| Legislative： |
1.Promulgated on June 29, 1982
2.Amended on April 19, 1984
3.Amended on December 10, 1986
4.Amended on July 31, 1998
5.Amended on October 30, 1999
6.Amended on April 29, 2000
7.Amended on March 28, 2007
8.Amended on March 3, 2023 |
| Content： |
Article 1
The present implementing bylaw is based on the Article 42 of the
Agricultural Products Market Transaction Act (hereinafter named
Said Act).
Article 2
The central supervising authority’s indication of the
agricultural products in the Article 3 paragraph 1 of the Said
Act shall be publicized by specifying its establishing
principles, business items, and other related items of the
agricultural wholesale market.
The term “agricultural products transaction” specified in
the Article 3 paragraph 2 of the Said Act indicates the business
activities of wholesalers and jobbers.
Article 3
The term “agricultural products transaction” specified in the
Article 6 of the Said Act includes wholesaling, jobber selling,
and retail transactions in the process of agricultural products
from production to consumption.
Article 4
The term “monopolized and manipulated prices” specified in
Article 6 of the Said Act indicates the over purchases and
storage of agricultural products through illegal transaction and
interfere the balance of demand and supply; or unreasonable
price formation through individual or cartel actions. The
so-called “purposely change of quality/quantity” indicates the
injection of liquids, pouring into foreign substances, or
agricultural product itself inconsistent with the package label.
Article 5
The product origin of the co-operative marketing performed by
farmer’s organizations based on the Article 7 Paragraph 1 of
the Said Act, shall be limited only to the product directly
produced by farmers.
Article 6
The term “wholesale transaction” specified in Article 7
paragraph 1 Item 1 shall follow the statements regulated in
Article 21 of the said Act.
Article 7
The term “retail transaction” specified in Article 7 paragraph
1 Item 2 indicates that the retail outlet shall be principally
limited on the institutional consumers.
Article 8
The term “area” specified in Article 7 Paragraph 2 indicates
the juridical area of township, city, and district.
Article 9
Farmers or agricultural production and marketing teams engaged
in co-operating marketing by their own specified in the Article
7 Paragraph 2 of the present law, its product origin is limited
to the product directly produced by farmers; The agricultural
wholesale market may request them to show the signed documents
from the local farmer’s organizations specifying the production
acreage and quantity of agricultural products if necessary.
Article 10
The term “accidental loss” specified in Article 9 Paragraph 2
indicates the marketing losses resulting from the irresistible
forces in the process of co-operative marketing.
Article 10-1
The term “land ground” specified in Article 10 indicates the
place for agricultural products gathering, sorting, grading, and
packaging.
Article 11
The establishment of the different types of agricultural
wholesale markets within the county/city boundary shall observe
the following principles. However, the county/city supervising
authority may request the central supervising authority for
approval for additional establishment by merge with its nearby
districts, if it is actually needed:
1. One fruits and vegetables market in each Township/city/
district.
2. One livestock (meat products) and one poultry market in each
county/city, respectively.
3. Each fishermen association district establishes one fish
market.
4. Other assigned and publicized agricultural markets may be
established by approval and publicized by the supervising
authority.
The additional establishment of each type of agricultural
wholesale market in the municipal district, is principally
allowed while the population increases every half million people.
However, the municipal supervising authority shall report to the
central supervising authority to get approval for adding/
deducting the establishment based on actual needs.
Article 12
The business items of agricultural wholesale market are listed
as following:
1. The fruits and vegetables market: vegetables and fruits
wholesale transactions and the related business.
2. The livestock (meat products) market: livestock wholesale
transactions of pig, cattle, sheep, goat…etc, also including
slaughtering and the related business.
3. The poultry market: poultry wholesale transactions of chicken,
duck, goose…etc, also including slaughtering and the related
business.
4. The fish market: aquatic products wholesale transaction and
related services.
5. Other assigned and publicized agricultural wholesale markets
by the central supervising authority : assigned agricultural
wholesale transaction and related service.
Article 13
The establishment of agricultural wholesale market should be
well planned and be based on the following qualifications:
1. The location, the ground, market acreage, and business area
of the market.
2. The object with regard to new construction, expansion,
re-construction or merge plans of the market.
3. Sorts of basic and attached facilities, scales, and layout
base of the market.
4. The pollution disposing facility base of the market.
5. The goal of market operation, management, and capital funds
application.
Article 14
The term “farmer” specified in Article 13 Paragraph 1 item 4
of the Said Law indicates the person who produces agricultural
products for transaction in the said agricultural wholesale
market.
To the “legal person” specified in Article 13 Paragraph 1 item
4 of the Said Law indicates that the shipper shall not invest
more than 1/2 of total capital assets of the legal person; to
the “legal person” specified in item 6 of the Said Law denotes
the shipper shall not invest more than 1/3 of total capital
assets of the legal person. But shippers which are
government-endowed agricultural foundations shall be excluded.
Article 15
If agricultural wholesale market has surplus, except for paying
dividends, shall be used for fulfilling equipments, and
marketing business improvement, shall not be used for other
purposes.
Article 16
The proposal for establishing market specified in Article 14
Paragraph 1 of the Said Law, should mention the following
provisions:
1. Name and address of the market.
2. Name of operating body, organization bylaw, and the name of
responsible person.
3. Business types.
4. Business area.
5. The market flat map and its nearby sketch map.
6. Construction and equipment blueprint and chart descriptions.
7. The Market business bylaw.
8. The market operating plans and estimated budget.
Article 17
The market utilization fee, by Article 16 in the Said Law, is
limited not over 15 percent of the market management fee.
Article 18
The suppliers’ transaction documents specified in Article 18
Paragraph 2 in the Said Law are as following:
1. Farmer’s organization: list of co-operative marketing
members, employees, and contractors with the information of
name, address, product name, and quantity.
2. Agribusiness and agricultural producers licensed by county/
city supervising authorities shall have the agricultural
production detail data book denoting the product produced,
name of market and quantity supplied.
3. Shipper: shall have the purchasing and selling record book,
denoting the product name, quantity, and product origin or
delivering destination.
4. Agricultural product importer: shall have the imported
agricultural products quarantine approval documents and
purchasing record book with denoting the product name,
quantity, and product origin.
Article 19
expunge
Article 20
The farmers as direct retailers who are admitted by Article 21
paragraph 2 of the Said Law are limited to those who are able to
prove the products are produced by their own.
Article 21
The determination of auction, bargaining, fixed pricing and
tendering, specified in the Article 25 of the Said Law shall be
opened to the public.
Article 22
The management fee standard for performing grading and packaging
business by the agricultural wholesale market regulated in the
Article 26 of the Said Law shall report and subject to the
approval of the municipal or county/city supervising authorities.
Article 23
The agricultural wholesale market management fee, specified in
Article 27 of the Said Law, shall be determined on the basis of
the following qualifications and subject to approval of the
municipal or county/city supervising authorities:
1. Fresh fruits and vegetables shall not over 50/1,000 of sales
value.
2. Livestock (meat products) shall not over 25/1,000 of sales
value.
3. Poultry shall not over 20/1,000 of sales value.
4. Fishery products shall not over 40/1,000 of sales value.
5. The rates for other designated agricultural products are
publicized by the supervising authority.
The above mentioned management fee shall be counted on the basis
of transaction value and paid evenly by sellers and buyers. The
municipal or county/city supervising authorities shall
periodically check revenue balance sheets of agricultural
wholesale market, and if necessary, it can adjust the management
fee within the limitation of the regulation specified in
Paragraph 1 of the Said Law.
Article 24
The term “retail market of agricultural products” specified in
Article 32 indicates the individually owned market with fixed
stands mainly selling the fresh agricultural products.
Article 25
A person who is abolished the permit(s) specified in the Article
30-37 of the Said Law their registration shall be canceled and
publicized.
Article 26
The format of agricultural wholesale market operating permit(s),
and shipper’s permit(s) shall be designated by the central
supervising authority and issued by the municipal or county/city
supervising authorities.
Article 27
The date of implementation of this bylaw shall be determined by
the central supervising authority.
The amended Article(s) of the Said Law shall be effective on the
day of promulgation. |