| Legislative： |
1.Promulgated on June 26, 2007
2.Full text including 10 articles amended and promulgated on December 25, 2020 |
| Content： |
Article 1
These regulations were established in accordance with paragraph
1 of article 13 of the Agricultural Production and Certification
Act (hereinafter referred to as the Act).
Article 2
The competent authority inspects or tests agricultural operators
on the following items, as prescribed in paragraph 2 of article
12 of the Act:
1.The conformity with the requirements of the certification
standards of the certification system established in accordance
with article 4 of the Act.
2.The conformity with the requirements on the use of the
certified agricultural product mark on agricultural products
established in accordance with paragraph 2 of article 10 of the
Act.
3.The labeling of relevant information required for certified
agricultural products intended to be sold under the certified
name established in accordance with article 11 of the Act.
4.The conformity with the requirements of registering
agricultural traceable information and labeling in accordance
with paragraph 3 of article 16 of the Act.
5.Other inspection or testing items required by the Act.
Article 3
Personnel sent by the competent authority to perform inspection
or testing shall present a document that warrants their visit or
a valid identification document and state their purpose of
visit. The competent authority may carry out photographing and
audio or video recording throughout the implementation of this
process.
Article 4
During the inspection or testing, the competent authority may
sample agricultural products while complying with the following
requirements:
1.Sampling shall be performed on a random basis. The
agricultural operator shall not be involved in the sample
selection.
2.Sampling methods and quantities are as prescribed in the
Appendix. However, the competent authority may adjust the
sampling quantity as practically needed for each tested item,
providing that the final sample is sufficient for the test.
3.Upon collection, the sample shall be sealed with the
endorsement of the owner of or inspected personnel responsible
for the agricultural operator present through signing or
stamping on the seal. A photo shall be taken before and after
sealing for the record. The competent authority shall issue a
receipt to the inspected operator and keep a duplicate copy for
the record. Samples that are purchased on the market are not
required for receipt issuance.
4.Samples may be obtained free of charge, but those that are
purchased on the market shall be paid for at the market rate.
Article 5
When performing inspection or testing, the competent authority
shall keep a written record that bears the signatures or seals
of the owner of or inspected personnel responsible for the
agricultural operator; if however that person refuses to sign or
stamp a seal, the exact course of the incident shall be
documented.
Article 6
For sample testing procedures, the competent authority shall
complete testing within 20 days of the receipt of the samples.
Article 7
Inspection or testing personnel shall maintain discretion of any
operational secrets uncovered or obtained through performing
inspection or testing.
Article 8
Items to be avoided for inspection or testing personnel shall
refer to the Administrative Procedure Act and relevant
regulations.
Article 9
The competent authority shall notify other responsible competent
authorities to take action when violations of other laws or
regulations are discovered during the inspection or testing of
agricultural products.
Article 10
These Regulations shall enter into force on December 25, 2020. |