Legislative: |
1.23 Articles adopted and promulgated by Ministerial Order on 13 August 2003. 2.Articles 16, 17, 19 amended and promulgated and Article 22 deleted by Ministerial Order on 18 November 2021. |
Content: |
Article 1
These Regulations are enacted pursuant to Paragraph 2, Article 26 of the Weights and Measures Act.
Article 2
The terms used in these Regulations are defined as follows
1.Laboratory: laboratory to conduct testing
2.Designated laboratory: laboratory recognized by the dedicated weights and measures authority
under these Regulations to conduct testing for type approval of measuring instrument.
Article 3
To apply for recognition, a laboratory or the institution it affiliates to shall be one of the following:
1.Government agencies (institutions) of the Republic of China;
2.Domestic public or registered private colleges or higher educational institutions;
3.Domestic public-interest juridical persons; or
4.Other juridical persons entitled to apply for recognition and made known to the public by the
dedicated weights and measures authority in reference to the international practice based on their
regions, testing fields, test items, categories of measuring instrument or other requirements.
Article 4
A laboratory applying for recognition shall satisfy the following requirements:
1.Conforming to the following requirements:
(1) General requirement: CNS 17025 or ISO/IEC 17025
(2) Specific requirement: specific technical and quality management requirement for various
categories of measuring instrument, which are different from the general requirement listed above.
2.Having necessary testing equipment, premise, personnel and management system, and being
sufficiently acquainted with the type approval technical specifications of the specific kind of
measuring instruments; and
3.Designating laboratory and quality management directors with the following qualifications
respectively:
(1) Laboratory director: graduated from science or engineering department of college or higher
educational institution, having participated in relevant professional training, and having work
experiences in related testing fields for two years or more;
(2) Quality management director: graduated from college or higher educational institution, having
participated in quality management related professional training, and having work experiences of
quality management in related testing fields for two years or more.
4.Designating report signatory: a report signatory shall not concurrently hold the position of quality
director.
The specific requirement for each kind of measuring instruments referred to in Subparagraph 1 of
the preceding Paragraph shall be prescribed by the dedicated weights and measures authority.
Article 5
A laboratory satisfying the qualifications and requirements set forth in the preceding two Articles
may fill in an application form, and submit it enclosed with the following documents together with
the assessment fee and certification fee to the dedicated weights and measures authority to apply for
recognition:
1.Document authentication for the qualifications set forth in Article 3;
2.Quality Manual of the laboratory;
3.Framework and list of quality management system documentation;
4.Calibration tracing system diagram and list of the testing equipment;
5.Organization chart and laboratory layout map;
6.Geographic location map of the laboratory;
7.Document authentication for laboratory director and quality director met conditions set forth in
Subparagraph 3, Paragraph 1 of the preceding Paragraph; and
8.Other documents specified by the dedicated weights and measures authority.
In case the applicant referred to in the preceding Paragraph is not in the Republic of China, a
representative who has any dwelling or business office in the Republic of China shall be
commissioned to apply for recognition.
Article 6
A laboratory that has passed the document review and on-site assessment conducted by the
dedicated weights and measures authority shall be recognized in respect to the examined category
and scope of measuring instrument, and granted a recognition certificate of designated laboratory.
Article 7
Where any non-conformity is found in the assessment of a laboratory, the dedicated weights and
measures authority should notify the laboratory to develop and submit an improvement plan within
a specified time limit and apply for reexamination; in case no improvement plan is made after the
time limit expires or any non-conformity is found in the reexamination, the laboratory shall not be
recognized, and the certification fee shall be handed back.
Article 8
The validity period of a recognition certificate of a designated laboratory is three years commencing
from the date of issuance. Within six to two months prior to the expiration date of the original
certificate, a designated laboratory should fill out an application form, and submit it enclosed with
relevant documents, the assessment fee and certification fee to the dedicated weights and measures
authority to apply for renewal. If the laboratory passes the reassessment, a renewed recognition
certificate shall be issued.
The validity period of a renewed recognition certificate as referred to in the preceding Paragraph is
three years commencing from the day after the expiration date of the original certificate.
Nonetheless, if application for renewal is filed within two months before the expiration date of the
original certificate and reassessment is finished after the expiration date, the validity period of the
renewed certificate is three years commencing from the date of issuance.
Article 9
A designated laboratory shall perform testing work in the recognized testing field by itself. However,
with the consent of the dedicated weights and measures authority, it may commission other
laboratories to conduct a part of the testing work.
Article 10
The dedicated weights and measures authority shall, periodically or aperiodically, assign personnel
to the designated laboratories to implement surveillance activities.
Article 11
Where any non-conformity is found in surveillance activities, the dedicated weights and measures
authority should notify the designated laboratory to correct within thirty days and then apply for
reexamination.
Article 12
Under any of the following circumstances, the designated laboratory shall submit relevant
documents to the dedicated weights and measures authority for reference within fifteen days
commencing from the occurrence of the matter:
1.Alteration of the name of the laboratory or the institution it affiliates to;
2.Personnel change of quality management director; or
3.Consecutive suspension of business for thirty days or longer.
Article 13
Under any of the following circumstances, the designated laboratory shall submit relevant
documents to the dedicated weights and measures authority to apply for reexamination within
fifteen days commencing from the occurrence:
1.Alteration of the institution the laboratory affiliates to;
2.Alteration of the organization or management of the laboratory;
3.Personnel change of laboratory director or report signatory;
4.Alteration of laboratory address, environment or equipment;
5.Alteration of the quality manual of the laboratory;
6.Alteration of the scope of recognition; or
7.Any other alteration likely to affect the capacity of the laboratory.
Article 14
During the testing for type evaluation of measuring instrument, the designated laboratory shall
record the test records and related technical documents in detail.
The test records and related technical documents referred to in the preceding Paragraph shall be kept
for ten years at least. Nonetheless, if it is otherwise prescribed in respective specification of any
specific measuring instrument, such prescription shall be applied accordingly.
Article 15
The dedicated weights and measures authority may request to view and examine the relevant
documents of any designated laboratory, and may dispatch personnel to the designated laboratory
for investigation. The designated laboratory may not evade, hinder or refuse the investigation
without justifiable reasons.
Article 16
For a laboratory that conforms to the following qualification requirements, the procedure of its
application for recognition and management should be simplified:
1.Laboratory accredited by a domestic accreditation body who is the signatory of the International
Laboratory Accreditation Cooperation Mutual Recognition Arrangement (ILAC MRA) (hereinafter
referred to as "the domestic accreditation body"), wherein the certificate is still within its validity
period; or
2.Laboratory whose compliance with the provision of Paragraph 1, Article 4 is proved by the
domestic accreditation body.
The simplification of procedures as referred to in the preceding Paragraph are as follows:
1.Exemption from submission of the documents listed in Subparagraphs 2~4, Paragraph 1 of Article
5;
2.Exemption from the on-site assessment set forth in Article 6;
3.Exemption from re-assessment when applying for renewal in accordance with the provision of
Article 8; and/or
4.Exemption from the surveillance activities set forth in Article 10.
The simplification set forth in Subparagraphs 3 and 4 of the preceding Paragraph may be applied to
the designated laboratories that conform to the qualification requirements set forth in the first
Paragraph and recognized by the dedicated weights and measures authority.
Article 17
Under any of the following circumstances, the dedicated weights and measures authority may
temporarily deprive a designated laboratory of the right to sign test report in the name of designated
laboratory in the recognized category of measuring instrument; and recover the right after it is
confirmed through reexamination that improvement has been made within the specified time limit:
1.Where the designated laboratory does not apply for reexamination in accordance with the
provision of Article 11;
2.Where any non-conformity that is not likely to cause test failure or only happens by chance is
found in the reexamination conducted under Article 11;
3.Where the designated laboratory does not submit the relevant documents to the dedicated weights
and measures authority for reference as prescribed in Article 12;
4.Where the designated laboratory does not apply for reexamination in accordance with the
provision of Article 13;
5.Where the designated laboratory refuses or fails to provide requested data without justifiable
reasons shown or within a given time limit;
6.Where the designated laboratory does not cooperate to take necessary measures and arrangements
for the dedicated weights and measures authority to conduct surveillance activities, appeals,
complaints or disputes after the authority has given a notice to the laboratory; or
7.Where the recognition is terminated by the domestic accreditation body.
Where a designated laboratory violates the provision set forth in Article 15 to evading, hindering or
refusal of investigation, the dedicated weights and measures authority may temporarily deprive the
laboratory of the right to sign test reports in the name of a designated laboratory in its recognized
category of measuring instrument within a certain period.
Article 18
Where it is found that a designated laboratory acquires its recognition by ways of fraud, the
dedicated weights and measures authority shall revoke the recognition, and notify the original
applicant or his/her successor to hand back the recognition certificate within a specified time limit;
in case that the certificate is not handed back in the specified time limit, the dedicated weights and
measures authority shall directly issue a public notice to write it off.
Article 19
Under any of the following circumstances, the dedicated weights and measures authority should
abolish the recognition of a designated laboratory:
1.Where the laboratory applies for abolishment on its own initiative;
2.Where any non-conformity that is likely to cause test failure or significantly reduce performance
is found in the reexamination conducted under Article 11;
3.Where any false statement is found in test records or related technical documents;
4.Where the laboratory loses the ability to operate or can not justly and effectively conduct testing
activities;
5.Where the laboratory signs a test report in the name of designated laboratory beyond the scope of
recognition or after it is deprived of this right under Article 17.
6.Where the laboratory does not finish improvement and pass the reexamination conducted by the
dedicated weights and measures authority within the time limit specified in Paragraph 1 of Article
17;
7.Where the laboratory does not pay the fees according to the relevant provisions within a given
time limit after notified by the dedicated weights and measures authority;
8.Where the accreditation is abolished or canceled by the domestic accreditation body; or
9.Other violations of the provisions set forth in these Regulations, which are deemed serious by the
dedicated weights and measures authority.
Article 20
After the recognition of a laboratory is revoked or abolished, no application shall be filed by the
same or a similar laboratory to apply for recognition of designated laboratory for the same
measuring instrument within three years, unless in a circumstance as prescribed in Subparagraph 1,
Paragraph 1 of the preceding Article or other special circumstances approved by the dedicated
weights and measures authority.
Article 21
A laboratory that has been recognized by the dedicated weights and measures authority through an
international cooperation or a mutual recognition agreement shall be deemed as a designated
laboratory.
Article 22
(Deleted)
Article 23
These Regulations shall come into force from the date of promulgation.
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