Legislative: |
1.Enacted and promulgated by Order Ching-Piao-Tzu No.09204609850 of the Ministry of Economic Affairs on August 6, 2003 2.Articles 3 and 4 amended and promulgated by Ministerial Order on May 25, 2009 3.Articles 3, 7, 12, 13, 17 and 18 amended and promulgated by Ministerial Order on April 12, 2011 4.Articles 2, 3, 4, 7, 12, 13, 15, 17, 18 and 19 amended and promulgated by Ministerial Order on October 22, 2014 |
Content: |
Article 1
These Regulations are enacted pursuant to Paragraph 3, Article 22 of the Weights and Measures
Act (hereinafter referred to as "the Act").
Article 2
The verifications following terms used in this Regulation are defined as follows:
1.Initial Verification” A legal measuring instrument subject to verification conducted before
the measuring instrument is released from the factory or at the time of import. When agreed by
the dedicated weights and measures authority, the verification can be conducted after the
measuring instrument has been installed or in its use.
2.“Re-verification” A legal measuring instrument subject to verification conducted when the
validity period of the previous verification expires or after the measuring instrument has been
repaired, adjusted or remodeled or in its use.
The verification defined in the preceding Paragraph is limited to those brands and types of
measuring instruments manufactured or imported by the corresponding manufacturers or importers,
and sold in their own names or under their authorization.
Article 3
To apply for self-verification, the applicant shall meet the following qualification:
1.Granted license of measuring instrument manufacturer or importer;
2.The production factory that manufactures the measuring instruments subject to self-verification
shall be certificated and granted a CNS 12681 (ISO 9001) quality management system certificate
issued by a certification body accredited by a signatory of the IAF MLA (International
Accreditation Forum Multilateral Recognition Arrangement) on behalf of the Republic of China; the
scope of certification and registration shall cover the production of the measuring instrument
applying for self-verification,and shall cover the maintenance and repair of the measuring
instrument in case the verification scope also include re-verification.
The applicant as referred to in the preceding paragraph shall have a testing laboratory in the
Republic of China and fulfill the following requirements:
1.The verification equipments of the testing laboratory shall meet the technical specifications
for verification and inspection of measuring instrument;
2.The testing laboratory shall be accredited and granted an accreditation certificate issued by a
signatory of the ILAC MRA (International Laboratory Accreditation Cooperation Mutual Recognition
Arrangement) on behalf of the Republic of China; the scope of accreditation shall cover all the
verification items of the measuring instrument applying for self-verification; and
3.The testing laboratory shall set up a laboratory director and verification technicians meeting
the following qualifications:
(1)The laboratory director shall fulfill the qualification for Class A metrological technician
with a certificate issued by the dedicated weights and measures authority;
(2)Verification technicians shall fulfill the qualification for Class B metrological technician
with a certificate issued by the dedicated weights and measures authority.
The technical supervisors mentioned in item 1, subparagraph 3, paragraph 2 shall fulfill the
qualification for Class A metrological technician engineer with a certificate issued by the
dedicated weights and measures authority prior to December 31, 2015.
The technical supervisors that fail to receive the certificates of Class A metrological technician
engineer are allowed to perform their duties until the date set in preceding paragraph, if they
graduated from college or university and major in science or engineering, and have been engaged
in relevant testing work for three years.
Article 4
To apply for self-verification, the applicant shall fill in the application form, pay the licensing
fee and certification fee, and submit the application form together with the following documents to
the dedicated weights and measures authority:
1.Photocopy of the business license of measuring instrument manufacturer or importer;
2.Photocopy of the production factory quality management system certificate;
3.Photocopy of the testing laboratory accreditation certificate;
4.List of verification equipments;
5.On-job certificate of the laboratory director and verification technicians; and
6.Photocopy of the qualification certificates of the laboratory director and verification
technicians.
A quality management system certificate, issued under the Mutual or Multilateral Recognition
Arrangements and conformed to the requirements in Subparagraph 2, Paragraph 1, article 3, may be
submitted in place of related documents mentioned in Subparagraph 2, Paragraph 1. An applicant shall
provide a signed declaration stating that the copies of the documents mentioned above are identical
to the originals or current situation. If necessary, the dedicated weights and measures authority may
require the applicant to present the original documents for verification.
Article 5
When an applicant as referred to in the preceding Article establishes several testing laboratories in
different places to conduct verification, they shall apply for self-verification in respect of each
laboratory.
Article 6
After the dedicated weights and measures authority has received an application for self-verification,
reviewed all application documents and found that the application has been deemed as unqualified, a
specified time duration shall be set for correction; when correction is not accomplished within the
specified time duration, the application shall be rejected and the certificate fee be returned.
Where the application referred to in the preceding Paragraph is deemed as qualified after the dedicated
weights and measures authority has completed reviewing all application documents, the dedicated weights
and measures authority shall issue a permit for self-verification of measuring instrument enterprises.
A permit certificate as referred to in the preceding Paragraph shall record the categories, scope,
production factory and testing laboratory of the measuring instrument subject to self-verification;
and the self-verification conducted by measuring instrument enterprises shall not conduct verification
not recorded on the permit certificate.
Article 7
The validity period of a self-verification permit of measuring instrument enterprise is three years
commencing from the date of issuance; from three month before the validity period expires to the
expiration date, the original applicant may prepare an application form and submit it together with
the permit fee and certificate fee as well as the documents listed in the Subparagraphs of Article 4
to the dedicated weights and measures authority to apply for extension; where the qualification is
deemed as qualified after the process of examination, a replacement permit certificate shall be issued.
The validity period of a replacement permit certificate as referred to in the preceding Paragraph is
three years commencing from the day following expiration of the validity period of the original permit
certificate. Nonetheless, where application is filed within one month before the original validity
period expires and the replacement is not finished before expiration of the original validity period,
the validity period of the replacement permit certificate shall be three years commencing from the day
of issuance.
Article 8
The measuring instrument enterprises entitled to conduct self-verification shall, in accordance with
the technical specifications for verification and inspection of measuring instrument, conduct the
verification against all of their measuring instruments one by one, as the provisions set forth in
Article 11 and Subparagraphs 2~6 of Article 13 of the Regulations Governing Verification and
Inspection of Measuring Instrument.
Article 9
The measuring instruments passed in self-verification shall be affixed with a verification mark, which
is composed of a square Chinese character " " and a self-verification permit number; the ratio of the
lines and spaces of the character " " thereinto shall be 1:2, and the self-verification permit number
shall be closely right under the " " character.
Article 10
The measuring instrument enterprises entitled to conduct self-verification shall fabricate and use the
verification mark in accordance with the following provisions:
1.Fabricate verification mark by themselves according to the patterns prescribed in the preceding
Article and the format prescribed by the dedicated weights and measures authority; wherein the content
shall be clearly distinguishable and unlikely to wear away;
2.Carry out the verification mark management system;
3.Attach the verification mark to the instruments as prescribed in the technical specifications for
verification and inspection of measuring instrument; and
4.Check up and destroy the verification mark marked with validity period that are not used by end of
the calendar year within the next month, jointly with the personnel dispatched by the dedicated weights
and measures authority at the request of the measuring instrument enterprise.
Before fabricating the verification mark referred to in the preceding Paragraph, the measuring instrument
enterprises shall submit samples and the commencing and terminating numbers to the dedicated weights and
measures authority, and then begin fabrication only after they are deemed as qualified after the process
of examination.
Where a self-verification permit is cancelled or abolished, or the validity period of the self-verification
permit expires and the measuring instrument enterprise doesn’t or fails to apply for renewing of the
permit, the enterprise shall, within one month following the invalidation or expiration of the permit,
request the dedicated weights and measures authority to dispatch personnel to jointly check up and destroy
the verification mark that are not used up till the invalidation or expiration; otherwise, the authority
shall directly make known to the public per public notice of the cancellation of such verification mark.
Article 11
The measuring instrument enterprises entitled to conduct self-verification shall, before the tenth day
of the following month, submit a monthly report and pay verification fee to the dedicated weights and
measures authority according to the quantity of the instruments verified.
The monthly report referred to in the preceding Paragraph shall record the serial numbers of the verified
measuring instrument and the corresponding verification mark; and the format of such report shall be
prescribed by the dedicated weights and measures authority.
Article 12
To newly appoint a director or verification technician of testing laboratory within the period of
permitted self-verification, the measuring instrument enterprises entitled to conduct self-verification
shall follow the provisions set forth in Subparagraph 3, Paragraph 3, or Paragraph 5 of Article 3; and
shall, within ten days commencing from the day following the accession, make a report to the dedicated
weights and measures authority for reference.
Article 13
In case of alteration of address, name of company/firm, organization, the measuring instrument
enterprises entitled to conduct self-verification shall prepare an application form and submit it
together with the certificate fee, the reserved copy of the original permit certificate, and the
photocopy of other related documents to the dedicated weights and measures authority to apply for
replacement of self-verification permit.
In case of alteration of the production factory or the address of the production factory, or the
address of the testing laboratory, the measuring instrument enterprise entitled to conduct
self-verification shall prepare an application form and submit it together with the certificate
fee, the reserved copy of the original permit certificate, and the photocopy of other related documents
to the dedicated weights and measures authority to apply for replacement of self-verification permit;
and may not conduct self-verification unless the application is approved and a replacement permit is
granted.
Where a measuring instrument enterprise entitled to conduct self-verification increases the categories
and/or scope of the measuring instruments subject to self-verification, or changes the principal of
the company/firm, it shall reapply for self-verification according to the provisions of Article 4.
In case of alterations mentioned in the preceding three paragraphs, a measuring instrument enterprise
entitled to conduct self-verification shall submit application within a given time limit according
to the following items,
1.Under the circumstance as described in Paragraph 1, or of changing the principal of the company/firm
in the preceding Paragraph, the enterprise shall submit the application to the dedicated weights and
measures authority within two months after the alteration.
2.Under the circumstance as described in Paragraph 2, or of increasing the categories and/or scope of
the measuring instruments subject to self-verification as described in the preceding Paragraph, the
enterprise shall submit application to the original accreditation body and/or certification body
for assessment within two months after the alteration, or reapply for assessment in accordance with
the provisions in Article 3, and submit application to the dedicated weights and measures authority
within ten days after passing the assessment and receiving the certificate.
Article 14
The dedicated weights and measures authority may send personnel to the production factories, testing
laboratories or storage places of the measuring instrument enterprises entitled to conduct
self-verification, to conduct sampling test. Nonetheless, if sampling fails twice consecutively at
the aforesaid places, the authority may perform sampling test at the place of selling.
Article 15
Where the validation of type approval of a kind of measuring instrument obtained by a measuring
instrument enterprise entitled to conduct self-verification is revoked or abolished by the dedicated
weights and measures authority, the enterprise shall no longer verify such measuring instrument by
itself.
Article 16
Where a measuring instrument enterprise obtains a self-verification permit by means of cheat, the
dedicated weights and measures authority shall revoke such permit.
Article 17
Under any of the following circumstances, the dedicated weights and measures authority shall order
the measuring instrument enterprise entitled to self-verification to correct its misconduct within
a given time limit:
1.When the enterprise doesn’t fabricate or use verification mark in accordance with Paragraph One
or Paragraph Two of Article 10;
2.When the enterprise doesn’t submit monthly report in accordance with Article 11;
3.When the enterprise doesn’t make report for reference within a given time limit in accordance
with Article 12;
4.When the enterprise doesn’t apply for alteration within a given time limit in accordance with
Subparagraph One, Paragraph Four of Article 13;
5.When the enterprise doesn’t apply for alteration within a given time limit in accordance with
Subparagraph Two, Paragraph Four of Article 13; or
6.When the enterprise fails the sampling test conducted under Article 14.
Under a circumstance as described in Subparagraph 1, 5 or 6 of the preceding Paragraph, the
enterprise shall be suspended from self-verification; and may conduct self-verification no longer
unless the misconduct is corrected.
Under any circumstance as described in Subparagraphs 2~4 of the preceding Paragraph, a time limit
shall be set for correction; where the misconduct is not corrected within the specified time limit,
the enterprise shall be suspended from self-verification, and may conduct self-verification no
longer unless the misconduct is corrected.
Article 18
Under any of the following circumstances, the dedicated weights and measures authority shall abolish
the self-verification permit of the measuring instrument enterprise ever entitled to conduct
self-verification:
1.When the enterprise applies for abolishment of self-verification permit on its own initiative;
2.When the enterprise evades, hinders or refuses investigation twice with violating the provision
of Paragraph One, Article 23 of the Act;
3.When the enterprises fails to maintain the qualification conditions set forth in Article 3;
4.When the enterprises violates Paragraph Three of Article 6 and conducts any action beyond the
scope of the permit;
5.When the enterprise makes any false statement in the verification records or monthly reports;
6.When the enterprise doesn’t pay the verification fee within a specified time limit in accordance
with relevant provisions after a hastening notice is given;
7.When the enterprises fails twice the sampling test conducted against Article 14 within one year;
8.When the enterprise doesn’t complete the correction within the given time limit under one of the
circumstances as described in Subparagraph 1, 5, or 6 of Paragraph One of the preceding Article;
9.When the enterprise doesn’t stop self-verification in accordance with Paragraph 2 or 3 of the
preceding Article; or
10.When the enterprise violates these Regulations in a way deemed as serious by the dedicated weights
and measures authority.
Under a circumstance as described in Subparagraph 4 or 9 of the preceding Paragraph or in case that
self-verification is conducted with violating the provisions of Article 15, it shall be deemed that
the measuring instrument qualified in such self-verification has not been verified yet.
Article 19
When the self-verification permit is revoked or abolished, the measuring instrument enterprise shall,
upon receipt of the advice note of revocation or abolishment, stop self-verification and hand back
the self-verification permit certificate within a specified time limit; in case the permit certificate
is not handed back within the specified time limit, the dedicated weights and measures authority may
directly make known to the public per public notice of the revocation of such verification mark.
After the self-verification permit is revoked or abolished, the measuring instrument enterprise referred
to in the preceding Paragraph may not apply for self-verification permit again within three years,
unless the permit is abolished in accordance with Subparagraph 1, or Subparagraph 3 in which part of
inconformity is not attributable to the measuring instrument enterprise, Paragraph One of the preceding
Article.
Article 20
In case of loss or damage of a self-verification permit certificate, an application form may be prepared
and sent together with the certification fee to the dedicated weights and measures authority to apply
for re-issuance or replacement.
Article 21
These Regulations shall come into force as of the date of promulgation.
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