| Legislative： |
1.Promulgated on January 22, 1982
2.Amended on January 30, 1992
3.Amended on April 26,2000
4.Amended on June 25, 2003
5.Amended on January 26, 2011
6.Amended on May 18, 2022 |
| Content： |
Article 1
This Act is enacted so as to promote correct commodity labeling, to safeguard the reputation of
business operators, to protect the rights and interests of consumers, and to establish good
commercial practices.
Article 2
Unless otherwise provided by law, the commodities shall be labelled in accordance with this Act.
Article 3
The term “competent authority” as referred to in this Act shall mean the Ministry of Economic
Affairs at the central government level, the municipal government at the municipal level and the
country or city government at the county or city level.
Article 4
The central competent authority may issue public notice to exempt specific commodities from
labeling in accordance with this Act in consideration of the rights and interests of consumers,
trading habits and characteristics of commodities.
Article 5
Where a commodity is introduced to the market for sale, the manufacturer, contractor, importer or
distributor shall label the commodity.
Article 6
The label of the commodities shall include the following:
1. Name of the commodity.
2. In one of the following cases, the name, address and service telephone number of the domestic
firm shall be labeled:
(1)Commodities manufactured domestically: the manufacturer, contractor or distributor.
(2)Imported commodities: the importer or distributor.
3. Place of origin.
4. Major components/ingredients or materials.
5.Net weight, volume, quantity, or measure, etc. to be labeled in statutory measurements. However,
if other laws provide otherwise, or if there is no other law that provides for this but there is a
customary measurement unit in use internationally, the law or custom shall apply.
6. “Year, month” or “year, week” of manufacturing in Chinese calendar or Gregorian calendar. If it
is time-sensitive, the expiration date or period of validity shall be labeled.
7. Other items as announced by the central competent authority.
In addition to labeling in accordance with Subparagraph 2 of the preceding Paragraph, imported
commodities shall also be labeled with the foreign name of the foreign manufacturer or foreign
contractor.
In case of any change of the relevant information of the domestic firm under Subparagraph 2 of
Paragraph 1 after labeling, the label of the commodity that are already introduced to the market for
sale may remain unchanged and the change shall be made public in a way that consumers can be
informed of at any time.
When the manufacturing year and week is labeled in accordance with Subparagraph 6 of Paragraph
1, a written explanation shall be supplemented thereto.
Article 7
Where a commodity is under any of the following circumstances, the scope of application, the
method of use and storage of such commodity, and other matters that should be noted shall be
labeled:
1. Dangerous in nature.
2. Related to health and safety.
3. Special properties or require special handling.
Article 8
A commodity of which the place of origin is determined to be in this country may be labeled with a
Made in Taiwan mark.
Regulations governing the method of recognition, pattern, promotion, application, award,
authorization, revocation, and management of the aforementioned place of origin shall be prescribe
by the central competent authority.
Article 9
The labeling items in this Act shall not include the following content:
1. False or misleading;
2. Violating the mandatory and/or prohibitive provisions of the law;
3. Against public order or good morals.
Article 10
Commodity labeling shall be conspicuousness and consistent with the content thereof.
Commodity labeling shall be on the body of the commodity, internal or external packages, or the
instruction.
Where the commodity is too small, sold in bulk, or otherwise not suitable to be labeled on the
product body, internal or external packaging, or on the instruction, labeling of this kind of
commodities shall be labeled by other means that are conspicuous to the extent sufficient to be
identified by consumers.
The central competent authority may, depending on the development of technology, industry or
economy, issue public notice that allows specific types of commodities to adopt electronic labeling
and such commodities shall not be subject to the previous two Paragraphs.
Article 11
In labeling commodities, the text used shall be written primarily in Chinese and may be
supplemented by English or other foreign language(s). However, labeling under subparagraphs 3 to
7, paragraph 1 of Article 6 may be labeled with internationally accepted words or symbols. The
central competent authority may, without prejudice to the correct labeling of commodities and the
protection of consumers' rights, issue public notice to specify certain items which may be labeled
only in English or other foreign language(s).
Article 12
The central competent authority may issue public notice, under the condition not to prejudice the
proper labeling of the commodity and the interests of the consumers, to specify the items and
methods that certain commodities shall be followed in labeling.
Article 13
Sellers should not sell or display with the intent to sell commodities which are not labeled in
accordance with the provisions set out in this Act.
Article 14
The competent authority in a municipality government or a county (city) government may, from
time to time, conduct spot checks on the commodity that are introduced to the market for sale. The
seller shall not evade, impede or refuse and shall provide relevant information.
In order to ensure that the commodities are labeled in accordance with the provisions of this Act, the
competent authority in a municipality government or a county (city) government may dispatch its
personnel to the manufacturer, contractor, importer, distributor and other premises where the
commodities are manufactured, stored or distributed. The manufacturers, contractor, importer,
distributor or the person in charge of the former premises shall not evade, impede or refuse and shall
provide relevant information.
The representatives of the competent authority in a municipality government or a county (city)
government shall present justification documents in performing their duties according to the
preceding two paragraphs.
Article 15
Where a commodity is sold on an Internet platform, the competent authority in a municipality
government or a county (city) government may, as required, order the Internet platform operator to
provide relevant information of the poster, supplier or seller, and the Internet platform operator shall
not evade, impede or refuse.
Article 16
Where a commodity is under any of the circumstances set forth in Article 9, the competent authority
in a municipality government or a county (city) government shall notify the manufacturer,
contractor, importer or distributor to rectify such defect in a given time limit; and if such
rectification is not made by the deadline, a fine in an amount not less than NT$30,000 but no more
than NT$300,000 will be imposed and the penalty may be imposed on a per-event basis.
Where the preceding situation constitutes a serious violation or if the commodity is immediately
harmful to the human body or health, the competent authority in a municipality government or a
county (city) government may impose the fine forthwith immediately and order a rectification in a
given time limit. If deemed necessary, an order for business suspension for a period of no more than
6 months or a close down of business operation may be imposed.
Article 17
Where a commodity that is introduced to the market for sale is found to be under any of the
following circumstances, the competent authority in a municipality government or a county (city)
government shall notify the manufacturer, contractor, importer or distributor to rectify such defect
within a given time limit; and if such rectification is not made by the deadline, a fine in an amount
not less than NT$20,000 but not more than NT$200,000 shall be imposed by the competent
authority in a municipality government or a county (city) government and the penalty may be
imposed on a per-event basis :
1. Failure to label in accordance with Paragraphs 1, 2 or 4 of Article 6 or Article 7, or failure to
disclose the change in accordance with Paragraph 3, Article 6.
2. Failure to label in the manner set forth in Article 10 or Article 11.
3. Failure to label with the specific items and in the manner as required by a public notice given by
the central competent authority in accordance with Article 12.
Where the preceding situation constitutes a serious violation or if the commodity is immediately
harmful to the human body or health, the competent authority in a municipality government or a
county (city) government may impose the fine forthwith immediately and order a rectification in a
given time limit.
Article 18
Where a seller violates the provisions set out in Article 13 by selling or displaying with the intent to
sell any commodity not labeled in accordance with the provisions of this Act, the competent
authority in a municipality government or a county (city) government may notify the seller to stop
selling or displaying such commodity in a given time limit. If the seller fails to stop the sale or
display, a fine in an amount not less than NT$20,000 but not more than NT$200,000 shall be
imposed by the competent authority in a municipality government or a county (city) government
and the penalty may be imposed on a per-event basis.
Where the preceding situation constitutes a serious violation or the commodity is immediately
harmful to human body or health, the competent authority in a municipality government or a county
(city) government may impose the fine forthwith and order the seller to immediately cease to sell or
display the commodity.
Article 19
Where a seller, manufacturer, contractor, importer, distributor or representative of any other
premises where commodities are manufactured, stored or distributed violates the provisions set out
in Paragraph 1 or Paragraph 2, Article 14 by evading, impeding or refusing the spot check or
refusing to provide relevant information, a fine in an amount not less than NT$20,000 but not more
than NT$200,000 shall be imposed by the competent authority in a municipality government or a
county (city) government and the penalty may be imposed on a per-event basis.
Article 20
Where an Internet platform operator violates Article 15 by evading, impeding or refusing to provide
relevant information of the poster, supplier or seller, a fine in an amount not less than NT$20,000
but not more than NT$200,000 shall be imposed by the competent authority in a municipality
government or a county (city) government and the penalty may be imposed on a per-event basis.
Article 21
With regard to the penalties set forth in Articles 16 to 18, the competent authority in a municipality
government or a county (city) government may, if deemed necessary, may disclose the
name/company name and address of the manufacturer, distributor or seller, commodity, violations
and basis for concluding such violation on the website established by the central competent
authority.
Article 22
This Act shall come into force one year after its promulgation. |