Administrative Regulations For Food Dealers

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=M0030031

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Article 1


This set of regulations is formulated pursuant to provisions of Paragraph 3 of Article 10 of the “Food Administration Act” (hereinafter referred to as the “Act”).


Article 2


Food dealer and its branches may only open for business after completing its food dealer registration to the competent authority.
The competent authority may authorize each branch of Agriculture and Food Agency, Council of Agriculture (hereinafter referred to as the “ Branch ” )under its jurisdiction to deal with matters of above-mentioned establishment registration and others .


Article 3


The types of food business are classified as follows:
1.Sale: refers to retail and wholesale.
2.Broker.
3.Warehousing.
4.Processing: refers to rice hulling, rice milling, rice flour milling, flour grinding.
5.Export and import


Article 4


For the application of establishment registration, the food dealer and its branches shall fill out application form (as Attachment), attach with following documents and pay the registration fee to the local competent Branch:
1.Business organization:

1.1 Sole proprietorship or partnership: business registration documents and identity card photocopy of the person in charge. A partnership organization shall submit photocopies of partners ’ identity cards and copy or photocopy of the partnership contract.

1.2 Company: company registration documents and identity card photocopy of the person in charge.

1.3 Cooperatives and farmers' associations: the establishment, license or alternation documents approved by the competent authority and identity card photocopy of the person in charge.
2.Business content:

2.1 Processing: factory registration documents.

2.2 Warehousing: photocopy of building occupation permit.

2.3 Import or export: importer/exporter registration documents .


Article 5


Applicant may entrust local food-related trade association or group to conduct the application specified in the preceding article.


Article 6


Food dealer of similar business in the same municipality or county (city) shall not use the same or similar names.
Food processing plants shall not repeatedly apply for the registration of food processing business.


Article 7


The food dealer and its branches shall open their businesses in the registered address within six months after the completion of registration.


Article 8


In case of any registration change, the food dealer and its branches shall, within 15 days after the occurrence of the fact , submit the relevant documents and pay a registration fee to apply for registration change to local competent Branch.


Article 9


In case any omission or error of registration is found, the food dealer and its branches may submit relevant documents to apply for a correction. Whereas omission or error caused by the local Branch, such Branch shall correct it directly.


Article 10


The food dealer and its branches may request its local competent Branch to issue registration certificate document.
A fee shall be paid for the application of registration certificate document issuance.


Article 11


Food dealer and its branches which have suspended business for a month or more shall apply business suspension registration prior to suspending business, and shall apply for business resume registration before the resumption of business.
Unless there are legitimate reasons which are approved by local competent Branch, the period of business suspension referred to in the preceding paragraph shall not exceed one year.


Article 12


Upon closing business, the food dealer and its branches shall apply business close registration to the local competent Branch within 15 days.
The local competent Branch may publically cancel the registration of food dealer who fail to apply business close within the prescribed time-limit.


Article 13


The competent authority shall disclose the registered items of food dealer and its branches in information website for inspection.


Article 14


Food dealer and its branches shall, in accordance with the provisions of Commercial Group Act, join relevant local food association within one month after opening business.


Article 15


For the implementation of Article 12 of the Act, the competent authority may apply to the Executive Yuan to announce management issues and to conduct the audit business specified in Paragraph 4 of Article 11 of the Act to request the food dealer to fill out relevant information.
Information provided by food dealer based on the provisions of Paragraph 1 of Article 11 of the Act shall be recorded according to its operating food business categories, records of purchasing , selling, storing, processing or brokering quantity.


Article 16


The food dealer and its branches shall, upon identifying its foods sold in markets are hazardous and risky to consumer safety and health, voluntarily recall or stop selling them, and should submit relevant information and lists of recalling trade names, recalling sites, recalling time, estimated recalling quantity along with inspection reports to the competent authorities and local municipality, county (city) health authorities.


Article 17


This set of regulations shall take effect on December the 18th, 2014.