Law Name:Commodity Labeling Act

Promulgated by Presidential Decree on January 22, 1982
Amended January 30, 1991 Per Presidential Order
Amended on June 25, 2003 Per Presidential Order

Law Content:


Article 1
           This law is enacted for the purposes of promoting correct and
         proper commodity labeling, safeguarding the good standing of the
         business operators, protecting the rights and interests of
         consumers, and establishing a good commercial practice.
Article 2
           The labeling of commodities shall be effected in accordance with
         the provisions of this Law, unless otherwise provided for in law.
Article 3
           The term "competent authority" as used in this Law shall mean,
         in the case of the Central Government, the Ministry of Economic
         Affairs; in the case of special municipality, the municipal
         government concerned; in the case of a county or a city.the
         county government or the city government concerned.
Article 4
           The following terms as used in this Law are defined as follows:
           1. The term "labeling" as used in this Law shall refer to the
              expressions or descriptions made by the business operators
              on the body, the inner and/or the outer packages, and the
              instruction books or sales literature of any commodity while
              putting such commodity to display for sale thereof.
           2. The term "business operator" as used in this Law shall refer
              to any person who engages in the business of production,
              manufacture, import and/or sale of commodities.
Article 5
           Commodity labeling shall be characterized by the conspicuousness
         of the manner of labeling, and the consistency of the contents
         thereof.
           Where the body, or the inner and/or outer packages of a commodity
         are not suitable for commodity labeling because the commodity is
         too small in size, or is to be sold in bulk, or otherwise is special
         in nature, labeling of this kind of commodities shall be made in
         conspicuous manner to the extent sufficient to be identified by
         consumers.
Article 6
           The labeling of commodities shall not have any contents of the
         following nature:
           (i)   containing incorrect, false and/or misleading information
                 or claims;
           (ii)  violating the mandatory and/or prohibitive requirements set
                 out in laws;
           (iii) contrary to public order or good morals.
Article 7
           In labeling commodities, the written words shall be written
         primarily in the Chinese language and may be supplemented by English
         language or any other foreign language(s).
           Where the matter(s) contained in the commodity labeling can
         hardly be described in a proper manner with Chinese language, such
         matter(s) may be labeled using internationally accepted words or
         symbols.
Article 8
          When an imported commodity is introduced for sale on domestic
        market, labeling and instruction book or sales literature written
        in Chinese language shall be added to the commodity by the importer
        of such commodity provided that the contents thereof shall not be
        simpler or so condensed than the contents of labeling made by the
        place of origin of such commodity.
          The name/title and the address of the foreign manufacturer of an
        imported commodity to be labeled shall not be written in Chinese
        language.
Article 9
          Where a commodity is introduced for sale on the market, the
        following particulars shall be labeled for the commodity by the
        producer, manufacturer or importer of such commodity:
          1. Name of the commodity;
          2. Name, telephone number and address of the producer or
             manufacturer, the place of origin of the commodity, and the
             name, telephone number and address of the importer in the
             case of imported commodity;
          3. Contents or composition of the commodity:
             (1) Major components/ingredients or materials;
             (2) Net weight, volume or quantity, or measurements which
                 shall be labeled  in statutory measuring units, other
                 measurements may be added , when it is deemed necessary;
          4. Date of manufacture in Chinese calendar or Gregorian calendar;
             and the expiration date or the term of validity, if the
             commodity has a limited duration of storage; and
          5. Other particulars as required by the Central Government Competent
             authority.
Article 10
            Where a commodity is under any of the following circumstances,
          the scope of application, the date of expiration, the methods of
          use and storage of such commodity, and other points requiring
          attention shall be indicated :
            (i)   hazardous or dangerous in nature;
            (ii)  related to health and safety;
            (iii) having special characteristics or requiring special handling.
Article 11
            For specific commodities, the Central Competent Authority may,
          under the condition not to prejudice the proper labeling of the
          commodity and the interests of consumers, specify, per public
          notice, the particulars which must be contained in the labeling
          thereof and the methods of labeling, and such specific commodities
          may be free from the application of the provisions set out in
          Article 5 and Articles 8 through 10 of this Law.
Article 12
            Sales business operators should not sell or display with intent to
          sell commodities which are not labeled in accordance with the
          provisions set out in this Law.
Article 13
            The Competent Authority in a municipality government or a
          county (city) government shall be entitled to conduct a spot check
          ,on a non-periodical basis, against any commodity circulating on
          the market, to which spot check the sales business operators shall
          not evade, impede or otherwise repudiate, and instead they shall
          provide the relevant information pertaining to the supplier(s) of
          such commodity.
            Officials or personnel of such Competent Authority shall show
          their respective credentials, while conducting the spot check(s)
          as set forth in the preceding Paragraph.
Article 14
            Where a commodity is under any of the circumstances set forth in
          Article 6 of this Law, the Competent Authority under a special
          municipality or Hsien (city) government shall require, by giving
          a notice, the producer, manufacturer or importer of such commodity
          to rectify such defect within a given time limit; and if the
          producer, manufacturer or importer fails to do so upon expiry of
          the said time limit, it shall be imposed with a fine in an amount
          not less than New Taiwan Dollar Thirty Thousand (NTD 30,000) but
          not more than New Taiwan Dollar Three Hundred thousand (NTD 300,000),
          which fine may be assessed consecutively on a time-by-time basis
          until a satisfactory correction of such default; and the said
          producer, manufacturer of importer of such commodity may be
          suspended, by an administrative order, from doing business for a
          period of not more than six (6) months or a closedown of business
          operation, in the case of a serious violation of this Law.
Article 15
            Where a commodity circulating on the market is found to be under
          any of the following circumstances, the Competent Authority under a
          special municipality or county (city) government, as the case may be,
          shall require, by giving a notice, the producer, manufacturer, or
          importer to rectify such defect within a given time limit; and if
          the producer, manufacturer, or importer fails to do so upon expiry
          of the given time limit, it may be imposed with a fine in an amount
          not less than New Taiwan Dollar Twenty Thousand (NTD 20,000) but not
          more than New Taiwan Dollar Two Hundred Thousand (NTD 200,000), and
          this fine may be assessed consecutively on a time-by-time basis until
          a satisfactory correction of such default:
            1. Where the labeling of the commodity is made in a manner
               contrary to that as required in Paragraph One, Article 7 of
               this Law;
            2. Where labeling and/or instruction booklet written in Chinese
               language are not provided as required in Paragraph One, Article
               8 of this Law;
            3. Where the labeling of the commodity is not made in accordance
               with the requirements set forth in Article 9 of this Law;
            4. Where the labeling of commodity is not made in accordance with
               the requirements set forth in Article 10 of this Law; or
            5. Where the specific particulars of labeling as required by a
               public notice given by the Competent Authority under Article 11
               are not provided.
Article 16
            Where a sales business operator has violated the provisions set
          out in Article 12 of this Law by selling or displaying with the
          intent to sell any commodity not labeled in accordance with the
          provisions of this Law, the Competent Authority under the
          appropriate special municipal or county (city) government may notify
          the said sales business operator to stop selling or displaying such
          commodity within a given time limit; and may order the said business
          operator to immediately cease to sell or display such commodity, if
          the said commodity will cause immediate harm to the human body or
          health.  If the said sales business operator refuses or disobeys such
          instruction or order, he shall be imposed with a fine in an amount
          not less than New Taiwan Dollar Twenty Thousand (NTD 20,000) but not
          more than New Taiwan Dollar Two Hundred Thousand (NTD 200,000), and
          this fine may assessed consecutively on a time-by-time basis until
          the discontinuation of such displaying and/or selling act.
Article 17
            A sales business operator who has violated the provisions set
          out in Paragraph One, Article 13 of this Law by evading, impeding
          or repudiating the spot check or refusing to provide relevant
          information pertaining to the commodity in question shall be
          imposed with a fine in an amount not less than New Taiwan Dollar
          Twenty Thousand (NTD 20,000) but not more than New Taiwan Dollar
          Two Hundred Thousand (NTD 200,000), and this fine may be assessed
          consecutively on a time-by-time basis.
Article 18
           In enforcing the penal provisions set out in Article 14 through
         Article 16 of this Law, the Competent Authority may, when necessary,
         publish, on mass communication media, the name and address of the
         law-violating sales business operator, and the commodity in question,
         or may take any other necessary punitive measures.
Article 19
           In case a violator has been required, per a notice, to pay the
         fine imposed upon him under this Law within a time limit but fails
         to make such payment upon expiry of the given time limit, the case
         shall be referred to the court for compulsory execution by law.
Article 20
           For the purpose of enforcing the provisions of this Law, the
         Central Government Competent Authority may set up a Commodity
         Labeling Examination Committee to examine matters relating to
         commodity labeling and what must be indicated on labels.
Article 21
           This Law shall come into force after elapse of one full year from
         the date of its promulgation.