| Legislative： |
1.This Criteria was promulgated on Jun. 13, 2019 per Order Nung-
Liang-Tze 1081069433A. |
| Content： |
1. This Criteria is established by the Council of Agriculture,
Executive Yuan (hereinafter referred to as the COA) to
address all incidents concerning violations of the Organic
Agriculture Promotion Act (hereinafter referred to as
the Act) and establish clear and consistent guidelines to
enhance law enforcement efficiency and credibility.
2. The competent authority shall refer to the Table of the
Criteria for Determining the Penalties for Violating Organic
Agriculture Promotion Act (attached as the Appendix) to
impose penalties on those who violate the Act.
The number of violations provided in the Table indicated in the
previous paragraph shall be calculated backward to a year from
the date of latest violation.
3. When the domestic production, processing, distribution or
importing of agricultural products is found in violation of
the Act, the operator who assumes the final responsibility
for such products shall be punished.
4. When imported agricultural products are found in violation
of the Act, the importer shall be held liable to take the
legal punishment.
5. The number of violations shall be decided as follows:
（1） If different types of agricultural products from an
operator are found in violation of the same provisions of
the Act, such violations shall be deemed as different acts of
violation.
（2） If different batches of the same type of agricultural
products of an operator are found in violation of the same
provision of the Act (e.g. date of expiration, date of
manufacturing, date of production, and batch number), such
violations shall be deemed as different acts of violation.
（3） If the agricultural products on which a fine has been
imposed for violation of the Act or which have been ordered
to be corrected, withdrawn or recalled from the market within
a given period are found in violation of the same provisions
of the Act after the payment of the fine or the expiration
of the period, such violations shall be deemed as different
acts of violation, which will be counted toward the number of
violations.
6. All penalties, except those on accreditation bodies or
certification bodies, shall be imposed by the municipal/
county/city governments where the household address of the
violator or the address of the violating incorporation or
group is registered.
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