These Rules are established pursuant to Article 60 of the Weights and Measures Act (hereinafter referred to as “the Act”).
"Legal measuring instruments" referred to in Article 5 of the Act includes the following:
5.Pressure meters (including sphygmomanometers);
11.Specific gravity meters;
13.Surface area meters;
16.Sound level meters;
18.Other instruments designated by the competent authority.
According to the provisions of Article 7 of the Act, the traceability of measuring instruments used in performing official inspection and testing and that of standard instruments used by verification and/or inspection agencies (institutions) or organizations shall be maintained at laboratories accredited by the Taiwan Accreditation Foundation (hereinafter referred to as “the Foundation”), unless the measuring instruments used for official testing are subject to verification.
Where there are no laboratories accredited by the Foundation for maintaining the traceability referred to in the preceding Paragraph, the requirement for traceability is deemed to be met when a calibration report or relevant certificate is acquired from the National Measurement Institute, a laboratory accredited by an accreditation body having mutual recognition arrangements with the Foundation, or national measurement organizations of foreign countries.
Before the Foundation is established, the traceability referred to in Paragraph One shall be maintained at laboratories accredited by the Chinese National Laboratory Accreditation (CNLA) program established by the dedicated weights and measures authority.
The term “measuring administration activities related to weights and measures" mentioned in Paragraph One, Article 8 of the Act refers to the promotion of statutory units of measurement, the verification and inspection of legal measuring instruments, the check of the business of weights and measures organization, market surveillance, and education/training on metrology.
The term “international system of units (SI)” mentioned in Article 10 of the Act refers to the units defined by the General Conference of Weights and Measures.
The term “academic research and experiment institution" mentioned in Subparagraph 5, Article 12 of the Act refers to the scientific, technical and experimental institutions subordinate to universities, governments and non-profit organizations.
For legal measuring instruments that may be exempted from verification in accordance with Subparagraph 3, Article 15 of the Act, the applicant shall, before the legal measuring instruments are released out of the factory or upon importation, submit an application form describing the trademark, type and serial number, to the dedicated weights and measures authority for examination. Exemption from verification will be granted where it is deemed as qualified.
Exemption from verification for legal measuring instruments as mentioned in the preceding Paragraph shall be limited to five sets of the same type. These instruments shall be labeled or affixed in the prominent place of the body with markings of “for approval purpose.” Where necessary, the dedicated weights and measures authority may conduct examination.
Where the purpose of the legal measuring instruments granted exemption from verification in accordance with Paragraph One is altered in such a way that the conditions for exemption from verification are no longer satisfied, application for verification shall be made for such instruments.
For legal measuring instrument that may be exempted from verification in accordance with Subparagraph 4, Article 15 of the Act, the applicant shall, upon importation, submit an application form together with the import declaration forms to the dedicated weights and measures authority for examination. Exemption from verification will be granted where it is deemed as qualified.
Legal measuring instruments that are granted exemption from verification must be exported, after processing or assembling or in its original forms, by the applicant within six months from the date exemption is granted. An applicant shall report to the dedicated weights and measures authority to close the case by providing related export certificates.
Applicants unable to report to the dedicated weights and measures authority to close the case within the six-month period, they are required to apply to the authority for an extension of up to six months. Further extensions may be applied for if necessary.
If an applicant fails to report to the dedicated weights and measures authority to close the case, or to request an extension in accordance with the preceding two paragraphs, exemption from verification shall be granted only after completion of the reporting or extension procedures.
The expression “a measuring instrument is not manufactured in accordance with the approved type” mentioned in Subparagraph 2, Paragraph One of Article 31 and Subparagraph 1, Paragraph One of Article 32 of the Act shall mean the alteration of structure, materials, or technical characteristics of the approved type or non-compliance with the technical specifications for type approval of measuring instruments.
A weights and measures organization shall follow the appropriate provisions below if their type approved legal measuring instruments meet the circumstances described in Paragraph One, Article 31 of the Act and a time limit is given for recall of the instrument by the dedicated weights and measures authority when the type approval is revoked or rescinded by the authority in accordance with Paragraph Two, Article 31 and Subparagraph 1, Article 33 of the Act:
1.Where the type approval is revoked: the recall shall be made to all legal measuring instruments of the type at issue that have been released out of the manufacturing premises or imported; or
2.Where the type approval is rescinded: the recall shall be made to the batch of legal measuring instruments that are found to be violating the laws and those that have been released out of the factory or imported afterwards.
The application for verification mentioned in Article 39 of the Act shall mean that the manufacturer or importer of measuring instruments apply for verification before displaying, selling, installing or using such instruments. However, if the legal measuring instruments can be verified only after they are installed at the place of usage, application for verification shall be filed after such instruments are installed and before they are put in use.
The check performed by the dedicated weights and measures authority in accordance with Article 42 of the Act shall cover the followings:
1.That the legal measuring instruments comply with the marking or labeling requirements set forth in Article 12 of the Act;
2.That the legal measuring instruments comply with the provisions set forth in Articles 20, 21, 25, 29, 31, 32 or 39 of the Act;
3.That law-violating legal measuring instruments to be recalled within a specified time limit are recalled accordingly in accordance with relevant provisions; and
4.That the legal measuring instrument prohibited from being displayed or sold are not displayed or sold.
A report shall be made for the check conducted in accordance with Article 42 or the investigation conducted in accordance with Article 43 of the Act, and shall be signed by the representative under check or investigation.
When an investigation is conducted in accordance with subparagraph 3, Paragraph Two, Article 43 of the Act and the legal measuring instruments are suspected to be violating regulations, the personnel that conducts the check shall prepare a custody statement and have it signed by the representative under investigation, who may hold these instruments under custody or transport them to a designated storage place. The representative shall also prepare a document specifying sources of these instruments.
These Rules shall take effect upon the date of promulgation.