. Supplementary Provisions
Article 58
The Enforcement Regulations of this Act shall be established by
the central competent authority.
Article 59
This Act shall become effective as of the date of its being
promulgated. |