| Legislative： |
1.Published by Order Nong-Fang-Zi No.1121495296A dated 25 September
2023 |
| Content： |
Article 1
These Standards are established in accordance with paragraph
2, Article 25-2 of the Plant Protection and Quarantine Act (the
"Act").
Article 2
In any plant quarantine case subject to a fine under subparagraph
6, paragraph 1, Article 24, or Article 25-1 of the Act for failure
to apply for quarantine, the penalties shall not be reduced in
accordance with these Standards when any of the following events
occurs:
1.The fine imposed has not yet been paid in full.
2.A violation of paragraph 1, 2 or 4, Article 17 of the Act for
importing or carrying regulated articles without applying for
quarantine within the past three years.
3.The plant regulated articles imported are live insects, live
plants, live plant seedlings or any article prohibited from
importation under paragraph 1, Article 15 of the Act.
4.The sanctioned party is not a natural person.
Article 3
In any case subject to a fine for failure to apply for quarantine
by an importer, its agent or the recipient in accordance with
subparagraph 6, paragraph 1, Article 24 of the Act, the penalties
may be reduced if the circumstance is minor and meets one of the
following situations:
1.Importation of plant regulated articles for which an exemption
for the provision of a phytosanitary certificate issued by the
plant quarantine authority of the exporting country is publicly
notified in accordance with the provisions of paragraph 1, Article
16 of the Act: When the weight is below 6 kilograms, the lowest
fine amount shall be imposed and be reduced by two-thirds. When
the weight is over 6 kilograms and below 10 kilograms, the lowest
fine amount shall be imposed and be reduced by half.
2.Importation of plant regulated articles other than the previous
subparagraph: When the weight is below 6 kilograms, the lowest
fine amount shall be imposed and be reduced by half.
Article 4
In any case subject to a fine for failure to apply for quarantine
by passengers or personnel of vehicles, vessels or aircraft in
accordance with Article 25-1 of the Act, the penalties may be
reduced if the circumstance is minor and meets one of the following
situations:
1.Importation of plant regulated articles for which an exemption
for the provision of a phytosanitary certificate issued by the
plant quarantine authority of the exporting country is publicly
notified in accordance with the provisions of paragraph 1, Article
16 of the Act: When the weight is below 6 kilograms, the lowest
fine amount shall be imposed and be reduced by two-thirds. When
the weight is over 6 kilograms and below 10 kilograms, the lowest
fine amount shall be imposed and be reduced by half.
2.Importation of plant regulated articles other than the previous
subparagraph: When the weight is below 1 kilogram, the lowest
fine amount shall be imposed and be reduced by two-thirds. When
the weight is over 1 kilogram and below 3 kilograms, the lowest
fine amount shall be imposed and be reduced by half.
Article 5
In any plant quarantine case subject to a fine for failure to apply
for quarantine in accordance with subparagraph 6, paragraph 1,
Article 24 or Article 25-1 of the Act, if the penalties may be
exempt in accordance with the Administrative Penalty Act, the
penalties shall be exempt.
Article 6
These Standards shall enter into force on the date of promulgation. |