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Laws and Regulations

Implementing bylaw of Agricultural Products Market Transaction Act

Release date:2009-09-22

Article 1 
This Implementation Rule is in pursuant to Article 42 of the Agricultural Products Market Transaction Act (hereinafter referred as Said Act).


Article 2 
Central competent authority in accordance with Article 3 Item 1 of Said Act specify agricultural products can also specify and promulgate principals, products and services, and related items of wholesale market. 
The term “agricultural products transaction” referred in Article 3 Item 2 of the Said Act is defined as wholesale and resale transactions.

Article 3 
The term “agricultural products transaction” referred in Article 6 of the Said Act is including wholesale, resale, and retail transactions in the process of agricultural products from producing to consumption.

Article 4
The term “monopolized and restrained prices” referred in Article 6 of the Said Act is defined as individuals or groups over purchasing and stocking agricultural products or interfering demand and supply balance of market or reasonable prices. The term “purposely to change quality quantity” is to inject liquids, input unusual contents or agricultural product contents inconsistent with package labels.

Article 5
Farmer’s organization performing joint marketing, the supplying source is limited to the product from farmers directly only as required in Article 7 Item 1 of the Said Act.

Article 6 
The term “wholesale transaction” referred in Article 7 Item 1 Statement 1 refers to the implementation in Article 21 of the said Act.

Article 7 
The term “retail transaction” referred in Article 7 Item 1 Statement 2 specify institutional customs as the object.

Article 8 
The term “area” referred in Article 7 Item 2 is defined as the district area of Hsiang/chen,Township/municipality/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” referred in Article 9 Item 2 is defined as the losses coming from force majeure (act of God) through the process that agricultural products performing joint marketing.

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 ½ 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.

Article 15
If agricultural product market has the profit, except dividends, shall increase additional equipment, improve marketing and operating business, shall not move for other usage.

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 usage fee, by Article 16 in the Said Law, is limited to not over 15 percent of 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
According to Article 21 Item 2 in the Said Law, the farmer as the agricultural product direct retailer is limited to the one with the proof of producing agricultural products.

Article 21
According to Article 25 in the Said Law, to auction, to negotiate prices, to mark the prices, to enter a bit shall invite or perform publicly.

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 for agricultural products” referred in Article 32 is defined as the market(s) mainly establish fixed stands for individual to operate fresh agricultural products retail supply services.

Article 25
According to Article 30-37 in the Said Law, cancellation of permit(s) shall cancel registration and promulgate.

Article 26
The format of agricultural wholesale market operating permit(s), demander’s permit(s), and shipper’s permit(s) shall be designated by central competent authority and printed by municipal city, county/city competent authorities.

Article 27
The date of these Enforcement Rules taking effect shall be determined separately.
The amended Article(s) in Said Law shall take effect on the day of promulgation.


  • Origin:
  • Refresh Date:2018-03-10