MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

Chapter 1 General Principles
Article 1　
The purpose of this Act is to improve the quality and safety of 
agricultural products and protect the health of citizens and the 
rights of consumers.


Article 2
The term “competent authority” used in this Act is the Council 
of Agriculture of the Executive Yuan at the central level; and 
the municipal/county/city governments at the local level.


Article 3
The terms used in this Act is defined as follows:
1.Agricultural products: Any product which is produced or 
  processed as food by utilizing natural resources, agricultural 
  materials and technology, including cultivation, forestry, 
  aquaculture, and animal husbandry or any product promulgated 
  by the central competent authority.
2.Operator: Any individual or entity who engages in the 
  production, processing, packaging, distribution or sale of 
  agricultural products.
3.Certified agricultural products: Agricultural products 
  certified in accordance with this Act.
4.Agricultural product certification mark: The mark used to 
  indicate the agricultural product is certified in accordance 
  with this Act.
5.Labeling: Words, graphics, symbols or additional instruction 
  affixed to agricultural products, the containers or packaging 
  thereof.
6.Accreditation body: An institution or legal entity which is 
  reviewed and approved by the central competent authority to be 
  qualified for conducting accreditation activities established 
  by this Act.
7.Accreditation: The process which the accreditation body 
  undertakes to evaluate the competence of an institution, 
  school or legal entity to provide certification services    
  established by this Act under a contract in private law.
8.Certification body: An institution, school or legal entity 
  which is accredited by the accreditation body to provide 
  certification services.
9.Certification: The process which the certification body 
  undertakes to assure that the production, processing, 
  packaging or distribution of a specific agricultural product 
  complies with the requirements specified in this Act under a 
  contract in private law with the respective operator.
10.QR code of agricultural products: Any agricultural product 
   produced by using domestic materials, processed and packaged 
   domestically, and its traceability information is recorded in 
   the database or system owned by the central competent 
   authority.
11.Advertisement: Words, symbols, sounds, graphics, images or 
   other methods used to promote, propagandize or sell 
   agricultural products.


Chapter 2 Management of Accreditation and Certification bodies

Article 4
The central competent authority may promulgate and implement the 
certification system and related certification criteria for the 
item or category of certain domestic agricultural product for 
its production, processing, packaging and distribution and other 
related processes of production and marketing thereof.


Article 5
Any institution or legal entity which intends to provide 
accreditation services shall apply to the central competent 
authority by submitting the required documents. It may carry out 
accreditation activities after an approval is granted by the 
central competent authority. The same requirements also apply 
when changes are to be made to the approved scope. The central 
competent authority may promulgate any of its affiliated 
agencies to be an accreditation body if necessary.
The validity of the certificate of the aforementioned approval 
shall not exceed 5 years and the certificate holder may apply to 
the central competent authority for extending the validity 
period one year prior to the expiry date. The validity of 
renewed certificate shall not exceed 5 years.
The accreditation activities conducted by accreditation bodies 
are the following:
1.Accepting and reviewing accreditation applications.
2.Signing accreditation contracts with accredited certification 
  bodies.
3.Issuing accreditation certificates to accredited certification 
  bodies for the accredited scope.
4.Assessing the accredited certification bodies by auditing 
  their certification activities.
5.Other accreditation related activities promulgated by the 
  central competent authority.
The central competent authority shall establish regulations to 
stipulate the eligibility, criteria, procedures, and required 
documents for the application and changes to the approved scope 
as well as rescission of approval specified in paragraph 1; the 
required documents for renewal application specified in 
paragraph 2; the information that shall be stated in the 
certificates specified in subparagraph 3 of the preceding 
paragraph; and other relevant requirements.


Article 6
Accreditation bodies shall be subject to regular supervision by 
the central competent authority and shall not evade from, 
impede, or refuse such supervision or provide false data. The 
accreditation bodies shall comply with the followings:
1.Adopting and submitting accreditation standards to the central 
  competent authority for approval; and so do their revision or 
  rescission.
2.Reviewing accreditation applications and assessing the 
  certification bodies in accordance with the accreditation 
  standards approved by the central competent authority.
3.Maintaining records of accreditation activities for at least 5 
  years, and submitting them to the central competent authority 
  for records every year.
4.Assisting and cooperating with the central competent authority 
  on auditing accredited certification bodies.
5.Coordinating with other accredited certification bodies to 
  take over the certification services of an accredited 
  certification body which is unable to provide certification.
The central competent authority shall establish regulations on 
the procedures and methods for auditing the accreditation 
bodies, the elements of accreditation standards, the items 
related to the accreditation activities to be recorded, and 
submission of documents specified in the preceding paragraph, 
and other relevant requirements.


Article 7
Any institution, school, or legal entity shall not engage in the 
certification activities until being accredited by an 
accreditation body and receiving the accreditation certificate 
in the accredited scope; and the same shall apply when changes 
are made to the certification scope.
The certification activities of certification bodies mentioned 
in the preceding paragraph are the followings:
1.Signing contracts with operators to certify their agricultural 
  products in accordance with the certification standards 
  promulgated according to Article 4 of this Act.
2.Issuing certificates for certified agricultural products, and 
  monitoring the use of the agricultural product certification 
  mark by operators.
3.Inspecting certified agricultural products based on the 
  contract and the production periods.
4.Other certification related activities promulgated by the 
  central competent authority.
The certification body may charge fees for its certification 
services under the contract. The central competent authority 
shall promulgate the maximum amount to be collected for 
certification fees.
The certification body engaged in the certification activities 
mentioned in paragraph 2 shall retain the data and records 
according to the items, methods and periods promulgated by the 
central competent authority. The central competent authority may 
carry out random checks and the certification bodies shall not 
evade, impede or refuse such checks or provide false documents.


Article 8
An operator may voluntarily sign a contract with a certification 
body for certifying agricultural products in accordance with the 
categories and items specified in Article 4 of this Act. The 
central competent authority may subsidize the certification fee 
if necessary. Rules on subsidization shall be promulgated by the 
central competent authority.
When a certification body cannot continue providing 
certification services due to withdrawal of accreditation, 
termination of accreditation contract, dissolution, or any other 
causes, the contracted operator may sign a new contract with 
another certification body within the period specified by the 
central competent authority. The agricultural products provided 
by this operator remains certified during the above specified 
period under the condition that the certification does not 
expire.


Article 9
The central competent authority may promulgate mandatory or 
prohibited items in the contracts between the accreditation 
bodies and certification bodies as well as those between the 
certification bodies and operators.
Contracts violating the preceding paragraph shall be considered 
null and invalid. If the contract could exist excluding the void 
part, the other part remains valid. Nevertheless, the contract 
shall be considered null and invalid in whole if it is obviously 
unfair to one party to the contract.
Provisions promulgated by the central competent authority but 
not specified in contracts shall still constitute a part of the 
contract.


Chapter 3 Management of Agricultural products

Article 10
Any agricultural product shall not be labeled the agricultural 
product certification mark and cannot be sold, labelled, 
displayed or advertised as certified agricultural product unless 
it has been certified to be in compliance with this Act.
The central competent authority, in consultation with relevant 
agencies, shall establish regulations on the specifications, 
diagram, drawing and use of the agricultural product 
certification mark and other related requirements mentioned in 
the preceding paragraph.


Article 11
Agricultural products that have been certified under this Act 
and sold as certified agricultural products shall be notably 
labelled with the following items in Chinese and common symbols:
1.Product name.
2.Ingredients. Each ingredient shall be indicated in a    
  descending order of proportion if there are more than one 
  ingredients; in the case of a product containing single 
  ingredient represented by the same product name, the product 
  is exempted from ingredient indication.
3.Net weight, volume, quantity or measurement.
4.Name, telephone number and address of the operator; and in the 
  case of products that are produced under a contract, the name, 
  telephone number and address of the contractor are also 
  required.
5.Country of origin. Those with the address of the production 
  premise or certification site that can identify the country of 
  origin are exempted.
6.Agricultural product certification mark, certified product 
  number, certification number or traceability code, and name of 
  the certification body.
7.Methods to access the certification information.
8.Other matters promulgated by the central competent authority.
The methods to access certification information stated in 
subparagraph 7 of the preceding paragraph and the method of 
labeling shall be promulgated by the central competent 
authority.
In case of apparently difficulties to label the items mentioned 
in paragraph 1 due to the product itself, surface area or 
material of its container or package, or other special reasons, 
the central competent authority may promulgate conditions for 
exemption from labeling certain items or alternative labeling 
methods.
For any changes to the subject matters mentioned in paragraph 1, 
the label shall be updated within 3 months of the occurrence of 
the changes. Failure to do so within the specified period shall 
be deemed as false labeling.


Article 12
The operator shall retain the data related to production, 
processing, packaging, distribution, storage and marketing of 
certified agricultural products according to the certification 
standards promulgated by the central competent authority in 
accordance with Article 4 of this Act.
The competent authority may assign personnel to enter the 
premise of production, processing, packaging, storage, marketing 
and other business places operated by an operator, to conduct 
inspection, perform testing or request data related to matters 
mentioned in the preceding paragraph. Any subject shall not 
evade, impede or refuse such requests, or provide false data or 
records.
When agricultural products inspected or tested are not in 
compliance with the Act, the competent authority may impose 
fines on operators in accordance with this Act, and may also 
prohibit them from transporting such products and order them to 
take corrective action, withdraw or recall such products from 
the market, destroy such products, or take other appropriate 
measures.


Article 13
The officers who conduct inspection or perform testing in 
accordance with the preceding Article shall present their 
official identification documents or badges for performing the 
duty, and shall pay fees for products sampled form the market. 
The central competent authority shall establish regulations on 
the inspection, testing and other requirements.
The competent authority may appoint its affiliated agencies 
(institutions), or entrust other agencies (institutions), 
schools, legal entities, groups or individuals to conduct 
inspection or perform testing mentioned in the preceding 
paragraph.


Article 14
Testing methods of agricultural products shall be promulgated by 
the central competent authority in consultation with related 
regulatory authorities. In the absence of any promulgated 
methods, the following testing methods shall be adopted in 
order.
1.Testing methods established by the Act Governing Food Safety 
  and Sanitation.
2.National standards.
3.Internationally recognized methods.


Article 15
Where the operators disagree to the test results, they may apply 
for a retest to the original sampling authority and pay the 
retest fees within 15 days upon receiving the notice. The 
application for retest is limited to one time only.
Upon accepting the retest application, the sampling authority 
shall notify the original testing body to conduct a retest of 
the original specimen within 7 days. The retest application 
shall be refused if the specimen has deteriorated or could not 
be preserved properly.


Article 16
The operator may register the traceability information of 
agricultural products in the database or systems owned by the 
central competent authority before the distribution and 
marketing of such products, and label such information on the 
products itself or the packages or containers thereof.
The central competent authority shall promulgate the items of 
traceability information and its labeling methods.
The central competent authority may specify and promulgate, if 
necessary, that operators of certain category of agricultural 
products or of a certain scale shall register traceability 
information in accordance with paragraph 1 and label the 
products by the promulgated methods mentioned in the preceding 
paragraph.


Article 17
The central competent authority may promulgate categories of 
agricultural products or the business scale of operators to 
implement self-management programs, which require the operators 
to set up monitoring plans on the safety of agricultural 
products, to ensure their safety and sanitation.
The elements of the monitoring plan mentioned in the preceding 
paragraph shall be promulgated by the central competent 
authority.


Article 18
Any farmer or any farmers’ organization under a certain 
business scale may register with municipal/county/city 
governments as primary agricultural products processing premises 
for agricultural products if domestic QR code of agricultural 
products, certified agricultural products, organic agricultural 
products, in-conversion agricultural products or other 
agricultural products promulgated by the central competent 
authority are used as raw materials for processing certain 
categories of products with legal agricultural product 
processing facilities.
The central competent authority shall establish regulations on 
the promulgation of agricultural products, the scale of 
business, legal agricultural product processing facilities 
mentioned in the preceding paragraph, as well as the conditions, 
procedures and documents concerning the application, terms of 
validity, amendments and rescission of registration and other 
requirements.
The categories of products specified in paragraph 1 and their 
processing methods shall be promulgated by the central competent 
authority.


Article 19
To stabilize production, distribution and trading of 
agricultural products, and to increase categories and items of 
primary processed agricultural products, the competent authority 
may provide the following assistance.
1.Consultation for the development of primary processed 
  gricultural products, including relevant procedures such as 
  processing, packaging, distribution, and marketing.
2.Consultation on regulations related to primary processing of 
  agricultural products.
3.Provision of knowledge and technical advices for primary 
  processing of agricultural products.
4.Sample making and testing of agricultural product.
5.Other matters relevant to primary processing of agricultural 
  products.
The competent authority may entrust relevant agencies, legal 
entities or groups to provide the assistance mentioned in the 
preceding paragraph.


Article 20
Agricultural products shall not be labeled or advertised in the 
name of or in connection with the central competent authority or 
any of its affiliated agencies (institutions) without 
authorization.
Those who operate platforms or are entrusted to publish 
advertisements about certified agricultural products or QR code 
of agricultural products, or in the name of or in connection 
with the central competent authority or any of its affiliated 
agencies (institutions), shall retain information about the 
advertisers for 6 months from the date when the advertisements 
are published and shall not evade, impede or refuse to provide 
such information upon request by the competent authority or 
provide false information.
The central competent authority shall establish regulations 
governing elements of the information mentioned in the preceding 
paragraph, its retention methods and other requirements.


Article 21
The competent authority shall keep the identity of those who 
report violations against the provisions of this Act 
confidential and provide rewards for reporting such violations 
after they have been confirmed.
The central competent authority shall establish regulations 
governing reporting violations and rewarding mentioned in the 
preceding paragraph.


Chapter 4 Penal Provisions

Article 22
Under any of the following circumstances, a subject will be 
fined in an amount of not less than NTD600,000 and not more than 
NTD60,000,000:
1.Having violated paragraph 1 of Article 5 by engaging in the 
  accreditation activities mentioned in paragraph 3 of Article 5 
  without approval from the central competent authority or by 
  continuously engaging in accreditation activities without the 
  renewal approval from the central competent authority in 
  accordance with paragraph 2 of Article 5.
2.Having violated the penalty imposed by the central competent 
  authority in accordance with paragraph 1 of Article 30 on an 
  accreditation body, which accepts accreditation applications 
  during the period when such right is suspended.


Article 23
A subject who violates paragraph 1 of Article 7 by engaging in 
certification activities without being accredited by an 
accreditation body shall be fined in an amount not less than 
NTD300,000 and not more than NTD30,000,000.


Article 24
Under any of the following circumstances, a fine in an amount of 
not less than NTD200,000 and not more than NTD2,000,000 shall be 
imposed for each individual violation:
1.Having violated paragraph 1 of Article 10 by affixing the 
  agricultural product certification mark to uncertified 
  products.
2.Having violated the penalty imposed by the central competent 
  authority in accordance with paragraph 2 of Article 25 or 
  paragraph 2 of Article 29 by using the agricultural product 
  certification mark when the right to use the mark is 
  suspended.
If an actor mentioned in the preceding paragraph is determined 
by the court to be fined less than the minimum fine established 
in the preceding paragraph, the amount of the difference between 
the fine imposed by the court and that of the minimum fine 
established in the preceding paragraph may be imposed by the 
competent authority.


Article 25
Under any of the following circumstances, a fine in an amount of 
not less than NTD100,000 and not more than NTD1,000,000 shall be 
imposed for each individual violation.
1.Having violated paragraph 4 of Article 7 by failing to retain 
  relevant data and records in accordance with the items, 
  methods, and time periods promulgated by the central competent 
  authority, or by evading, impeding, or refusing checks by the 
  central competent authority, or providing false data and 
  records.
2.Having violated paragraph 2 of Article 12 by evading, 
  impeding, or refusing inspection or testing by the competent 
  authorities, or providing false data and records.
3.Having violated paragraph 3 of Article 12 by failing to comply 
  with the orders made by the competent authorities regarding 
  prohibition from transporting products, taking corrective 
  action, withdrawing or recalling products from the market, 
  destroying products, or take other appropriate measures.
4.Having violated paragraph 2 of Article 20 by evading, impeding 
  or refusing the request for information or providing false 
  information.
5.Having violated paragraph 3 of Article 20 by failing to retain 
  relevant data and records in accordance with the items or 
  methods established in the regulations.
6.Having violated Article 32 by failing to comply with the 
  dispositions imposed by the competent authority.
For violations mentioned in subparagraphs 2 and 3 of the 
preceding paragraph, the competent authority may suspend the 
right to use agricultural product certification mark for a 
period of 3 months or up to 1 year.


Article 26
Under any of the following circumstances, a fine in an amount of 
not less than NTD60,000 and not more than NTD600,000 shall be 
imposed for each individual violation:
1.Having violated paragraph 3 of Article 7 by a certification 
  body, which collects a fee more than the maximum amount 
  promulgated by the central competent authority.
2.Having violated paragraph 1 of Article 10 by using words such 
  as certified agricultural products or any other misleading 
  presentation for marketing, labeling, displaying or 
  advertising uncertified agricultural products.


Article 27
Those who intend to disseminate rumors or false information 
concerning agricultural products, resulting in damages to the 
public or others, shall be subject to a fine in an amount of not 
less than NTD60,000 and not more than NTD300,000, and may be 
ordered to take corrective actions within a specified period of 
time. If correction is not made within the specified time limit, 
fines may be imposed for each time of violation.


Article 28
Those who violate paragraph 1 of Article 9 regarding mandatory 
and prohibitory items to be included in the contracts as 
promulgated by the central competent authority and fail to take 
corrective actions within the specified time limit ordered by 
the competent authorities shall be subject to a fine in an 
amount of not less than NTD30,000 and not more than NTD300,000. 
Failing to take corrective actions within the specified time 
limit as ordered by the competent authorities for the second 
time or more times shall be subject to a fine in an amount of 
not less than NTD50,000 and not more than NTD500,000 for each 
time.


Article 29
An operator shall be ordered to take corrective actions within a 
specified period of time under any of the following 
circumstances. If the operator fails to take corrective actions 
within the specified time limit, a fine in an amount of not less 
than NTD30,000 and not more than NTD300,000 may be imposed for 
each individual violation.
1.Violating paragraph 2 of Article 10 regarding the 
  specifications, diagram, drawing or use of the mark.
2.Violating paragraph 1 of Article 11 by failing to label or 
  label incompletely or falsely.
3.Violating paragraph 1 of Article 12 by failing to retain data 
  related to production, processing, packaging, distribution, 
  storage and marketing of certified agricultural products 
  according to the certification criteria.
4.Violating paragraph 1 of Article 20 by labeling or advertising 
  agricultural products in the name of or in connection with the 
  central competent authority or any of its affiliated agencies 
  (institutions) without authorization.
Under any of the circumstances mentioned in the preceding
paragraph, the competent authority may suspend the right of the 
operator to use agricultural product certification mark for a 
period from 3 months up to 1 year.


Article 30
Under any of the following circumstances, the central competent 
authority may issue a warning to the accreditation bodies 
depending on the severity of the violation, or impose a fine in 
an amount of not less than NTD20,000 and not more than 
NTD100,000 for each individual violation, or suspend the 
accreditation bodies from accepting new accreditation 
applications for a period time from 2 months up to 2 years.
1.Violating paragraph 1 of Article 6 by evading, impeding, or 
  refusing the supervision by the central competent authority, 
  or providing false data and records.
2.Violating subparagraph 1 of paragraph 1 of Article 6 by 
  failing to submit the adopted, revised or rescinded   
  accreditation standards to the central competent authority for 
  approval.
3.Violating subparagraph 2 of paragraph 1 of Article 6, by 
  failing to review accreditation applications and assess the 
  certification bodies based on the accreditation standards 
  approved by the central competent authority.
4.Violating subparagraph 3 of paragraph 1 of Article 6 by 
  failing to retain records of accreditation activities for at 
  least five years, making false records, or failing to submit 
  records to the central competent authority every year.
5.Violating subparagraph 4 of paragraph 1 of Article 6 by 
  failing to assist or cooperate with the central competent 
  authority on auditing the accredited certification bodies.
6.Violating subparagraph 5 of paragraph 1 of Article 6 by 
  failing to coordinate with other certification bodies to take 
  over the certification services of an accredited certification 
  body which is unable to provide certification.
7.Violating paragraph 2 of Article 6 regarding the elements of 
  accreditation standards, the items related to the 
  accreditation activities to be recorded, and submission of 
  documents established in the relevant regulations.
If an accreditation body has been suspended from accepting new 
applications by the central competent authority in accordance 
with the preceding paragraph twice within 3 years, the central 
competent authority shall rescind its approval upon another 
violation of the preceding paragraph by the accreditation body. 
The central competent authority may also prohibit it from 
applying for approval in accordance with paragraph 1 of Article 
5 for a period from 2 years up to 5 years.
For the accreditation body of which the approval is rescinded in 
accordance with the preceding paragraph, the central competent 
authority shall assume the contracts signed by the accreditation 
body with certification bodies; those certification bodies shall 
enter into accreditation contracts with other accreditation 
bodies within the period promulgated by the central competent 
authority, and the accreditation contracts with the central 
competent authority shall thereby be terminated at the same 
time.


Article 31
An operator shall be ordered to take corrective actions in a 
specific period of time if this operator does not register or 
label traceability information in a way established by the 
central competent authority, or does not register such 
information correctly or completely in accordance with Article 
16； if such operator fails to take corrective actions within 
the specified time limit, a fine in an amount of not less than 
NTD6,000 and not more than NTD30,000 shall be imposed for each 
individual violation.


Article 32
In the case of advertisements or labeling of agricultural 
products mentioned in paragraph 1 of Article 24, subparagraph 2 
of Article 26, subparagraphs 1, 2 or 4 of paragraph 1of Article 
29 or under any of the circumstances stated in the preceding 
Article, the competent authorities may adopt the following 
measures in addition to penalties imposed in accordance with the 
provisions of this Act:
1.Ordering the person that makes the labeling or published the 
  advertisements to correct, withdraw labels or advertisements 
  within a specified period of time.
2.Ordering the contractor of the advertisements to publish or 
  broadcast corrective advertisements of the same length or 
  timeslots in the media where the original advertisements were 
  published or broadcasted within a specified period of time. 
  The content of the corrective advertisements shall communicate 
  the message of an apology and correction of false information.
3.Ordering those who operate platforms or disseminate 
  advertisements under contracts to stop broadcasting or 
  withdraw materials of the original advertisements.


Article 33
For anyone that falls under any of the circumstances stated in  
Article 22 to Article 31, the competent authority may publish 
the name and address, names of the certificated agricultural 
products and information about violation of the person. In the 
case of a legal entity or any group with a manager or 
representative, the competent authority may publish the name of 
such entity or group, office or place of business, and the name 
of the manager or representative thereof.


Article 34
The penalties established in this Act shall be imposed by the 
municipal/county/city governments. However, the penalties 
imposed on an accreditation body and a certification body shall 
be imposed by the central competent authority.
When an operator violates this Act in producing, processing, 
packaging or distributing agricultural products based on the 
instructions of a client, the client shall be the subject of 
penalties.


Chapter 5 Supplementary Provisions

Article 35
Certification bodies that had been accredited for the scope of 
Certified Agricultural Standards and Traceable Agricultural 
Products prior to December 3, 2019, the implementation date of 
the amendment to this Act, may engage in certification 
activities for Certified Agricultural Standards and Traceable 
Agricultural Products within 18 months from the date of 
implementation of the amendment. The validity period of the 
issued certificates shall not exceed the aforementioned 
deadline.
Operators that had been certified for Certified Agricultural 
Standards and Traceable Agricultural Products prior to December 
3, 2019, the implementation date of the amendment to this Act, 
may use the agricultural product certification mark after 
December 3, 2019 in accordance with requirements before the 
amendment until the expiry date of their certificates, under the 
condition that the expiry date is within 18 months from the date 
of implementation of the amendment.


Article 36
In the absence of domestic (institutions) or legal entities 
serving as accreditation bodies, the central competent authority 
may promulgate itself or promulgate agencies (institutions) or 
legal entities as accreditation bodies for a specific period of 
time.
In the absence of domestic institutions, schools or legal 
entities serving as certification bodies, the central competent 
authority may promulgate institutions, schools, or legal 
entities as certification bodies for a specific period of time.