Criteria for Determining the Number of Administrative Penalty of the Act Governing Food Safety and Sanitation

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=L0040128

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Article 1


These Criteria are prescribed in accordance with Article 55-1 of the Act Governing Food Safety and Sanitation (hereinafter “the Act”).


Article 2


Any person who has the obligations not to manufacture, process, prepare, package, transport, store, sell, import, export, present as a gift or publicly display certain articles under the Act and violates such obligations, the number of administrative penalty shall be determined pursuant to the following criteria:
1. Acts in different days.
2. Articles under different items.
3. Acts or articles in different sites.
4. The number of the infringed parties.
5. The deadline to make corrections within a prescribed time period.
6. Others matters designated by the competent authority.


Article 3


Any person whose acts violate the advertisement restrictions under Article 28 of the Act, the number of administrative penalty shall be determined pursuant to the following criteria:
1. Products under different items.
2. Advertisements of different versions.
3. The number of different publishing and broadcasting media.
4. Publishing and broadcasting in different days.


Article 4


When determining the number of administrative penalty under the preceding two Articles, the circumstances specified in the following subparagraphs shall be taken into consideration:
1. The motive and intent of violation.
2. The means of violation.
3. The impact degree of obligation violation.
4. The harm and damage caused by obligation violation.


Article 5


Any person who has the obligation to act under the Act but fails to act, and such violation persists, it shall be regarded as one and single act when the administrative disposition made by the competent authority in imposing an administrative penalty serves upon the actor.
If such actor continues not to act after the above administrative disposition by the competent authority serves, it shall be regarded as another act.


Article 6


Any person who has the obligations to endure the entering the place of manufacturing, processing, preparation, packaging, transportation, storage and sales, performing on-site examination and conducting sampling and testing by the competent authority under the Act but evades, impedes or refuses to do so, it shall be regarded as one and single act if such evading, impediment or refusal pertains toexamination or test requests for the same administrative purpose in same day. This Article shall apply to examination or test requests regarding the same content pursuant to different laws or regulations.


Article 7


These Criteria shall be implemented from the date of promulgation.