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Title: Food Administration Act Ch
Date: 2019.07.17
Legislative: 1. Promulgated on May 30, 1997.

2. Amendment to Article 2, Article 10, and Article 11, and
deletion of Article 20, promulgated on May 17, 2000.

3. Amendment of all 24 articles, promulgated on November 7,
2001.

4. Amendment to Article 7 and addition of Article 17-1,
promulgated on June 19, 2002.

5. Amendment to Article 7 and Article 24, and deletion of
Article 17-1, promulgated on December 31, 2002. The
amendments on December 27, 2002 took effect on January 1,
2003.

6. Addition of Article 5-1, promulgated on May 24, 2006.

7. Addition of Article 18-1, deletion of Articles 16, 19, and
20, and amendments to Articles 4, 7, 8, 14, 15, 18, and 22,
promulgated by President Order Hua-Tsung-Yi-Tzu No.
09900317101 on November 24, 2010.

8. Addition of Articles 14-1 and 18-2, deletion of Article 22,
and amendments to Articles 3, 5, 10, 11, 14, 18, 18-1, 21,
and 24, promulgated by President Order Hua-Tsung-Yi-Tzu No.
10300093251 on June 18, 2014.

9. Addition of Articles 15-1 and 18-3, promulgated on July 17,
2019 by President Order Hua-Tsung-Yi-Jing-Tzu No.
10800070511.
Following Executive Yuan Order Tai-Gui-Zi No. 1125014346 issued
on July 27, 2023, authority over matters in the following
provisions of the Act that previously fell under the
jurisdiction of the Council of Agriculture, Executive Yuan, was
transferred to the Ministry of Agriculture on August 1, 2023:
Article 2; Article 3; Subparagraph 4 of Article 4; Article 5;
Article 5-1; Paragraph 1 of Article 6; Article 7; Article 8;
Article 9; Article 10; Paragraphs 2 and 4 of Article 11; Article
12; Article 13; Paragraph 3 of Article 14; Article 15; Article
15-1; Article 17; Article 18; Paragraphs 1 and 2, and
Subparagraph 3 of Paragraph 3 of Article 18-1; Paragraphs 2 and
3 of Article 18-2; Article 21; and Article 23.
Content: Article 1
This Act is enacted to regulate food demand and supply, 
stabilize food prices, improve food quality, and protect the 
interests of producers and consumers. Matters not covered by 
this Act shall be governed by other applicable laws.


Article 2
For the purposes of this Act, "Competent Authority" refers to 
the Council of Agriculture, Executive Yuan.


Article 3
For the purposes of this Act, the term “food” includes rice, 
wheat, flour, mixed grains containing more than 50% rice 
content, as well as certain coarse grains and processed rice 
products that are publicly announced to be regulated by the 
Competent Authority.


Article 4
Definitions of terms used in this Act are as follows:
1.Rice: Paddy, brown rice, milled rice, broken rice, and related 
  rice products.
2.Public food stock: Food owned by the government.
3.Food dealers: Profit-seeking enterprises, farmers’ 
  associations, or cooperatives registered as food dealers 
  pursuant to this Act. 
4.Public food stock agents: Food dealers commissioned by the 
  Competent Authority to handle the acquisition, safekeeping, 
  processing, and distribution of public food stock.
5.Food business activities: Business activities such as the 
  purchase, sale, brokerage, warehousing, processing, 
  importation, and exportation of food.
Market sale: the act of offering merchandise for a price in a 
public place to unspecified people.


Article 5
The Competent Authority shall devise annual plans that encompass 
food production and marketing, food self-sufficiency, and the 
establishment and promotion for Taiwan's food brands to 
stabilize food supply, ensure national food security, and 
promote farmers' income and national agriculture.


Article 5-1
For the security and stability of the food supply, the Competent 
Authority shall stockpile rice based on the average domestic 
consumption of the preceding year. This stockpile must be 
maintained at a level no lower than the safety rice stock level 
sufficient for a designated period, as determined by an order 
promulgated by the Executive Yuan.


Article 6
The Competent Authority shall conduct surveys and compile 
statistics on the production, consumption, costs, and prices of 
major foods. Additionally, it shall establish information on 
farming households and cultivated land. This information will 
serve as the basis for planning the production, marketing, and 
management of foods.
The information on farming households and cultivated land 
mentioned in the preceding paragraph shall include farming households' household registration records, land cadastre, 
information on actual cultivators, and cultivation records. The 
household registration, land cadastre, and tax information 
necessary for filing can be required of the household 
registration, land administration, and tax authorities, 
respectively. Farming households are responsible for declaring 
information on the actual cultivators and cultivation records.


Article 7
Food shall be freely imported and exported. However, 
restrictions may be imposed to ensure national food security. 
The types, amounts, and regions subject to restrictions, as well 
as the duration, conditions, and methods of the restrictions, 
will be promulgated by the Competent Authority.
Approval from the Competent Authority is required before 
exporting or importing any food subject to the promulguated 
restrictions as per the preceding paragraph.
Rice and processed rice products within the quota regulated by 
the Customs Import Tariff shall be imported by the Competent 
Authority or by importers/exporters qualified as food dealers, 
in proportions determined by the Competent Authority.
Imports exceeding the quota may only be conducted by qualified 
food dealers in accordance with related regulations. 
Importers/exporters lacking food dealer qualifications must 
obtain approval from the Competent Authority before importing in 
accordance with related regulations. 
To address actual or anticipated supply-demand imbalances of 
rice or processed rice products in the domestic market, or to 
respond to unforeseen circumstances, the Competent Authority may 
approve imports at the in-quota tariff rate, without counting 
them towards the quota.


Article 8
The Competent Authority may commission public food stock agents 
to handle the acquisition, safekeeping, processing, and 
distribution of public food stock.
The conditions that public food stock agents and their 
warehouses must meet, as well as regulations for the 
acquisition, safekeeping, processing, distribution, and other 
management matters of public food stock, shall be determined by 
the Competent Authority.


Article 9
The inspection of paddies acquired for public food stock shall 
include foreign matter, moisture content, test weight, and 
quality. Inspection standards shall be prescribed by the 
Competent Authority.


Article 10
Any person intending to engage in food business activities must 
register as a food dealer with the Competent Authority.
The above requirement for food dealer registration does not 
apply to retailers selling small quantities of food, as long as 
their daily food stock falls below the quantity prescribed by 
the Competent Authority.
For food dealer registration as prescribed in Paragraph 1, the 
Competent Authority shall prescribe the application documents 
and procedures, the permitted and restricted business 
activities, changes requiring registration updates and their 
associated procedures and deadlines, the conditions for 
registration revocation, and any other compliance rules.


Article 11
Food dealers must maintain records of food purchase, sale, 
storage, processing, and brokering. Imported foods and domestic 
foods shall be recorded separately.
Food importers or processors publicly announced by the Competent 
Authority to operate above a certain scale must record details 
regarding sources of provisions and flow directions.
Records mentioned in the preceding two paragraphs must be 
retained for a period of two years.
The Competent Authority is authorized to dispatch personnel for 
inspections and sampling surveys related to the matters 
specified in Paragraphs 1 and 2. If necessary, the Competent 
Authority may request relevant details regarding sources of 
provisions and flow directions for food supplies, and food 
dealers may not evade, obstruct, or refuse such requests.


Article 12
In the event of natural disasters or sudden incidents causing an 
unbalanced food supply and demand, the Competent Authority shall 
submit the following information to the Executive Yuan for 
approval of public announcement and management:
1.The period, quantity, and price of food sales and purchases.
2.Food storage, transportation, and processing.
Emergency purchase and sale of food through ration distribution.


Article 13
The Competent Authority shall guide the production and marketing 
of high-quality rice and establish a rice grading and testing 
system.


Article 14
The following infomration shall be clearly labeled in Chinese 
and with common symbols on the packages or containers of 
packaged food offered for market sale:
1.Product name.
2.Quality specification.
3.Origin.
4.Net Weight.
5.Date of milling.
6.Expiration date.
7.Name, telephone number, and address of the manufacturer and 
  domestic dealer.
Unpackaged food offered for market sale shall be labeled in 
Chinese with the name and place of origin.
The Competent Authority shall prescribe regulations for the food 
labeling required in the previous two paragraphs, including the 
specific contents and methods, as well as any additional 
labeling requirements.
Food labeling shall be subject to the provisions of the Act 
Governing Food Safety and Sanitation in addition to the 
requirements in the previous three paragraphs.


Article 14-1
Food offered for market shall not exhibit any of the following 
conditions:
1.The labeling information, including the listed items and 
  contents, does not accurately reflect the actual contents, or 
  the contents are adulterated or false, or the promotion or 
  advertisement on the package or container is untrue, 
  exaggerated, or misleading.
2.Mixing imported and domestic rice for sale.


Article 15
The Competent Authority may conduct sampling surveys on the 
labeling of food offered for market sale and test the quality of 
the food. Retailers selling small quantities of food as 
specified in Paragraph 2 of Article 10 (hereinafter referred to 
as "food retailers") must not avoid, interfere with, or refuse 
sampling surveys or tests and must provide information on the 
food's sources.
Personnel performing sampling surveys and tests in accordance 
with the preceding paragraph must display relevant credentials 
to food dealers or retailers. Sampled items from markets will be 
purchased at the posted price. The methods of sampling surveys 
and tests shall be determined by the Competent Authority.
Tests conducted under Paragraph 1 shall follow the CNS national 
standards or other appropriate methods. The Competent Authority 
may delegate all or part of the tests to other entities such as 
testing bodies, legal entities, or academic or research 
institutes.


Article 15-1
No person shall deliberately disseminate rumors or false 
information that affect market food prices, the Competent 
Authority’s implementation of food production and marketing 
programs, or acquisition for public food stock.


Article 16
(Deleted)


Article 17
Violations of any requirements publicly announced for management 
by the Competent Authority under Article 12 may result in 
imprisonment for up to three years, detention, and/or a fine up 
to the total value of the food involved.


Article 17-1
(Deleted)


Article 18
A violation of Paragraph 1 of Article 10 by engaging in food 
business activities without completing food dealer registration, 
or a violation of Paragraph 3 of Article 10 regarding the 
allowed and restricted business activities, changes requiring 
registration updates and their associated procedures and 
deadlines, or other relevant requirements will result in an 
order from the Competent Authority to rectify the violation 
within a specified time limit. Failure to comply within the time 
limit will result in a fine of no less than NT$60,000 and no 
more than NT$240,000. Each violation will incur a separate fine.
The Competent Authority shall order a food dealer to rectify the 
following violations within a specified time limit. Failure to 
comply within the time limit will result in a fine of no less 
than NT$30,000 and no more than NT$150,00. Each violation will 
incur a separate fine.
1.Violation of Paragraph 1 of Article 11, failing to maintain 
  separate records for imported and domestic foods.
2.Violation of Paragraph 3 of Article 11, failing to retain 
  records for 2 years.
3.Violation of Paragraph 1 or Paragraph 2 of Article 14, failing 
  to include the required information in labeling, or violation 
  of Paragraph 3 of Article 14, regarding the labeling contents 
  and methods required.
For severe violations of Subparagraph 3 of the previous 
paragraph, the Competent Authority may impose a partial or 
complete suspension of the offender's food business activities 
for a designated period or revoke all or part of the offender's 
food dealer registration.


Article 18-1
A violation of paragraph 2 of Article 14-1 shall incur a fine of 
no less than NT$100,000 and no more than NT$15,000,000. Each 
violation will incur a separate fine.
In cases of serious violations, the Competent Authority shall 
impose a partial or complete suspension of the offender's food 
business activities for a designated period or revoke all or 
part of the offender's food dealer registration.
If a food dealer fails to rectify its violation of Paragraph 1 
of Article 14-1 within a specified time limit, as ordered by the 
Competent Authority, it shall face a fine of no less than NT
$40,000 and no more than NT$4,000,000. Each violation will incur 
a separate fine. In serious violations, the Competent Authority 
may impose a fine without a prior order for rectification and 
shall additionally impose a partial or complete suspension of 
the offender's food business activities for a designated period, 
or revoke all or part of the offender's food dealer 
registration.
A fine ranging from NT$30,000 to NT$3,000,000 per violation 
shall be imposed on a food dealer for any of the following 
circumstances:
1.Violation of Paragraph 1 of Article 11, failing to record 
  information, or violation of Paragraph 2 of Article 11, where 
  an importer or processor fails to record details of the 
  sources or flow directions for imported or processed food.
2.Violation of Paragraph 4 of Article 11, including avoidance, 
  obstruction, or refusal of inspections or sampling surveys of 
  recorded details, or refusal to provide relevant details of 
  sources and flow directions.
Violation of Paragraph 1 of Article 15, where a food dealer or 
retailer avoids, obstructs, or refuses the competent authority's 
sampling surveys or tests of food offered for market sale, or 
refuses to provide relevant details of sources and flow 
directions.


Article 18-2
A profit-seeking enterprise, farmers' association, or 
cooperative that has had its entire or partial food dealer 
registration revoked under Articles 18 or 18-1 is ineligible to 
reapply for a food dealer registration (entire or partial) under 
this Act for a period of one year from the date of revocation. 
The Competent Authority may publicly disclose the following 
information about a food dealer who fails to rectify a violation 
under Article 18, Paragraph 2, Subparagraph 3, or is subject to 
a penalty under Article 18, Paragraph 2. The disclosed 
information may include the name, address, and responsible 
person of the offending food dealer, the name of the involved 
product, specific details of the violation, and the location and 
date of product sampling.
If a violation under the preceding paragraph seriously impairs 
consumer rights and interests, the Competent Authority shall 
order the removal of the marketed products from store shelves 
within three days, followed by a recall of the products within 
one month.
A food dealer that fails to comply with the product removal or 
recall order within the designated timeframe will be subject to 
a fine of no less than NT$100,000 and no more than NT$3,000,000. 
In severe cases, the Competent Authority shall terminate the 
offender’s business operations, suspend its business operations 
for a designated period, or revoke its entire or partial food 
dealer registration. Re-registration (entire or partial) is not 
allowed for a period of one year from the date of revocation.


Article 18-3
Any person who violates Article 15-1, causing harm to farmers' 
income or consumer rights, shall be subject to a fine of no less 
than NT$60,000 and no more than NT$300,000.


Article 19
(Deleted)


Article 20
(Deleted)


Article 21
The Competent Authority shall collect separate fees for 
registrations it conducts and tests it performs pursuant to this 
Act. The fee-charging standards for each category will be 
prescribed by the Competent Authority.


Article 22
(Deleted)


Article 23
The enforcement rules of the Act shall be prescribed by the 
Competent Authority.


Article 24
This Act shall take effect from the date of its promulgation. 
Articles amended on December 27, 2002, shall take effect on 
January 1, 2003. Articles amended on May 30, 2014, shall take 
effect six months after the date of promulgation.