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Operating Guidelines in Response to the Inspection and Sampling Test Results of Organic Agricultural Products and Organic Agricultural Processed Products

Duly enacted under Order Nung-Liang-Tze 096106824 dated September 20, 2007  
Amended under Order Nung-Liang-Tze 1011054130 dated July 30, 2012 
 
1. These Operating Guidelines are duly enacted by the Council of Agriculture (hereinafter referred to as COA) in an effort to enhance safety management over organic agricultural products and organic agricultural processed products, set definite norms over the measures in response to the inspection and sampling test results so as to put into effect thoroughly requirements set forth in Article 14, Paragraph 3 of the Agricultural Production and Certification Act (hereinafter referred to as the Act). 
 
2. Where the organic agricultural products and organic agricultural processed products are found in the first time based on the inspection, sampling, and testing results unsatisfactory to the requirements set forth in the Act, penalty shall be imposed upon the agricultural product operator in accordance with this Act as the actual situations may justify at the lowest penalty amount specified by law. If the operator is found to repeat the offense against the Act within one year, a penalty added by one half extra shall be imposed and the penalty shall be progressively accumulated for each additional offense.  The maximum of the penalty shall, nevertheless, not exceed the highest amount specified by law. Fine determination criteria of preceding penal provision, see annex. 
 
3. In the event where the organic agricultural products and organic agricultural processed products are found at a place beyond Article 14, Paragraph 1 of the Act based on the inspection, sampling, and testing results unsatisfactory to the requirements set forth in the Act, the competent authority may, in addition to penalty imposed in accordance with the Act, prohibit the operator from moving the products out of the place and order the operator to complete corrective actions within the specified time limit. 
 
4. Where the organic agricultural products and organic agricultural processed products are found at a shelf for sale based on the inspection, sampling, and testing results unsatisfactory to the requirements set forth in the Act, the 
competent authority may order the agricultural product operator to remove the agricultural products out of the shelf in full within one day after receipt of the notice and to complete recall of the agricultural products within ten days. 
 
5. The agricultural product operator shall have the unsatisfactory organic agricultural products and organic agricultural processed products recalled from market after receipt of the notice and shall submit a written report to the municipality, county (city) competent authorities of the performance in recall within fifteen days. The contents of the report shall include the following: 
(1) The number of the downstream operators who have been notified, date and method of notice. 
(2) The number of responding operators, the products and quantities which call for disposal, including names, weights, contents, batch codes of the products. 
(3) The number of non-responding operators. 
(4) The products and quantities which have been recalled, including names, weights, contents, batch codes of the products. 
 
6. In the event that the organic agricultural products and organic agricultural processed products recalled in accordance with Paragraph 4 prove to have contained remaining chemical insecticides (pesticides), chemical fertilizer, animal pharmaceuticals or other chemicals beyond the remaining safety tolerance promulgated by the competent authority of health, the agricultural product operator shall have them destroyed within forty days after receipt of the notice and shall inform the local municipality, county (city) competent authorities to accompany the destruction five days prior to scheduled destruction. 
 
7. The municipality, county (city) competent authorities shall serve a duplicate copy about all acts having been taken under the Act to the Central Government level competent authorities. 
 
8. The results of the inspection, sampling, and testing conducted upon the organic agricultural products and organic agricultural processed products shall be promulgated in the following manners: 
(1) The competent authorities may promulgate to public the name, address of the agricultural product operator, names of the organic agricultural products and organic agricultural processed products and facts of breach if the agricultural product operator breaches requirements set forth in Article 13 of the Act, or fails to follow the labeling requirements under Article 4, Paragraph 2; Article 5, Paragraph 2; Article 6, Paragraph 2; Article 7, Paragraph 2 and Article 7, Paragraph 3 or makes untrue labeling. 
(2) In the event that the agricultural product operator breaches the requirements and applies for a recheck, the aforementioned particulars may not be promulgated for the time being. The competent authorities shall duly act in accordance with the preceding paragraph after the recheck results are confirmed. 
 
9. In the event that the results of inspection, sampling, and testing or recheck prove that an agricultural product operator has violated requirements set forth in Article 13 of the Act, and that the certification body issues a supporting certificate proving that the violation results from the untrue labeling of the content of the organic materials which contain remaining chemical insecticides (pesticides), chemical fertilizer, animal pharmaceuticals or other chemicals, or that the violation is not attributable to the agricultural product operator, the agricultural product operator is exempted from penalty in accordance with Article 7, Paragraph 1 of the Administrative Penalty Act.  

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  • Origin:Farm Chemicals and Machinery Division
  • Refresh Date:2018-08-03