| Legislative： |
1. Promulgated on January 6, 1972.
2. Amendment to Articles 2~4, 14, 15, 22, 25, 29, 32, 43~46, 48,
49, 52, 53 and addition of 5-1 and deletion of Article 50
promulgated on December 5, 1983.
3. Amendment to Articles 2, 16, 48 promulgated on May 5, 1986.
4. Amendment to Articles 6, 7, 14, 16, 27, 44, 46~48, 52, 53 and
addition of Article 29-1 promulgated on December 5, 1988.
5. Amendment to Articles 2, 21, 22, 29, 30 promulgated on June
19, 2002.
6. Amendment to Articles 13, 48 and addition of Articles 11-1,
11-2, 12-1, 13-1, 14-1, 21-1, 22-1, 40-1 promulgated on
December 18, 2002.
7. Amendment to all Articles promulgated on July 18, 2007.
8. Amendment to Articles 7, 16, 20, 23, 24, 26, 29, 32, 35, 47,
48, 53 and addition of Articles 49-1, 50-1, 53-1 promulgated
on December 24, 2014.
9. Amendment to Articles 45 and 46 promulgated on December 9,
2015.
10.Amendment to Articles 10 and 59 promulgated on May 23, 2018.
The announcement was made on July 27, 2023 by the Executive
Yuan Order tai-gui-zi No. 1125014346. The relevant matters set
out in Article 2, Article 3, Item 4 of Subparagraph 2, Subparagraph
3 of Article 5, Article 6, Subparagraph 2 of Article 7, Article
9, Subparagraphs 4,5 of Paragraph 3, Paragraph 4 of Article 10,
Article 11, Article 12, Article 13, Article 14, Subparagraph
5 of Paragraph 1, Paragraph 2 of Article 15, Paragraphs 1,4 of
Article 16, Article 17, Article 18, Article 19, Paragraph 2 of
Article 20, Article 21, Article 22, Paragraph 1,2 of Article 23,
Paragraph 1,3 of Article 24, Paragraph 2 of Article 25, Paragraph
4 of Article 26, Subparagraph 5 of Article 27, Subparagraph 6
of Article 29, Paragraph 2 of Article 30, Article 31, Paragraph
1,3 of Article 33, Paragraph 2 of Article 34, Article 35,
Paragraph 2,3 of Article 36, Article 37, Article 39, Article
40, Article 43, Article 44, Paragraph 2 of Article 52,
Subparagraph 5 of Paragraph 1, Paragraphs 2,3 of Article 53,
Article 53-1, Article 54, Paragraph 2 of Article 55, Article
58 pertaining to“Council of Agriculture, Executive Yuan”shall
be handled by“Ministry of Agriculture”as governing body,
effective August 1, 2023. |
| Content： |
Chapter 1 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
Competent authorities as referred to in this Act:
At the central government level: the Council of Agriculture,
Executive Yuan; at the special municipal level: the government
of the special municipality; and at the county (city) level: the
government of the county (city).
Article 3
The matters governed by the central competent authority are as
follows:
1.Planning, compiling, supervising, and implementing national
agro-pesticide administration policies, schemes, and plans.
2.Enacting (formulating), reviewing, interpreting, and implementing
national agro-pesticide administration laws and regulations.
3.Researching, developing, and advocating agro-pesticide
administration.
4.Training and governing national agro-pesticide manager.
5.Supervising national agro-pesticide administrative affairs.
6.Coordinating or implementing of national agro-pesticide
administration.
7.International cooperation and technical exchange pertaining to
agro-pesticide administration.
8.Other matters related to national agro-pesticide administration.
Article 4
The matters governed by the special municipal or county (city)
competent authority are as follows:
1.Planning and implementing schemes and plans regarding agro-pesticide
administration in the area under its jurisdiction.
2.Implementing of agro-pesticide administration laws and regulations,
as well as enacting (formulating), interpreting, and implementing
self-government regulations on agro-pesticide administration in
the area under its jurisdiction.
3.Researching, developing, and advocating agro-pesticide
administration in the area under its jurisdiction.
4.Analyzing and reporting data 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 defined as follows:
1.Agro-pesticide means formulated agro-pesticides and technical
grade agro-pesticides.
2.Formulated agro-pesticide means 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 agro-pesticide means any and all active ingredients
or raw materials used for the manufacturing of formulated
agro-pesticides specified in the Subparagraphs of the preceding
Paragraph. However, any and all technical grade agro-pesticides
shall be deemed formulated agro-pesticides if they can be directly
used for any of the purposes specified in the preceding Paragraph
and are approved and promulgated by the central competent authority.
4.Labelling means the illustrative text, patterns, or marks on the
container, packaging, or enclosed specification of agro-pesticides.
5.Agro-pesticide manufacturers means 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 may
also engage in the retail of their own products.
6.Agro-pesticide dealers means those engaged in the wholesale,
retail, import, and export of agro-pesticides.
7.Manufacturing means the process of producing raw materials into
technical grade agro-pesticides.
8.Processing means 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"
refers to any and all agro-pesticides prohibited by the central
competent authority 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"
means any agro-pesticides are found to fall within any of the
following situations:
1.Agro-pesticides manufactured, processed, or 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 prescribed 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; or
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"
means registered agro-pesticides are found to fall within any of
the following situations:
1.The content of the active ingredients does not conform to the
standard specifications prescribed;
2.The validity of the agro-pesticides has expired; or
3.The quality other than the content of the active ingredients
specified in Subparagraph 1 does not conform to the standard
specifications prescribed.
Chapter 2 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 exempted from registration agro-pesticides.
Article 10
When the agro-pesticide manufacturers and dealers apply for approval
of registration for formulated agro-pesticides under specified in
the preceding Article, the applicants shall fill in the application
form, attach the certification documents that the agro-pesticides
passed the tests of standard specifications prescribed, and submit
the data of physicochemical and toxicological tests, field trials,
and other relevant documents.
In the following period, the data in the preceding Paragraph shall
not be cited by other applicants without receiving the approval of
the data holder for use of the test data.
1.For a product that has a new active ingredient which has previously
obtained approval for registration, a period of ten years starting
from the date of approval for registration.
2.For a product that has a new or changed content or formulation
that has previously obtained approval for registration, a period
of seven years starting from the date of approval for registration.
3.For a product that has new scope of application that has previously
obtained approval for registration, a period of four years starting
from the date of approval for registration.
When the agro-pesticide manufacturers and dealers apply for approval
of registration for formulated agro-pesticides, if one of the
following conditions applies, all or a portion of the test data
mentioned in Paragraph 1 may be exempted from submission.
1.After the expiration of the period stipulated in the preceding
Paragraph, when applying for approval of registration with the
same active ingredient, formulation, content, or the scope of
application of the registered agro-pesticide, all or a portion
of the data of the field trials and toxicological test may be
exempted from submission.
2.Under the permission of data holder for the use of test data
during the period in the preceding Paragraph, when applying for
approval of registration with the same active ingredient,
formulation, content, or the scope of application of the registered
agro-pesticide, all data of the field trials and toxicological
test may be exempted from submission.
3.When applying for registration approval for technical grade
agro-pesticides, the data of the field trials may be exempted
from submission.
4.The field trials may be exempted if a registered formulated
agro-pesticide had previously applied for the permit of a
comparatively safer new formulation and was approved by the
central competent authority.
5.All or a portion of the data of the toxicological test may be
exempted when applying for approval of registration for formulated
agro-pesticide considered to be safe or has a low risk of
application and was approved by the central competent authority.
The directions for the standard specifications, physicochemical
property test, toxicological test, and field trials under Paragraph
1 shall be prescribed by the central competent authority.
Article 11
For the purpose of solving the lack of preventive agro-pesticides
for the pests of minor crops, the competent authority may carry
out the field trials for the new use and application of agro-pesticides,
and extend the use according to the actual circumstances; the
conducting procedures shall be promulgated by the central competent
authority.
Article 12
The inspection of agro-pesticide on standard specifications shall
be promulgated by the central competent authority; if the analytical
method of inspection is not promulgated, a feasible method in
current use shall be applied.
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 agro-pesticide labelling shall be approved
by the central competent authority at first, and after such a change
occurs, the original labelling shall be replaced within six months.
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 information:
1.Permit number, date of registration, and period of validity;
2.Personal/business name and address of the manufacturer or dealer,
name of the responsible person, and name and address of the
original manufacturer overseas;
3.Common name, manufacturer brand, type of formulation, and physical
properties of the agro-pesticide as well as description and
percentage of active ingredients and other ingredients thereof;
4.Application method of the agro-pesticide and its scope; and
5.Other matters promulgated by thecentral 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 agro-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 an extension of said validity may be filed with the central
competent authority within six months before the expiration,
provided each extension shall not exceed five years.
Inspection of the agro-pesticide on 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, on December
9, 2014, five years thereafter, the agro-pesticides obtained
approval for registration more than fifteen 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, and other relevant affairs specified in
Paragraph 1 shall be prescribed 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-pesticides,
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 the preceding Paragraph,
the central competent authority shall not receive re-applications
filed by the violator within two years from the date 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 human health or pollutes the environment, the central competent
authority shall announce restrictions on its usage or its scope
of application according to the actual necessity or declare it to
be prohibited agro-pesticide and annul 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 are no safety problems mentioned in the
preceding Paragraph, the central competent authority 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 annulled or the
use and scope of which are restricted as specified in the preceding
two Paragraphs, if it is proven by scientific method that the
reason for annulment 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 annulled or revoked in
accordance to this Act, the central competent authority may
order the manufacturers or dealers to recall or destroy the said
agro-pesticide within a specified time limit.
Chapter 3 Manufacturing, Import and Export
Article 20
An agro-pesticide manufacturer shall establish an agro-pesticide
factory that complies with agro-pesticides factory establishment
standards and registers the factory in accordance with the relevant
laws and regulations.
The agro-pesticide factory establishment standards specified in
the preceding Paragraph, including the factory building, 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 jointly by the central competent authority 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 regulations governing the qualifications of the consignor and
consignee as well as other relevant matters mentioned in the
preceding Paragraph shall be prescribed by the central competent
authority.
Article 23
To entrust the repackaging of formulated agro-pesticides, the
entrusting party shall apply to the central competent authority
for approval. 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 entrusting
party shall report to the central competent authority to annul
the approval of the entrusted repackaging.
For agro-pesticides approved or annulled in accordance with
Paragraph 1 and the preceding Paragraph, the agro-pesticide label
shall be changed.
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 domestically or used for other purposes. However, this shall
not apply if such ago-pesticides are sold domestically for emergency
prevention.
The regulations governing the application, review, and other
relevant matters of the agro-pesticides listed in Paragraph 1
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 4 Sales and Use
Article 26
An agro-pesticide dealer shall designate full-time managers before
proceeding to do the business and shall apply to the local special
municipality or county (city) competent authority for issuing an
agro-pesticide dealer's license.
The license mentioned in the preceding Paragraph shall be valid
for five years. An application for extension of said validity shall
be filed with local special 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 self-government regulations governing the application,
issuance, re-issuance, exchange, extension, abolishment, and
alteration under the preceding 2 paragraphs
shall be prescribed by the corresponding special municipal or
county (city) competent authority.
The regulations governing the training and qualification requirements
of the managers under Paragraph 1, as well as the acquisition,
annulment, and restrictions of re-application of their certificates,
and other relevant matters shall be prescribed by the central
competent authority.
Those who have obtained an agro-pesticide sales license before
the implementation of the amended provisions of this Act on
December 9, 2014, shall, within two years from the date of
implementation of this amended Act, comply with the provisions
stipulated in Paragraph 2.
Article 27
An agro-pesticide dealer's license shall specify the following
information:
1.Name of the agro-pesticide dealer;
2.Address of the business place;
3.Name of the responsible person;
4.Category of the business; and
5.Other matters promulgated by the competent authority.
Article 28
Technical grade agro-pesticides shall be sold only to agro-pesticide
manufacturers.
Article 29
An agro-pesticide dealer shall comply with 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 or markings affixed
or printed.
5.Display or store agro-pesticides separately 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 purchaser as well as the name and quantity
of agro-pesticides purchased, and keep such records for three
years.
7.Do not sell to children and juveniles under 18 years old.
8.Ask the purchaser's purpose for buying such an agro-pesticide;
do not sell if the use or its application scope is other than
approved and registered.
9.Provide certificate of sale recording the item, quantity,
application scope, purchaser, and the agro-pesticides seller
to the purchaser.
10.Recycle and manage agro-pesticide waste containers in compliance
with relevant environmental protection regulations.
Article 30
An agro-pesticide dealer shall, upon closedown of the business or
alteration of registered affairs, file a report to the local special
municipal or county (city) competent authority for reference within
thirty days after closedown or alteration.
For an agro-pesticide dealer who ceases operation for more than
one year or closes down, the agro-pesticide dealer's license shall
be revoked. However, if the closure is justified and approved by
the competent authority, this provision does not apply.
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 Paragraph 1 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 comply
with the following provisions:
1.Do not sell any purchaser who fails to meet the qualifications
promulgated under Paragraph 1 of the preceding Article.
2.Store such agro-pesticides safely in designated cabinets with
locks.
Article 33
The users of agro-pesticides shall use the agro-pesticides approved
by the central competent authority.
Before appealing on the market, if the crop or its product's
agro-pesticide residue exceed the Maximum Residue Limits (MRLs)
promulgated by the health competent authority, the crop or its
product shall appeal on the market when it has been re-examined
or re-inspected to ensure compliance.
For the safety of human health, environmental protection, and
ecological conservation, the central competent authority shall
prescribe regulations governing the use of agro-pesticides,
selective inspection methods of agro-pesticide residues in
agricultural products, and other relevant matters.
Article 34
The agro-pesticide spraying service providers shall register with
the local special municipal or county (city) competent authority.
The service provider mentioned in the preceding Paragraph shall
designate technicians qualified in the training on the use of
agro-pesticides and to provide agro-pesticides spraying service
for others; the regulations governing the training shall be
prescribed by the central competent authority.
Chapter 5 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 mentioned in the preceding Paragraph shall
be preserved for three years and regularly reported to the competent
authority. The 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-pesticide beyond the scope of registration,
nor engage in fake, exaggerated, or improper marketing, 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 and review of the
agro-pesticide advertisement mentioned in the preceding Paragraph
and other relevant matters shall be prescribed by the central
competent authority.
Article 37
The agro-pesticides exempted from registration promulgated by the
central competent authority are not subject to the provisions this
Act. However, the labelling, promotion, or advertising of such
agro-pesticides shall not contain false or exaggerated claims.
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 within this Act.
Article 39
Attention shall be paid to the safety of transportation and
warehouse storage of agro-pesticides; the regulations governing
the transportation, warehouse storage, and other relevant matters
shall be prescribed by the central competent authority in concert
with the Ministry of Transportation and Communications.
Article 40
The competent authority may dispatch 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 inspections,
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 inspections under the preceding Paragraph shall
be prescribed by the central competent authority.
Article 41
In performing the duties under Paragraph 1 of the preceding Article,
agro-pesticide inspectors shall provide documents proving their
authority or display identifiable badges, 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 seized.
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 prescribed by the central competent authority.
Article 44
The competent authority may appraise the agro-pesticide manufacturers
or dealers periodically and reward those who are highly recognized
in the appraisal.
The regulations governing the appraisal and rewards under the
preceding Paragraph shall be prescribed by the central competent
authority.
Chapter 6 Penal Provisions
Article 45
Any person who commits to manufacturing, processing, repackaging,
or importing prohibited agro-pesticides shall be sentenced to
imprisonment for more than 1 year but less than 7 years and
subjected to a fine of more than 7,500,000 New Taiwan Dollars but
less than 1,500,000 New Taiwan Dollars.
Any person who attempts to commit the offense under the preceding
Paragraph shall be punished.
Article 46
Any person who sells or intends to sell prohibited agro-pesticides
by displaying or storing them shall be sentenced to imprisonment
for more than six months but less than five years and subjected
to a fine of more than 5,000,000 New Taiwan Dollars but less than
1,000,000 New Taiwan Dollars.
Any person who commits the offense stipulated in the preceding
Paragraph due to negligence shall be sentenced to imprisonment
for less than one year or detention, and/or a fine of less than
500,000 New Taiwan Dollars.
Article 47
Any person who commits to manufacturing, processing, repackaging,
or importing counterfeit agro-pesticides under Subparagraph 1 of
Article 7 shall be sentenced to imprisonment for more than six
months but less than five years and subjected to a fine of more
than 1,000,000 New Taiwan Dollars but less than 5,000,000 New
Taiwan Dollars.
Any person who attempts to commit the offenses under the preceding
Paragraph shall be punished.
Article 48
Any person who commits any of the following offenses shall be
sentenced to imprisonment for not more than three years and
subjected to a fine of not more than 500,000 New Taiwan Dollars:
1.Displaying or storing of counterfeit agro-pesticides as specified
in Subparagraph 1 of Article 7, for selling or attempting to
sell.
2.Selling domestically or diverting the use for other purposes
the agro-pesticides specific for exporting as stipulated in
Subparagraphs 2 or 3, Paragraph 1 of Article 24.
Any person negligently committing the offense as stipulated in
the preceding Paragraph shall be sentenced to detention and
subjected to a fine of not more than 250,000 New Taiwan Dollars.
Article 49
If the representative of a juridical person, or an agent, employee,
or other staff of a juridical person or natural person commits an
offense under Article 45 to the preceding Article in the course
of performing his or her duties, in addition to the punishment of
the perpetrator, a fine specified in each Article shall also be
imposed on the juridical person or natural person.
Article 49-1
Any person who commits to manufacturing, processing, repackaging,
or importing counterfeit agro-pesticides under Subparagraphs 2, 3,
and 5 of Article 7 shall be subjected to a fine of more than 300,000
New Taiwan Dollars but less than 3,000,000.
Article 50
Any person who commits to manufacturing, processing, repackaging,
or importing counterfeit agro-pesticides under Subparagraph 1 of
Article 8 shall be subjected to a fine of more than 60,000 New
Taiwan Dollars but less than 600,000 New Taiwan Dollars.
Article 50-1
Any person who sells or intends to sell counterfeit agro-pesticides
by displaying or storing under Subparagraphs 2 to 5 of Article 7
shall be subjected to a fine of more than 50,000 New Taiwan Dollars
but less than 500,000 New Taiwan Dollars.
Article 51
Any person who commits to manufacturing, processing, repackaging,
or importing counterfeit agro-pesticides under Subparagraph 3 of
Article 8 shall be subjected to a fine of more than 30,000 New
Taiwan Dollars but less than 300,000 New Taiwan Dollars.
Article 52
Any person who commits any of the following offenses shall be
subjected to a fine of more than 20,000 New Taiwan Dollars but
less than 200,000 New Taiwan Dollars:
1.Knowing displayings or storing for sale or intending to sell
inferior agro-pesticides.
2.Violating the provision of Article 14;
3.Violating the provision of Article 19, Article 23, Paragraph 1
of Article 26, Article 28, Subparagraphs 1 to 4 of Article 29,
Article 32, Paragraphs 1 and 2 of Article 36, Article 37, or
Article 38;
4.Violating the establishment standards for agro-pesticide factories
prescribed in Paragraph 2 of Article 20;
5.Violating the relevant provisions on the entrusted processing
of formulated agro-pesticides in the regulations referred to in
Paragraph 2 of Article 22;
6.Violating the relevant provisions on the publishing or advocacy
of agro-pesticide advertisement prescribed in Paragraph Article
36;
7.Violating the relevant provisions on the inspection of agro-pesticides
in the regulations referred to in Paragraph 2 of Article 40; or
8.Without justifiable reasons, refusing inspectors to inspect
according to the provisions of Paragraph 1 of Article 40 or
refusing to produce affidavit according to the provisions 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
Any person who commits any of the following offenses shall be
subjected to a fine of more than 15,000 New Taiwan Dollars but
less than 150,000 New Taiwan Dollars:
1.Offering formulated agro-pesticides for wholesale to a dealer
not duly registered or designated according to this Act;
2.Violating the provisions of Paragraph 2 of Article 25,
Subparagraphs 5 to 9 of Article 29, Paragraph 1 of Article 30,
Paragraphs 1 and 2 of Article 33, Articles 34 or 35;
3.Selling domestically of any agro-pesticides designated for
experimental research or educational demonstration under
Subparagraph 1, Paragraph 1 of Article 24;
4.Using any agro-pesticides designated for experimental research,
educational demonstration, or emergency prevention under
Subparagraph 1, Paragraph 1 of Article 24 for other purposes;
5.Violating the relevant provisions on the use of agro-pesticides
in the provisions referred to in Paragraph 3 of Article 33;
however, if the applier violates the relevant provisions on the
application method and scope but complies with the Maximum
Residue Limits (MRLs) promulgated by the health competent
authority, the competent authority shall mandate the applier to
attend agro-pesticides safety use lessons. Punishment shall be
imposed when the applier violates again or refuses to participate
in the lesson; or
6.Violating the provisions on the transportation and storage of
agro-pesticides stipulated in Article 39.
The promotion period is one year after enforcement of the amendment
of this Act, on December 9, 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 the
promotion.
A violation of the agro-pesticides Maximum Residue Limits (MRLs)
as specified in Paragraph 3 of Article 33 shall not be imposed
with the fine, if it has been determined by the competent authority
as polluted by neighbor farms and been re-examined in compliance
with Maximum Residue Limits (MRLs).
Article 53-1
The competent authority may publish the name of manufacturers,
dealers, personnel names, addresses, products, and situations of
violation the violation that violate the provisions of this Act.
Article 54
If an agro-pesticide manufacturer or dealer commits a violation
of this Act again even after having been punished by way of
imprisonment or fine, the competent authority shall have the
authority to annul 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 annulled in accordance with the preceding Paragraph shall be
rejected by the competent authority within two years from the date
of annulment.
Article 55
If any of the following circumstances occur, regardless of the
ownership, the relevant items shall be confiscated:
1.Prohibited agro-pesticides or counterfeit agro-pesticides seized
in accordance with this Act;
2.Inferior agro-pesticides seized in accordance with this Act;
3.Appliances and/or raw materials used for the manufacturing,
processing, or repackaging of prohibited agro-pesticides or
counterfeit agro-pesticides stipulated in Subparagraph 1 of
Article 7;
4.Violating the provisions of Articles 19, 37, or 38, by claiming
the agro-pesticide, labelling, promotion, or advertising thereof
has the effectiveness 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 in accordance
with this Act, the expenses of disposal shall be borne by the
punished person.
Article 57
The fines stipulated in this Act shall be imposed by the special
municipal or county (city) competent authority.
Chapter 7 Supplementary Provisions
Article 58
The Enforcement Regulations of this Act shall be prescribed by
the central competent authority.
Article 59
This Act takes effect on the date of its promulgation. However,
the date of entering into force of the Articles amended on May 8,
2018 shall be prescribed by the Executive Yuan. |