| 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. |