Regulations Governing Management over Agricultural Product Marks

 

  • Containing ten articles in total, enacted and promulgated by the Council of Agriculture, Executive Yuan under Order Nung-Ke-Tze 0960020626 dated June 29, 2007
  • Article 7 and Article 3 amended and promulgated by the Council of Agriculture, Executive Yuan under Order Nung-Ke-Tze 0980020265 dated February 3, 2009, as provided in Appendices 1~3.
 
Article 1   
These Regulations are duly enacted in accordance with Article 12, Paragraph 2 of the Agricultural Production and Certification Act (hereinafter referred to as the Act).
 
Article 2   
The Agricultural Product Marks are classified into three categories below:
1.  Good Agricultural Product Marks:  Certifying that the agricultural products and the processed products thereof satisfactorily live up to the requirements set forth in Article 4, Paragraph 2 of the Act.
2.  Organic Agricultural Product Marks: Certifying that the agricultural products and processed products thereof satisfactorily live up to the requirements set forth in Article 5, Paragraph 2 of the Act.
3.  Traceability-based Agricultural Product Marks:  Certifying that the agricultural products satisfactorily live up to the requirements set forth in Article 7, Paragraph 2 of the Act.
 
Article 3   
The specifications of the Agricultural Product Marks defined under Paragraphs 1~3 of the preceding Article are provided in Appendices 1~3.
 
Article 4   
The duration of using  the Agricultural Product Marks is in length equivalent to the validity duration of certification.
 
Article 5   
Where the agricultural products and processed products thereof satisfactorily pass certification by the certification body, the operators of such agricultural products are permitted to use the Agricultural Product Marks of the specified categories.
The certification body shall be responsible for management over the Agricultural Product Marks.  The agreements executed by and between the certification body and the agricultural product operators shall expressly bear the specifications governing labeling, usage  and relevant management with the Agricultural Product Marks.
 
Article 6   
The Agricultural Product Marks shall be labeled in the conspicuous positions of the agricultural products and processed products thereof, the packaging or containers thereof and shall be used in the requirements:
1.  The Marks shall be labeled at the front side of packaging or containers of every retail unit.  Only one Mark shall be used onto the same category agricultural products.
2.  Where agricultural products are packed with inner, outer packaging or containers, the Marks shall be labeled at the conspicuous positions of the outer packaging or containers.  The inner packaging or containers shall be labeled one by one for the retail unit set forth in the preceding paragraph.
3.  Where the same agricultural products and processed products thereof have obtained the rights to use Agricultural Product Marks of different categories, such Agricultural Product Marks may be labeled simultaneously.
 
Article 7   
The dimensions of Agricultural Product Marks may be duly adjusted based on the sizes of the agricultural products and agricultural processed products, the front side dimensions of their packaging or containers and shall be in a dimension not smaller than 1.7 cm in diameter.  In case of a restriction in packaging or containers as agreed upon by the certification body, nevertheless, the dimensions are free of the restriction of 1.7 cm diameter minimum.
 
Article 8   
Where an Agricultural Product Mark is provided by gluey sticker, the certification body shall print the Agricultural Product Marks onto the not reusable labels which may be provided to the agricultural product operators into use.
Where an Agricultural Product Mark is printed onto the packaging or containers of agricultural products and processed products thereof, the agricultural product operators shall have their own designs for packaging or containers approved by the certification body before printing.  This same process shall be required in case of a change.
 
Article 9   
Where an agricultural product operator suspends or is prohibited from using an Agricultural Product Mark in accordance with Article 24, Paragraph 2 of the Act or under the Agreement, such agricultural product operator shall discontinue the use of the Agricultural Product Mark.  The certification body shall then immediately assign personnel to check and verify the inventory volumes of product agricultural products and the processed agricultural products, the packaging or containers thereof and shall, meanwhile, adopt commensurate measures which the agricultural product operators shall not shirk, impede or reject.
 
 
Article 10 
These Regulations come into enforcement upon the date of promulgation.
出處:Agriculture and Food Agency, Council of Agriculture, Executive Yuan, R.O.C(TAIWAN)
site:http://www.afa.gov.tw/eng/index.php?act=article&code=print&ID=&ids=478&date_start=