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Ministry of Economic Affairs R.O.C.(Taiwan)
Laws and Regulations Retrieving System

Print Time:113.11.27 15:35

Content

Title: Directions Governing the Application for the CNS Mark Ch
Date: 2016.06.06
Legislative: 1.Adopted and promulgated by the Bureau of Standards, Metrology and Inspection on 27 July 2001.
2.Amended and promulgated by the Bureau of Standards, Metrology and Inspection on 24 November 2003.
3.Amended and promulgated by the Bureau of Standards, Metrology and Inspection on 6 May 2005
4.Amended and promulgated by the Bureau of Standards, Metrology and Inspection on 9 June 2009
5.Amended and promulgated by the Bureau of Standards, Metrology and Inspection on 11 July 2013
6.Amended and promulgated by the Bureau of Standards, Metrology and Inspection on 6 June 2016
Content:

1. The CNS Mark Certification System

(1) In order to promote the National Standards (CNS), the Bureau of Standards, Metrology and

Inspection (BSMI), Ministry of Economic Affairs, shall announce to the public the designated items

of national standards to implement the CNS Mark Certification System (hereinafter referred to as

“the System”) after obtaining approval from the National Standards Review Council in accordance

with Article 10 of the Standards Act.

(2) The System is on a voluntary basis and manufacturers may apply to the BSMI for the CNS Mark

based on their own needs. The provisions of Article 3 of the Regulations Governing the CNS Mark

(hereinafter referred to as “the Regulations”) state the following requirements of the System:

a. The quality management of the factory (hereinafter referred to as the quality management) has

been certified against the quality management system specified by the BSMI after assessment; the

quality management system shall be designated and announced by the BSMI.

b. The products meet relevant national standards after inspection and testing.

(3) According to the provisions of Article 6 of the Regulations, the BSMI may commission

corporations or associations (hereinafter referred to as “third party certification bodies”) to conduct

activities of the conformity assessment, issuance (replacement) of certificates, market surveillance,

and management of the CNS Mark certification.

(4) For the purpose of conducting the assessment of quality management systems, product sampling

or inspection and other related activities, the BSMI may recognize quality management system

certification bodies (hereinafter referred to as “recognized QMS certification bodies”) or testing

laboratories in accordance with the provisions of Article 7 of the Regulations to conduct such

activities.

 

2. Addition, Amendment and Rescission of the CNS Mark Product List

(1) For the purpose of implementing the CNS Mark Certification System, the BSMI (the 1st

Division) may, according to the provisions of Article 10 of the Standards Act and Article 2 of the

Regulations, announce to the public a list of products to which the designated national standards

items mentioned in Article 10 of the Standards Act apply as products covered by the CNS Mark

(hereinafter referred to as “the CNS Mark Product List”) after having obtained approval from the

National Standards Review Council. Where it is no longer necessary to include certain items in the

CNS Mark Product List, the BSMI may also announce to the public of the decision of rescission.

(2) The CNS Mark Product List will be published on the BSMI website for reference after it is

announced. Products that have not been included in the CNS Mark Product List are under

continuous review in terms of their characteristics, the applicable national standard requirements,

the testing facilities and capacity of the BSMI, the BSMI branch with jurisdiction, third party

certification bodies or recognized testing laboratories, and the purpose of promoting national

standards in order for them to be added to the CNS Mark Product List at appropriate time. Where

necessary, a manufacturer may apply to the BSMI to add product items to the List.

(3) After addition, amendment or rescission is made to the CNS Mark Product List, the BSMI (the

1st Division) shall notify the applicant, who applies for the addition, amendment or rescission, the

involved CNS Mark registered manufacturers, the BSMI (the 5th and the 6th Divisions), the BSMI

branch with jurisdiction, third party certification bodies, recognized QMS certification bodies and

recognized testing laboratories.

(4) Where a decision of rescission of products listed on the CNS Mark Product List is made and

announced to the public, the BSMI (the 1st Division) or third party certification bodies shall, in

accordance with subparagraph 3, Paragraph 1, Article 29 of the Regulations, rescind the CNS Mark

certificates of the involved registered manufacturers entitled to use the CNS Marks, request the

certificates to be returned with copies sent to the BSMI (the 1st, the 5th, and the 6th Divisions), the

BSMI branch with jurisdiction, third party certification bodies, recognized QMS certification bodies

and recognized testing laboratories.

 

3. The Pattern and Marking of CNS Mark

(1) The Pattern of CNS Mark

a. According to Paragraph 1, Article 4 of the Regulations, the pattern of CNS Mark is composed of

the abbreviation of “CNS” and a Chinese symbol “㊣”, as shown below:

b. Dimensions and drawing: The BSMI will, in accordance with Paragraph 2, Article 4 of the

Regulations, publish the “Dimensions and Cartography of CNS Mark” as reference for drawing the

CNS Mark.

c. Name:

Chinese name:正字標記

English name: CNS Mark

(2) Marking

a. When affixing the CNS Mark, a manufacturer shall, in accordance with the provision of Paragraph

1, Article 5 of the Regulations, place the pattern set forth in 3(1)a. and the certificate number on a

prominent part of the product, forming an integrated part of the pattern. Where it is not possible to

affix the CNS Mark to the body of the product, the Mark shall be affixed to the packing or containers

of the product. For products in loose packaging, the Mark shall be displayed on the delivery notes.

b. For a manufacturer that does not observe the provision of 3(2)a., the BSMI (the 1st Division) or

third party certification bodies shall, in accordance with Paragraph 2, Article 5 of the Regulations,

notify the manufacturer to make rectification within one month from the next day of the delivery. In

the case that the manufacturer cannot complete rectification within the one-month period, it may

explain the reason in writing to the BSMI (the 1st Division) or third party certification bodies to

apply for an extension of the period for another one month, for one time only. Upon receipt of the

application for the extension, the BSMI (the 1st Division) or third party certification bodies shall

immediately examine the claimed reason and make a decision on whether to approve or reject the

application. The decision shall be communicated to the manufacturer in a letter, copies of which shall

be sent to the BSMI (the 6th Division), the BSMI branch with jurisdiction, recognized QMS

certification bodies and recognized testing laboratories. For a manufacturer that violates the

provision of 3(2)a. and does not make rectification within the specified time limit, the BSMI (the 1st

Division) or third party certification bodies shall, in accordance with Paragraph 1, Article 27 of the

Regulations, rescind its CNS Mark certificate and request that the certificate be returned with copies

sent to the BSMI (the 1st, the 5th, and the 6th Divisions), the BSMI branch with jurisdiction, third

party certification bodies, recognized QMS certification bodies and recognized testing laboratories.

 

4. Application Procedures for the CNS Mark

(1) Selecting an appropriate product classification for the use of CNS Mark pursuant to the location

of applicant’s factory

When applying for the use of CNS Mark, a manufacturer may, in accordance with the provision of

Article 8 of the Regulations, make respective applications for products produced and manufactured

subject to the circumstances as follows in respect of different factories.

a. The appropriate product classification for the use of CNS Mark shall be selected for products

included in the CNS Mark Product List.

b. Each product is limited to one application. However, if the product list is subject to further

classifications, applications shall be made based on such classifications. One application is confined

to each classification.

c. Separate applications shall be made for different products produced and manufactured by the same

plant. Where the same product is produced and manufactured by different plants of the same

company, separate applications shall be made in respect of different plants.

(2) Assessment of quality management systems (QMS)

a. Before applying for the CNS Mark, a manufacturer shall first apply for QMS certification to the

BSMI (the 5th Division) or recognized QMS certification bodies. According to Paragraph 2, Article

9 of the Regulations, the BSMI (the 5th and 6th Divisions), the BSMI branch with jurisdiction or

recognized QMS certification bodies shall designate personnel to the manufacturer’s factory to

perform assessments of QMS and prepare an assessment report and deliver it to the manufacturer.

b. Upon receipt of payment notice for the QMS assessment sent by the BSMI (the 5th Division) or

the BSMI branch with jurisdiction, the manufacturer shall pay the fee pursuant to the notice.

(3) Product inspection

a. Before applying for the CNS Mark, a manufacturer shall first apply to the BSMI (the 6th

Division),the BSMI branch with jurisdiction or recognized testing laboratories for product

inspection.Upon receipt of the application, the BSMI (the 6th Division), the BSMI branch with

jurisdiction or recognized testing laboratories shall designate personnel to visit the manufacturer’s

factories to sample products in accordance with Paragraph 2, Article 10 of the Regulations after

manufacturing process is confirmed that includes final assembly or separate packing, and inspection

management.

b. The BSMI (the 6th Division), the BSMI branch with jurisdiction or recognized testing laboratories

shall conduct an inspection of the selected samples against national standards and the “List of CNS

Mark Inspection Items” in accordance with Paragraph 2, Article 10 of the Regulations. Where the

inspection items on the List are conducted in the manner of witness testing, personnel shall be

designated to visit the manufacturer’s factories or the specified testing laboratories to assess whether

they have the facilities and capability required by the inspection items in accordance with national

standards. Where the assessment confirms compliance with the requirements, the testing shall be

conducted under the supervision of the BSMI.

c. After completion of product inspection or witness testing, the BSMI (the 6th Division), the BSMI

branch with jurisdiction or recognized testing laboratories shall notify the manufacturer to pay the

related fees for product inspection and, in accordance with Paragraph 2, Article 10 of the

Regulations,prepare an inspection report and deliver it to the manufacturer and send copies to the

BSMI (the 1st Division) as well after the manufacturer pays the fees.

d. Where a manufacturer has obtained other certification marks specified and announced by the

BSMI, the application for product inspection may be sent to the BSMI (the 6th Division), the BSMI

branch with jurisdiction or recognized testing laboratories by submitting the latest testing report of

the valid certificate of the certification mark. Upon receipt of application, the BSMI (the 6th

Division), the BSMI branch with jurisdiction or recognized testing laboratories shall conduct product

inspection in accordance with the “List of CNS Mark Inspection Items”. Where it conforms to CNS,

it may be exempted from the inspection list. Where it fails to conform to CNS, it shall be processed

in compliance with the provisions prescribed in 4(3)a.-c.. An inspection report shall be prepared

and delivered to the manufacturer, with copies sent to the BSMI (the 1st Division).

(4) For inspection items that do not require witness testing, a manufacturer may apply to the BSMI

(the 1st Division) for witness testing with reasons stated in the circumstance meeting one provision

specified in Article 13 of the Regulations.

a. Huge and heavy products that are not easy to deliver;

b. Delicate and fragile products that are easily damaged;

c. Dangerous products that easily cause danger;

d. Manufacturer’s testing laboratories complying with CNS 17025 and accredited by Taiwan’s

laboratory accreditation body or accreditation bodies that are located in the same country as the

factory’s testing laboratories and that signed the mutual recognition arrangement developed by the

International Laboratory Accreditation Cooperation under the condition that the accredited scope

complies with related CNS applicable to the products in question; or

e. Other special circumstances approved by the BSMI.

(5) Upon receipt of the application for witness testing, the BSMI (the 1st Division) shall notify the

BSMI (the 6th Division), the BSMI branch with jurisdiction or recognized testing laboratories to

jointly dispatch personnel to the manufacturer’s testing laboratories or the laboratories specified by

the manufacturer to perform an onsite investigation of the conditions prescribed in 4(4)a.-d. and

assess whether the factory possesses the facilities and capability required for the inspection items in

accordance with national standards. An “Evaluation Report on the Capability to Perform Witness

Testing” shall be prepared based on the result of the investigation in order to determine whether

approval will be given to the application. The decision shall be made known in writing to the

manufacturer, with copies sent to the BSMI (the 6th Division), the BSMI branch with jurisdiction

and recognized testing laboratories.

(6) Preparation of application documents and filing of the application

a. When making applications for the CNS Mark, in accordance with Paragraph 1, Article 11 of the

Regulations, a manufacturer shall fill in the application form and submit the following documents

and the application fee with the application form by post or in person to the BSMI (the 1st Division)

or third party certification bodies:

(a) A copy of the company certificate or business registration certificate; a copy of factory

registration certificate or other equivalent certificate; foreign manufacturers shall provide the relevant

identification documents. However, this paragraph does not apply to manufacturers that have filled in

the business uniform number and the factory registration number in the application form.

(b) Basic information of the manufacturer (e.g. organizational chart, brief factory layout map, brief

operation flow chart of the main production processes, geographic location or route map, etc.);

(c) Copies of specified QMS certificates (which shall include the products applied) by the BSMI (the

5th Division) or recognized QMS certification bodies

(d) Copies of compliance reports of product inspection issued within 6 months prior to the

application by the BSMI (the 6th Division), the BSMI branch with jurisdiction or recognized testing

laboratories.

b. Upon having obtained the continuously valid certification marks announced and specified by the

BSMI, the manufacturer shall submit copies of certificates of certification marks in addition to the

documents prescribed in 4(6)a..

c. Foreign manufacturers may entrust the agency whose office is located in Taiwan to make the

application for the CNS Mark on his/her behalf and provide the power of attorney and related

certificates prescribed in a..

d. Where the documents are in a foreign language, their Chinese translations shall also be provided at

the same time.

e. Where the application for the CNS Mark fails to comply with the requirements in 4(6)a.-d., the

manufacturer shall rectify within a month from the next day of receiving the notice issued by the

BSMI (the 1st Division) or third party certification bodies. The application shall not be accepted if

the rectification is not made within a month or noncompliance still exists after rectification.

(7) Review

The BSMI (the 1st Division) or third party certification bodies shall review the reports and relevant

documents prescribed in 4(6). Where the reports and documents comply with the provisions after

review, the manufacturer shall be notified of the eligibility to use the CNS Mark. Where the reports

and documents do not comply with the provisions after review, the application shall be rejected with

reasons stated. The whole process shall be completed within fourteen working days.

(8) Issuance of Certificates

The BSMI (the 1st Division) or third party certification bodies shall, in accordance with Article 12

of the Regulations, issue a CNS Mark certificate, copies of which shall be sent to the BSMI (the 1st

and 6th Divisions) or the BSMI branch with jurisdiction. Where the fee for an English certificate is

paid, an English certificate shall also be issued in accordance with Article 12 of the Regulations.

(9) Public Notice

For CNS Mark products, the BSMI (the 1st Division) shall announce, in accordance with Article 46

of the Regulations, the names of the CNS Mark registered manufacturers, their plants, their

registered CNS Mark product names and related information, and publish the information on the

CNS gazette.

 

5. Factory Surveillance and Quality Management

(1) Implementation of non-periodical factory surveillance

a. The BSMI (the 6th Division), the BSMI branch with jurisdiction or third party certification bodies

may, in accordance with Paragraph 1, Article 14 of the Regulations, designate personnel to visit

factories of the CNS Mark registered manufacturers to conduct non-periodical surveillance under the

CNS Mark surveillance checklist at least once every year. The factory surveillance of those with

product inspection performed by recognized testing laboratories shall be conducted by the BSMI (the

6th Division), the BSMI branch with jurisdiction or third party certification bodies.

b. In the case that any abnormality is found during the factory surveillance, the BSMI (the 6th

Division) or the BSMI branch with jurisdiction shall notify the BSMI (the 1st Division). Where

noncompliance occurs, the BSMI (the 1st Division) shall notify the manufacturer to rectify within a

month. Upon completed rectification or expiration, the BSMI (the 6th Division) or the BSMI branch

with jurisdiction may conduct the surveillance again. When third party certification bodies conduct

the factory surveillance, the BSMI (the 1st Division) may, if necessary, notify the BSMI (the 6th

Division) or the BSMI branch with jurisdiction to conduct joint surveillance. A copy of the

surveillance report shall be sent to the BSMI (the 1st Division).

c. For a manufacturer who fails to complete rectification upon the re-inspection, the BSMI (the 1st

Division) or third party certification bodies shall, in accordance with subparagraph 3, Article 27 of

the Regulations, rescind the CNS Mark certificates and request the registered manufacturers to return

their certificates. Copies of the decision shall be sent to the BSMI (the 1st, the 5th and 6th Divisions),

the BSMI branch with jurisdiction, third party certification bodies, recognized QMS certification

bodies and recognized testing laboratories.

(2) Implementation of annual factory quality management surveillance

a. In the case that any changes to the basic information of the manufacturer are found during the

annual factory quality management surveillance visits specified by the BSMI, the BSMI (the 6th

Division), the BSMI branch with jurisdiction or recognized QMS certification bodies shall notify the

BSMI (the 1st Division) or third party certification bodies in terms of the quality control systems

specified by the BSMI. A quality management surveillance report and a surveillance checklist shall

be prepared by recognized QMS certification bodies and delivered to the BSMI (the 6th Division),

BSMI branch with jurisdiction or third party certification bodies for filing and reference within three

months after the surveillance visits in accordance with jurisdiction. The BSMI (the 1st and 6th

Divisions), the BSMI branch with jurisdiction or third party certification bodies may, if necessary,

designate non-periodically personnel to participate in joint surveillance visits.

b. According to the provision of Article 15 of the Regulations, the CNS Mark shall not be used on

products manufactured during the rectification period of quality management. Upon any violation,

the BSMI (the 1st Division) or third party certification bodies shall, in accordance with subparagraph

4, Article 27 of the Regulations, rescind the CNS Mark certificates and request the registered

manufacturers to return their certificates. Copies of the decision shall be sent to the BSMI (the 1st,

the 5th and 6th Divisions), the BSMI branch with jurisdiction, third party certification bodies,

recognized QMS certification bodies and recognized testing laboratories.

c. Where the registration of quality management system of a manufacturer is rescinded by the BSMI

(the 5th Division) or recognized QMS certification bodies, the BSMI (the 1st Division) or third party

certification bodies shall, in accordance with subparagraph 8, Article 27 of the Regulations, rescind

the CNS Mark certificates and request the registered manufacturers to return their certificates. Copies

of the decision shall be sent to the BSMI (the 1st, the 5th and 6th Divisions), the BSMI branch with

jurisdiction, third party certification bodies, recognized QMS certification bodies and recognized

testing laboratories.

(3) Obligations of and punishments for violations against implementation of factory surveillance and

factory quality management surveillance

Upon implementation of factory surveillance to manufacturers, the BSMI (the 6th Division), the

BSMI branch with jurisdiction or third party certification bodies may designate personnel to conduct

onsite check or request the related information in factories, offices or other pertinent locations in

terms of the provisions of Article 18 of the Regulations, which manufacturers may not avoid, hinder

or refuse. Upon any violation, the BSMI (the 6th Division), the BSMI branch with jurisdiction or

third party certification bodies shall notify the manufacturer to rectify within a specified time limit

with a copy sent to the BSMI (the 1st Division). For a manufacturer who does not make rectification

within the specific time limit, the BSMI (the 1st Division) or third party certification bodies shall, in

accordance with subparagraph 5, Article 27 of the Regulations, rescind the CNS Mark certificates

and request the registered manufacturers to return their certificates. Copies of the decision shall be

sent to the BSMI (the 1st, the 5th and 6th Divisions), the BSMI branch with jurisdiction, third party

certification bodies, recognized QMS certification bodies and recognized testing laboratories.

 

6. Non-periodical Inspection of CNS Mark Products

(1) Annual non-periodical inspection plan of CNS Mark products

a. The BSMI (the 6th Division), the BSMI branch with jurisdiction, or third party certification bodies

shall draw up “an annual non-periodical product inspection plan” to conduct the non-periodical

product inspection of CNS Mark products purchased from the market or taken from the sites or CNS

Mark registered factories in accordance with Paragraph 1, Article 16 of the Regulations for

inspection and notify the BSMI (the 1st Division) and relevant recognized testing laboratories.

b. The annual product inspection of 6(1)a. can be conducted once a year in principle; however, the

annual product inspection may be conducted more times depending on the actual demand.

c. For the CNS Mark products which have no unqualified inspection recording over past five

consecutive years can be conducted once every two years.

d. Recognized testing laboratories shall perform the product inspection pursuant to “an annual

non-periodical product inspection plan” drawn up by the BSMI (the 6th Division), the BSMI branch

with jurisdiction or third party certification bodies.

(2) Sampling

a. The BSMI (the 6th Division), the BSMI branch with jurisdiction, third party certification bodies or

recognized testing laboratories may designate personnel non-periodically to conduct product

sampling in the market, sites or registered manufacturers’ factories. When conducting product

sampling in the market or sites, the BSMI (the 6th Division), the BSMI branch with jurisdiction or

third party certification bodies may notify the manufacturers by a letter of notice, with the copies sent

to the BSMI (the 1st Division); Before conducting product sampling in the market or sites,

recognized testing laboratories shall obtain the consent of the BSMI (the 1st Division).

b. The manufacturer shall, for market or site sampling, provide the record of production and sales of

products and perform joint product sampling in domestic warehouses, markets, sale places or sites

with the BSMI (the 6th Division), the BSMI branch with jurisdiction, third party certification bodies,

or recognized testing laboratories. The fee for product sampling is paid by the manufacturer.

c. During sampling, the items recorded in the CNS Mark certificate and whether the marking of the

CNS Mark products meets the provision of 3(2)a. shall be confirmed first. The BSMI (the 1st

Division) or third party certification bodies shall be notified of any changes found, the marking not

complied with relevant provisions, or the manufacturing process not including final assembly or

separate packing and inspection management, which shall be taken and recorded on the Sampling

Sheet of Product Inspection and signed and confirmed by the manufacturer, with the copies sent to

the BSMI (the 1st Division) or third party certification bodies.

d. After having received a Sampling Sheet of Product Inspection and confirmed that there are CNS

Mark products not meeting the provision of 3(2)a. on the Sampling Sheet, the BSMI (the 1st

Division) or third party certification bodies shall, depending on the actual circumstances and in

accordance with the provision of 3(2)b., request rectification to be made by the manufacturer within

a specified time limit or rescind the CNS Mark certificates in question.

(3) Implementation of annual non-periodical inspections of CNS Mark products

a. After having implemented an annual inspection plan as described in 6(1), the BSMI (the 6th

Division), the BSMI branch with jurisdiction, third party certification bodies or recognized testing

laboratories shall take samples of the CNS Mark products in accordance with the provision of 6(2),

and inspect these samples in accordance with the provisions of 4(3)b. and 4(3)d. or perform

witness testing for the factories with the facilities and capability required by the inspection items of

national standards after the assessment. An inspection report shall be prepared and delivered to the

manufacturer. If the national standards are not met, a copy of the notice (the inspection report shall

also be attached) delivered to the manufacturer shall be sent to the BSMI (the 1st Division) or third

party certification bodies.

b. Upon implementation of product inspection or witness testing in accordance with the provisions

prescribed in the preceding paragraph, recognized testing laboratories shall send a copy of the reports

to the BSMI (the 6th Division) or the BSMI branch with jurisdiction pursuant to the jurisdiction.

(4) Rectification within a specified time limit

a. Upon receipt of the unqualified inspection report, the BSMI (the 1st Division) or third party

certification bodies shall, in accordance with the provision of 16(2) or (17)(2), notify the

manufacturer to make rectification within one month and apply for the re-inspection with the BSMI

(the 6th Division), the BSMI branch with jurisdiction, third party certification bodies, or recognized

testing laboratories.

b. During the rectification and before the receipt of the qualified inspection report, the CNS Mark

shall not be used on products made by the manufacturers in accordance with the provision of 16(4) or

17(4). Upon any violation, the BSMI (the 1st Division) or third party certification bodies shall, in

accordance with subparagraph 4, Article 27 of the Regulations, rescind the CNS Mark certificates

and request the registered manufacturers to return their certificates. Copies of the decision shall be

sent to the BSMI (the 1st, the 5th and 6th Divisions), the BSMI branch with jurisdiction, third party

certification bodies, recognized QMS certification bodies and recognized testing laboratories.

(5) Implementation of product inspection again after completion of rectification

a. The BSMI (the 6th Division), the BSMI branch with jurisdiction, third party certification bodies,

or recognized testing laboratories shall, within one month upon the manufacturers’ applications,

conduct a product inspection again.

b. Upon receipt of the inspection report for the re-inspection, where the requirements of national

standards are met, the BSMI (the 1st Division) or third party certification bodies shall alter the

annual non-periodical product inspection as twice a year and return to once a year after the

consecutive qualification of inspection. Where the requirements of national standards are not met, in

accordance with the provision of subparagraph 3, Article 27 of the Regulations, the BSMI (the 1st

Division) or third party certification bodies shall rescind the CNS Mark certificates and request the

registered manufacturers to return their certificates. Copies of the decision shall be sent to the BSMI

(the 1st, the 5th and 6th Divisions), the BSMI branch with jurisdiction, recognized QMS certification

bodies and recognized testing laboratories.

(6) Payment notice

After having completed the annual non-periodical product inspection of CNS Mark products, the

BSMI (the 6th Division) and the BSMI branch with jurisdiction shall first notify the manufacturer to

pay the related fees for products inspection and issue the inspection report after the manufacturer

pay the fees. Where a manufacturer refuses to pay the fees, the BSMI (the 1st Division) or third

party certification bodies shall, in accordance with subparagraph 2, Article 27 of the Regulations,

rescind the CNS Mark certificates and request the registered manufacturers to return their

certificates. Copies of the decision shall be sent to the BSMI (the 1st, the 5th and 6th Divisions), the

BSMI branch with jurisdiction, third party certification bodies, recognized QMS certification bodies

and recognized testing laboratories.

(7) Other circumstances of CNS Mark products not meeting requirements of national standards

Where the CNS Mark product is reported to be non-compliant with national standards and such

non-compliance is verified by the BSMI (the 1st Division) or third party certification bodies, the

provisions of 6(4)-(6) shall apply.

(8) Manufacturer's obtainment of other certification marks announced and specified by the BSMI

Where a manufacturer has obtained the registered data of certification marks announced and

specified by the BSMI which renders the approval for the CNS Mark, the product inspection items

that meet the national standards prescribed in 6(3) may be exempted if the registration of the mark

remains valid with the sampling and inspection report made within one year upon the registration of

the CNS Marks. For the inspection items not exempted, the product inspection shall be performed

by the BSMI (the 6th Division), the BSMI branch with jurisdiction, third party certification bodies

or recognized testing laboratories under the provisions of 6(2)-(6).

(9) Manufacturer's obligation under product inspection and punishment of violation

During the product inspection of the CNS Mark registered manufacturers’ products, the BSMI (the

6th Division), the BSMI branch with jurisdiction or third party certification bodies may designate

personnel to conduct onsite check, witness testing or request relevant information which the CNS

Mark registered in the market, sites or manufacturers’ factories; manufacturers shall not avoid,

hinder, or refuse in accordance with Article 18 of the Regulations. For any violation, the BSMI (the

6th Division), the BSMI branch with jurisdiction or third party certification bodies shall notify the

CNS Mark registered manufacturers to rectify within a specified time limit with a copy of the notice

sent to the BSMI (the 1st Division). Where the manufacturers fail to make the rectification, the

BSMI (the 1st Division) or third party certification bodies shall, in accordance with subparagraph 5,

Article 27 of the Regulations, rescind the CNS Mark certificates and request the registered

manufacturers to return their certificates. Copies of the decision shall be sent to the BSMI (the 1st,

the 5th and 6th Divisions), the BSMI branch with jurisdiction, third party certification bodies,

recognized QMS certification bodies and recognized testing laboratories.

 

7. Report of Suspending Manufacturing of CNS Mark Products and Follow-up Actions

(1) The CNS Mark registered manufacturers that suspend manufacturing of CNS Mark products

shall file the reasons and period of suspension with the BSMI (the 6th Division), the BSMI branch

with jurisdiction or third party certification bodies within three months from the day following the

suspension day in accordance with the provision of Paragraph 1, Article 19 of the Regulations.

According to the provision of Paragraph 2, Article 19 of the Regulations, the period of suspension

may not exceed one year. If there are good causes, the manufacturer may present evidence and

apply to the BSMI (the 6th Division), the BSMI branch with jurisdiction or third party certification

bodies for an extension, which shall not exceed six months.

(2) Upon receipt of the filing from CNS Mark registered manufacturers on the suspension of

manufacturing CNS Mark products, the BSMI (the 6th Division), the BSMI branch with jurisdiction

or third party certification bodies shall reply to the manufacturers and record the information for

reference. Copies of the reply shall be sent to the BSMI (the 1st Division), recognized QMS

certification bodies and recognized testing laboratories. In regards to applications for an extension

of the suspension period, a review shall be made of the reasons and evidential documents provided

by the manufacturers. Where approval is granted, an extension of six months shall be given in

accordance with the provision of Paragraph 2, Article 19 of the Regulations. Copies of the decision

on approval or rejection of the extension shall be sent to the BSMI (the 1st Division), recognized

QMS certification bodies and recognized testing laboratories.

(3) The CNS Mark shall not be applied to products manufactured during the suspension period in

accordance with the provision of Paragraph 3, Article 19 of the Regulations. Where a filing is made

according to 7(1), the CNS Mark may continue to be applied to products manufactured in

accordance with the national standards and prior to the suspension. For violations of this

requirement, the BSMI (the 1st Division) or third party certification bodies shall, in accordance with

subparagraph 4, Article 27 of the Regulations, rescind the CNS Mark certificates and request the

registered manufacturers to return their certificates. Copies of the decision shall be sent to the BSMI

(the 1st, the 5th and 6th Divisions), the BSMI branch with jurisdiction, recognized QMS

certification bodies and recognized testing laboratories.

(4) According to the provision of Paragraph 4, Article 19 of the Regulations, upon expiration of the

suspension period or early resumption of production, the CNS Mark registered manufacturers may

apply the CNS Mark to their products after they have informed the BSMI (the 6th Division), the

BSMI branch with jurisdiction or third party certification bodies that manufacturing of CNS Mark

products has been resumed. If the manufacturer does not resume production when the suspension

period expires, or applies the CNS Mark to their products without informing the BSMI (the 6th

Division), the BSMI branch with jurisdiction or third party certification bodies of the resumption of

production, the BSMI (the 6th Division) and the BSMI branch with jurisdiction shall notify the

BSMI (the 1st Division). The BSMI (the 1st Division) or third party certification bodies shall

rescind the CNS Mark certificates and request the registered manufacturers to return their

certificates in accordance with subparagraph 6 or 7, Article 27 of the Regulations. Copies of the

decision shall be sent to the BSMI (the 1st, the 5th and 6th Divisions), the BSMI branch with

jurisdiction, recognized QMS certification bodies and recognized testing laboratories.

(5) Upon receipt of the filing from CNS Mark registered manufacturers regarding the suspension of

manufacturing CNS Mark products, the BSMI (the 6th Division), the BSMI branch with jurisdiction

or third party certification bodies shall reply to the manufacturers and record the information for

reference. The manufacturers shall also be informed that they have been covered in the annual

surveillance plan, with the priority to accept non-periodical quality management surveillance and

non-periodical product inspection. Copies of the notice shall be sent to the BSMI (the 1st Division),

recognized QMS certification bodies and recognized testing laboratories.

 

8. Determination and Processing of Suspension of Manufacturing of CNS Mark Products

(1) If the BSMI (the 6th Division), the BSMI branch with jurisdiction, third party certification

bodies, recognized QMS certification bodies or recognized testing laboratories found during the

implementation of factory surveillance, quality management system surveillance or product

sampling that the CNS Mark registered manufacturers have the conditions prescribed in Paragraph

1, Article 20 of the Regulations and fail to report in accordance with Paragraph 1, Article 19 of the

Regulations, the fact and the dates of the most recent manufacturing records or quality records shall

be stated in the surveillance checklist or sampling sheet. Also, the BSMI (the 1st Division) or third

party certification bodies shall be informed of such conditions.

(2) If the BSMI (the 6th Division), the BSMI branch with jurisdiction, third party certification

bodies or recognized testing laboratories found, during the implementation of product sampling, that

the CNS Mark registered manufacturers have the conditions prescribed in Paragraph 2, Article 20 of

the Regulations and fail to report in accordance with Paragraph 1, Article 19 of the Regulations, the

fact shall be stated in the sampling sheet. Also, the BSMI (the 1st Division) or third party

certification bodies shall be informed of such conditions.

(3) Upon receipt of the notice prescribed in paragraph 1 and 2, the BSMI (the 1st Division) or third

party certification bodies shall rescind the CNS Mark certificates and request the registered

manufacturers to return their certificates in accordance with subparagraph 6, Article 27 of the

Regulations. Copies of the decision shall be sent to the BSMI (the 1st, the 5th and 6th Divisions),

the BSMI branch with jurisdiction, third party certification bodies, recognized QMS certification

bodies and recognized testing laboratories.

 

9. Processes Involved in the Revision or Abolishment of National Standards for the CNS Mark

(1) Where the applicable national standard for a CNS Mark product is revised or abolished,

resulting in the application of another applicable national standard, the BSMI (the 1st Division),

upon the evaluation of substantial impact on the corresponding CNS Mark, or third party

certification bodies shall, in accordance with the provision of Paragraph 1, Article 21 of the

Regulations, notify the CNS Mark registered manufacturers to rectify according to the revised or

newly applicable national standards within six months. Copies of the notice shall be sent to the

BSMI (the 6 Division), the BSMI branch with jurisdiction, recognized QMS certification bodies or

recognized testing laboratories. Where the rescission of CNS results has no applicable national

standards for CNS Mark, related CNS Mark certificates shall be rescinded and returned in

accordance with subparagraph 2, Paragraph 1, Article 29 of the Regulations. Copies of such

decisions shall be sent to the BSMI (the 1st, the 5th and 6th Division), the BSMI branch with

jurisdiction, third party certification bodies, recognized QMS certification bodies or recognized

testing laboratories.

(2) Where the CNS Mark registered manufacturers cannot rectify according to the revised or newly

applicable national standards within six months, they may apply to the BSMI (the 1st Division) or

third party certification bodies for an extension of up to six months by submitting rectification plans

in accordance with the provision of Paragraph 1, Article 21 of the Regulations.

(3) Upon receipt of an application for extension filed under 9(2), the BSMI (the 1st Division) or

third party certification bodies shall immediately examine the rectification plan. An extension shall

be granted according to the provision of Paragraph 1, Article 21 of the Regulations if the application

is approved. Where a decision of rejection is made, a written reply shall be sent to the manufacturer,

with copies sent to the BSMI (the 1st, the 5th, and the 6th Division), the BSMI branch with

jurisdiction, recognized QMS certification bodies and recognized testing laboratories.

(4) Where the applicable national standard for a CNS Mark product is revised or abolished,

resulting in the application of another applicable national standard, the CNS Mark may continue to

be applied to the CNS Mark products that meet the requirements of national standards and are

manufactured prior to the revision period. Where the CNS Mark certificate is rescinded as a result

of the rescission of relevant national standards, the CNS Mark products that meet the requirements

of national standards and are manufactured prior to the date of rescission may continue to bear the

CNS Mark according to the provision of Paragraph 2, Article 29 of the Regulations.

(5) The CNS Mark registered manufacturers that complete rectification early by the rectification

period may continue to use the CNS Mark that meet the revised or newly applicable national

standards after they have reported to the BSMI (the 1st Division) or third party certification bodies

for reference in accordance with Paragraph 4, Article 21 of the Regulations.

(6) Upon receipt of the report of rectification within a specified time limit made by the

manufacturer, the BSMI (the 1st Division) or third party certification bodies shall send a written

reply to the manufacturer and record the information for reference and send the personnel to

conduct the product inspection in accordance with revised or newly applicable national standards in

a top priority. Copies of the notice shall be sent to the BSMI (the 6th Division), the BMSI branch

with jurisdiction or recognized testing laboratories. Upon receipt of the notice, the BSMI (the 6th

Division), the BMSI branch with jurisdiction or recognized testing laboratories shall include the

manufacturer in question in the annual product inspection plan and gives it a higher order of priority

to accept product inspection in accordance with the provisions prescribed in 6.

(7) For manufacturers that do not make rectification by the specified time limit or apply for the

extension, the BMSI (the 6th Division), the BMSI branch with jurisdiction or recognized testing

laboratories shall, upon the rectification period expires, send the personnel to conduct the

non-periodical product inspection at the manufacturers’ factories in accordance with the provisions

prescribed in 6 in a top priority.

 

10. Replacement and Re-issuance of CNS Mark Certificates

(1) Where changes are made to the content specified in the CNS Mark certificates, the CNS Mark

registered manufacturers shall provide the application form for the change of CNS Mark and

appendixes and pay certificate fees to apply for the replacement of CNS Mark certificates to the

BSMI (the 1st Division) or third party certification bodies in accordance with Paragraph 1, Article

22 of the Regulations. If the changes are made in a foreign language, the Chinese translation shall

also be provided.

(2) Where the changes involve relocation of plants, according to the provision of Paragraph 2,

Article 22 of the Regulations, the application for the replacement of CNS Mark certificates shall be

made to the BSMI (the 1st Division) or third party certification bodies by submitting a copy of the

quality management recognized registration certificate and the report of the assessment or

surveillance qualification within 1 year and the report of product inspection qualification within 6

months upon completed registration of the new address of plants.

(3) Where a product name is changed due to the revised national standards, the BSMI (the 1st

Division) or third party certification bodies shall immediately inform the manufacturer to replace

the CNS Mark certificate. In this case, the manufacturer only needs to submit the original certificate

and the replacement will be given at no charge.

(4) According to the provision of Paragraph 3, Article 22 of the Regulations, if a manufacturer does

not apply for replacements of certificates according to the relevant provisions, the BSMI (the 1st

Division) or third party certification bodies shall notify the manufacturer to rectify within one

month starting from the next day of receiving the rectification notice. If the manufacturer fails to

rectify within the one-month period, the BSMI (the 1st Division) or third party certification bodies

shall, in accordance with the provision of subparagraph 3, Article 27 of the Regulations, rescind the

CNS Mark certificates and request the registered manufacturers to return their certificates. Copies of

the decision shall be sent to the BSMI (the 1st, the 5th and 6th Divisions), the BSMI branch with

jurisdiction, third party certification bodies, recognized QMS certification bodies and recognized

testing laboratories.

(5) If the CNS Mark certificate is lost, destroyed or damaged, the CNS Mark registered

manufacturers may write to the BSMI (the 1st Division) or third party certification bodies by

providing the reasons (stamped with the company’s seals) and paying the fee to apply for

re-issuance of certificates.

(6) The BSMI (the 1st Division) or third party certification bodies shall send copies of the replaced

or re-issued certificates to the BSMI (the 6th Division), the BSMI branch with jurisdiction,

recognized QMS certification bodies or recognized testing laboratories.

(7) According to the provision of subparagraph 4 or 5, Paragraph 1, Article 29 of the Regulations,

for the CNS Mark registered manufacturers, if their company or business registration certificates or

factory registration certificates are revoked, rescinded or cancelled by the competent authorities, or

if they dissolved or close their business, the BSMI (the 1st Division) or third party certification

bodies shall rescind their CNS Mark certificates and request these manufacturers to return their

certificates. Copies of the decision shall be sent to the BSMI (the 1st, the 5th and 6th Divisions), the

BSMI branch with jurisdiction, third party certification bodies, recognized QMS certification bodies

and recognized testing laboratories.

 

11. Rescission and Revocation of the CNS Mark Certificates

(1) After having made the decision to rescind or revoke the CNS Mark certificates in accordance

with the provisions of Article 26, 27, and 29 of the Regulations, the BSMI (the 1st Division) or third

party certification bodies shall notify the registered manufacturers involved and send copies of the

decision to the BSMI (the 1st, the 5th and 6th Divisions), the BSMI branch with jurisdiction, third

party certification bodies, recognized QMS certification bodies and recognized testing laboratories.

Upon receipt of the notice sent from the BSMI, the manufacturers shall return their CNS Mark

certificates.

(2) According to the provisions of Articles 26, 27 and 29 of the Regulations, a manufacturer shall

not apply the CNS Mark to their products after the CNS Mark has been rescinded or revoked.

(3) For unauthorized use of the CNS Mark after the rescission or revocation of the CNS Mark

certificate, the BSMI (the 1st Division) shall handle the case in accordance with Article 16 of the

Standards Act. In the event that illegal and unauthorized use of the CNS Mark is deemed to cause

damage or have potential damage to consumers’ life, body, health or property, the BSMI (the 1st

Division) shall handle the case in accordance with Article 17 of the Standards Act.

(4) Where an application is made by a manufacturer for the same products subject to the decision of

the revocation or rescission of CNS Mark certificates in accordance with Article 26 or 27 of the

Regulations respectively upon the following day after confirmation of revocation or rescission, the

BSMI (the 1st Division) or third party certification bodies shall reject the application according to

the time limited prescribed in the provision of Article 26 and 28 of the Regulations.

(5) The BSMI (the 1st Division) shall announce the names of the CNS Mark registered

manufacturers, their plants, their product names and related information. All the information shall

also be published on the CNS gazettes in accordance with Article 46 of the Regulations.

 

12. Removal of CNS Marks

(1) Within two months following the day of revocation of CNS Mark certificates or rescission of

CNS Mark certificates in accordance with Article 27 of the Regulations, a manufacturer shall

remove the CNS Mark pattern from the packages, containers, delivery notes or related information

of the CNS Mark products manufactured prior to the date of rescission or revocation in accordance

with the provision of Article 26 and 28 of the Regulations.

(2) Where a manufacturer does not remove the CNS Mark pattern and CNS Mark certificate number

according to the relevant provisions, the BSMI (the 1st Division) shall process in accordance with

the provisions on punishment of unauthorized use of CNS Mark set forth in 11(3).

 

 

 

 

Data Source:Ministry of Economic Affairs R.O.C.(Taiwan) Laws and Regulations Retrieving System