Article 1
This Implementation Rule is in pursuant to Article 14 Item 3 of the Agricultural Products Market Transaction Act (hereinafter referred as Said Act).
Personnel, financial, and business management of Agricultural product wholesale market are stipulated by this Regulation. Other pertinent laws are applicable for issues not specified within this Regulation.
Article 2
Agricultural product wholesale market (hereinafter referred as Market) types and operating items are as following:
- Fruits and vegetables Market: vegetables and fruits.
- Livestock (meat products) Market: pork, beef, and mutton…etc.
- Poultry Market: chicken, duck, and goose…etc.
- Fish Market: fish, shellfish, testacean, algae…etc, and aquatic products.
- Other Market: operating items are specified by competent authority’s promulgation.
- Multiple-operating Market: operating 2 or more than 2 items of above Market.
Article 3
The market is divided in classes; the classification schedule is referred as appendix 1.
Fruits and vegetables, livestock, poultry, and fish market classification is approved and designated by local competent authority; other market and multiple-operating market classification is approved and designated by central competent authority.
CHAPTER 2: EQUIPMENT AND OPERATING
Article 4
Market shall equip the following facilities:
- Fruits and vegetables Market:
- Basic facilities: shall have transaction facilities (transaction fields, transaction tools, quotation boards…etc), transportation facilities (conduction machines, transport vehicles…etc), public facilities (offices, telephones, parking lots, safety and fire control facilities…etc), Utility facilities (drinking water, various lighting facilities…etc), and sanitations (lavatories, bathrooms, waste matters cleaning up, disinfections facilities…etc).
- Additional facilities: establishing a suppliers and demanders’ lounge, cleaning, refrigerating, sun-dried fields, dehydrating, processing, classifying, re-selling, backing, arranging facilities, and remained pesticide testing equipments and other necessary facilities depending on realistic needs.
- Livestock (meat products) Market:
- Basic facilities: shall have transaction facilities (transaction fields, mooring areas, transaction tools, quotation boards…etc), public facilities (offices, telephones, parking lots, safety and fire control facilities…etc), Utility facilities (drinking water, rinsing, various lighting facilities…etc), and sanitations (lavatories, bathrooms, waste matters cleaning up, disinfections, sewage disposal facilities…etc); for meat products market, shall have additional refrigerating, and freezing facilities (pre-cooling, refrigerating, freezing rooms), and transportation facilities (slaughtered animal body cold storage vehicles), as for slaughtering operation, shall follow the slaughterhouse establishment regulations to set up related facilities.
- Additional facilities: establishing a suppliers and demanders’ lounge, dividing, classifying, packing facilities, and other necessary facilities depending on realistic needs.
- Poultry Market:
- Basic facilities: shall have transaction facilities (transaction fields, mooring areas, transaction tools, quotation boards…etc), transportation facilities (conduction machines, transport vehicles…etc), public facilities (offices, telephones, parking lots, safety and fire control facilities…etc), Utility facilities (drinking water, rinsing, various lighting facilities…etc), and sanitations (lavatories, bathrooms, waste matters cleaning up, disinfections, sewage disposal facilities…etc).
- Additional facilities: establishing a suppliers and demanders’ lounge, slaughtering, refrigerating facilities, and other necessary facilities depending on realistic needs.
- Fish Market:
- Basic facilities: shall have transaction facilities (transaction fields, mooring areas, transaction tools, quotation boards…etc), transportation facilities (conduction machines, transport vehicles…etc), public facilities (offices, telephones, parking lots, safety and fire control facilities…etc), Utility facilities (drinking water, rinsing, various lighting facilities…etc), and sanitations (lavatories, bathrooms, waste matters cleaning up, disinfections, sewage disposal facilities…etc)
- Additional facilities: establishing a suppliers and demanders’ lounge, ice-making, processing, classifying, re-selling, packing, sanitation inspecting facilities, and other necessary facilities depending on realistic needs.
- Other Market: the central competent authority promulgates its basic and additional facilities.
- Multiple-operating Market: its basic and additional facilities shall conform to the standard of each market.
Article 5
While the market object receive operating permit, it shall begin operating within 6 months. However, the one is unable to begin operating in the specified period may apply to the municipal city, county/city competent authority for an extension with the presentation of sound reasons limited one time only.
Article 6
Fruits and vegetables Market shall have the inspector for remained pesticide test. Livestock (meat products) and poultry Market shall have veterinarians. Fish Market shall have the refrigerating, freezing, and insanitation inspector.
Multiple-operating Market shall follow above rules depending on its operating items.
Article 7
The market shall reject transactions if the product is contaminated, spoiled, or selling prohibited by law.
Article 8
The market shall make operating flows and management regulations taking effect with local competent authority’s approval, also may schedule and perform purchasing or selling projects.
Article 9
The market transactions are as following:
- Transaction as auction:
- Auctioneer states the prices loudly and clearly. If no one top on the highest price for 3 consecutive bits, the one offer the highest price is the buyer; If 2 or more people offer the same highest price, the one who offers the price first is the buyer.
- If the buyers’ price is lower than suppliers’ price, it shall announce that the transaction uncompleted. However, once the supplier agrees with the deal is not included in the situation.
- Transaction as negotiating prices: the market personals join with suppliers and demanders according the current quotations to negotiate the transaction prices. Once the supplier unable to attend the meeting, the market personals represent the supplier to negotiate the transaction prices; If the negotiated price is lower than the price that supplier specified, it shall announce that the negotiation uncompleted.
- Transaction as marking the prices:
- The market personals join with suppliers to mark the selling price of the product, the demanders purchase products as the prices marked.
- 2 or more buyers competing with the same product shall draw lots to determinate the buyer.
- Transaction as entering a bit:
- The market personals join with suppliers to specify and seal up the selling price. If the demander would like to buy after checking the quality, she/he shall write down the offering price then put into the biting-box. The market personals open the bit at the scheduled time. The bit goes to the one written down the highest price; 2 or more buyers written down the same highest price shall draw lots to determinate the buyer.
- Products for entering a bit, if the buyers’ price is lower than suppliers’ price, it shall announce that the bit uncompleted. However, once the supplier agrees with the deal is not included in the situation.
The market make the decision once the transaction has a controversial issue and both sides shall follow the decision.
The main transaction is auction and may perform with mechanic operating methods.
Article 10
The demander who purchases the agricultural product shall pay the bill to the market within 3 days after the transaction date. The market shall make the payment to the supplier within 3 days after the transaction date.
Article 11
After the transaction finished, the buyer shall move products away from transaction fields immediately. If there is a delay of moving, it shall negotiate for the market’s agreement.
The transaction field herein above shall not divide in stalls for suppliers and demanders to use.
Article 12
The market shall report last month’s transaction report to municipal city, county/city competent authority within 10th of each month.
Article 13
The market shall co-operate initiatively to do the agricultural product quotation report business with municipal city, county/city competent authority, and offer related production-marketing and market information to demanders and suppliers.
Article 14
Each market shall schedule and promulgate purchasing, transaction, and slaughtering timing of everyday depending on realistic need.
Article 15
The suppliers brining the products into the market shall label clearly by its type, class, and weight, also the market shall check and accept on the ground immediately.
Article 16
The order of the product transactions, except Item 2 in Article 8 of the Said Act has the priority, are determined by followings:
- In the order of arriving the market.
- Determined by making a draw.
Article 17
When the transaction is completed, the market personnel shall announce names of both sides and the transaction price, the supplier and demander shall not have objections to the determined transaction.
Article 18
Once the transactions of the livestock for internal marketing have completed, the slaughtering shall be proceed in the slaughterhouse referred in the “Regulations for slaughtering management”.
Chapter 3 Management of Wholesalers,
Article 19
Those who apply for wholesalers shall fill out the application form with documents and guaranteed fund to the market.
Herein before the application form and its attached documents,the markets arrange beforehand ,and report to local supervising authority for reference.
Article 20
When the market receives the wholesaler’s application herein before, shall examine and issue wholesaler’s permit,and then report to the local supervising authority for reference. Wholesaler’s permit format is is arranged beforehand by the market,and the market reports it to the local supervising authority for reference.
Article 21
The wholesaler may apply for setting up assistant personnel to the market. The set-up process and management rules shall be arranged beforehand and implement by the market, and report to local supervising authority for reference.
Article 22
The wholesaler who enters the market for transaction shall pay the wholesale “guaranteed fund” ,a standard arranged beforehand by the market.
Article 23
The “guaranteed fund” paid by the wholesaler shall be refunded without interests in case the wholesaler terminate transaction and returns the permit or the permit is abolished, and also clean up the payment.
Article 24
The market shall check the wholesaler’s permit once a year; the result of checking is reported to the local supervising authority for reference.
Article 25
The wholesaler and her/his assistants shall have identification card (ID) to enter the market for transaction. It is not allowed to authorize others to represent her/him or lend out the ID card to others.
The ID card herein before is made and issued uniquely by the market.
Article 26
A wholesaler stops transation unauthorizedly,for one month continuously,without any appropriate reasons so that the market could abolish her/his wholesaler’s permit.
A wholesaler violating the Said Act or the “management rules” specified in Article 8 paragraph 1 of the Said Act, the market may terminate her/his transaction or abolish the wholesaler’s permit depending on the situations.
Abolishing the wholesaler’s permit,the market should proclaim inside,and report to the local supervising authority for reference.
The period of termination of transaction in paragraph 2 shall not exceed one month.
Chapter 4 Management of Human Resource
Article 27
The number of personnel designated in the fruits and vegetables market, livestock (meat products) market, poultry market, fish mark, or other market shall be organized as a table in the range of each market personnel standard amount table (appendix 2) and apply to county/city competent authority for records and inspections; the one in the municipal city shall apply to local competent authority for records and inspections. However, number of personnel designated in the multiple-operating market shall compress each market personal amount in the range of each market personnel standard amount table and apply to county/city competent authority for records and inspections; the one in the municipal city shall apply to local competent authority for records and inspections.
The market had final accounting loss last year shall not supplement new personnel even having vacant positions.
Article 28
The market shall not hire people in charge of operating object, manager, or market manager’s spouse, relatives within third-class, or relative in-laws as an employee.
People in charge of operating object herein above are the member of council, the member of supervisory committee, or the general director in agricultural associations or fishery associations; the member of council or the member of supervisory committee in cooperative associations; the chairman or supervisors in the company.
Article 29
There are office employee and workers in the market as personnel. The duties are separated according to the market personnel duty separation table (appendix 3).
Article 30
To hire market personnel shall follow the market personnel standard hiring qualifications table (appendix 4). The operating object has special need to make its own standard shall apply to local competent authority for approval.
The manager of electronic slaughtering department of the meat product market shall graduated in veterinary, animal husbandry, food product, or hygiene major.
Article 31
The market shall withdraw amounts of certain percentage from total income for human resource expenditures next year. The withdrawing percentage is designated by municipal city, county/city competent authority.
Article 32
Human resource expenditures are including salaries, special pay, retirement pay, lay-off pay, pension for the family of the deceased, disabled, reserved money, or other allowances.
Article 33
The market personnel are paid by unified wages system, pay by hours, everyone’s payment is followed by the market personnel wages standard table (appendix 5). The market manager may receive special pay and the specialist may receive technical allowance every month.
The operating object designates the range and amount of wages discount by working hours, special pay or technical allowance.
Article 34
The market withdraws money for human resource expenditures referred in Article 32 of the Said Act. If there is money left in the end of year, it shall increase market personnel achievement reward. The achievement reward is awarded according to market personnel’s ordinarily evaluation grade.
Article 35
The market personnel shall go through the guarantee procedure, the operating object shall designated the type of guarantee procedures.
Article 36
The market personnel shall be limited as full-time employee and shall not operate industry or business and shall not take position in public or private organization with pay or public position; the one having a public position shall be released from the duty in the market.
Article 37
The operating object shall specify the standards of management, evaluation, promotion, reward, or punishment except regulated by Laws.
Article 38
The market shall set up the consideration council to determine the market personnel’s promotion, evaluation, reward, punishment, and lay-off…etc, related items except the manager.
If the market personnel do not have the illegal behavior or make a serious mistake according to the reward-punishment regulation, the market shall not lay off the personnel.
Article 39
The market shall withdraw part of employee human resource expenditure as the reserved money and save in the individual account for retirement pensions, disabled pensions, the family of the deceased pensions, or lay-off payment. The interests of the reserved money are still a part of reserved money.
Article 40
The market personnel shall be lay-off with payment, if one of the following situations happens:
- The market is dismissed, canceled, rectified, merged, reorganized, or cut down organization scales and unable to keep the position.
- The physical condition is too weak to keep working.
- Taking the sick leave for over than 1 year.
Article 41
The market personnel's retirement procedures are as follows:
- The office employee and the worker with 65 years, the personnel loosed consciousness, or the disabled person unable to fulfill the duty shall be ordered to retire.
- Those who serve in the market for 25 years and above, or office employee with 60 years old and above, the worker with 55 years old and above consecutive serving in the market for 5 years may apply for retirement.
Article 42
The market personnel shall receive the pension for the family of the deceased, if one of the following situations happens:
- Died of the duty.
- Die of a disease.
Article 43
The pension for the retirement, disabled, the family of the deceased, or lay-off payment is basically counted by the salary of last month when she/he was still on position. According to the years served to the market, one and half month salary paid for one full year counted. However, the highest total amount is limited in 45 months’ salaries.
The market personnel die of the duty shall have additional payment of 25% pension for the family of the deceased.
If the reserved money is not enough to pay the pension for the retirement, disabled, the family of the deceased, or lay-off payment, the alternative way is to schedule the budget for the payment. If it is unable to schedule the budget for the payment, it shall make payment sequences and pay the pension for the disabled, or the family of the deceased has the priority.
If the market’s treatment standard is better than the Said Law, it shall follow market’s standard.
Article 44
The market personnel who is undisciplined or dismissed shall not receive laid off payment, pension, or any other payment.
Chapter 6 Financial Managements and Inspections
Article 45
The financial year of the market is from January 1st to December 31st.
Article 46
Names of accounting reports of the market is as following:
- Daily Journal
- Bookkeeping.
- Cash balance sheet.
- Monthly Report
- Balance Sheet.
- Monthly cash balance sheet.
- Income statement.
- Yearly Report (final accounts)
- Business report.
- Balance Sheet.
- Income Statement.
- Each subject’s detail balance sheet.
- Property list catalog.
- The appropriation of revenues.
Article 47
The followings are the due dates of each report of the market:
- Daily Journals are due by next day.
- Monthly Reports are due by the 10th of next month.
- Yearly Reports are due in 3 months after the financial year.
Article 48
Accountants of the market shall not make entries for those reimbursements that are not following the accounting procedures or accounting documentations.
The behavior in above coming from chiefs of the market, accountants of the market shall announce the objection in writing form. If it is not accepted, shall report to municipal city, county/city competent authority to handle it.
Article 49
The budget schedule rules of the market are as following.
- Market budget shall process one every financial year.
- The market shall make business proposal to process list of income-expenditure budget. The next year business proposal and income-expenditure budget shall apply to municipal city, county/city competent authority within 1 month before the end of the financial year for approval and records.
- Each income shall be listed according by business proposal, each expenditure shall basically consider how much the income is.
Article 50
The yearly budgets of the market except human resource expense which is not allow to have cash flows the other subjects’ cash flow in between is limited in 20%. If over this limitation or over total expenditure, shall apply to municipal city, county/city competent authority with reasons describing in details for approval and records.
Article 51
The market shall have the final accounts report in 3 months after the end of the financial year and shall apply to municipal city, county/city competent authority for approval and records.
The final accounts report herein above shall have the project performance and budget execution status in writing descriptions, the changes of budgets shall have approval dates and file numbers.
Article 52
Using the market’s surplus for additional equipments, improve marketing, and business operations shall apply to municipal city, county/city competent authority with relative proposal for the approval.
Article 53
The market shall have the personnel assigned for bill collection or notification.
The market’s lost is due to the personnel, assigned for bill collection or notification, neglect her/his duty shall be punished and shall compensate the loss.
Article 54
The market shall specify financial inspection regulations by itself; the local competent authority shall periodically or randomly does inspection for market’s financial status. The market shall not avoid, interfere, or reject it.
Financial inspection items are as following:
- The budget execution inspection.
- The final accounting of revenue and expenditure process inspection.
- The accounting procedure inspection.
- The cash flow procedure inspection.
- The account handling inspection.
- Assets and equipment handling inspection.
- Other related financial items inspection.
Article 55
The market receiving financial inspection orders or redressing instructions shall proceed with orders practically and imminently, also report the proceeding situations. If there are running difficulties, shall report facts and reasons to competent authority for re-approval.
Chapter 6 Supplemental Provisions
Article 56
The competent authority shall periodically or randomly send personals for consulting, assisting, assessing, and inspecting operation management of the market to reward or press for improving.
Article 57
The formats of documents, forms, account books and cards shall be uniformed and designated by municipal or county/city competent authority.
Article 58
The Said Law shall take effect on the day of promulgation.