To deal with the fast adjustments in enterprise and the affluent growth of data know-how lately, the Amendments to the Commodity Labeling Act cleared by three readings on the Legislative Yuan on Might 3, 2022 and had been promulgated by the President on Might 18. These amendments are highlighted under:
1. Particular commodities as introduced are exempted from labeling pursuant to the Commodity Labeling Act (Article 4):
At current, aside from particular commodities resembling meals, medicine, and cosmetics, that are individually regulated by particular legal guidelines, different basic commodities resembling garments, footwear and socks, 3C, toys, and many others., ought to be labeled in accordance with the provisions of the Commodity Labeling Act. In view of the traits and practices of sure commodities (resembling gold ornaments, books, and many others.), which may hardly be labeled strictly in accordance with the Commodity Labeling Act, the brand new legislation authorizes the Ministry of Financial Affairs (hereinafter, the “MOEA”), the central competent authority, to think about the rights of customers, buying and selling habits, and the traits of commodities, and to announce that particular commodities could be exempted from labeling in accordance with the Commodity Labeling Act and be labeled, as an alternative, primarily based on the buying and selling habits or industrial practices of the precise commodities.
2. The labeling obligors are specified (Article 5):
Along with the “producers” of home merchandise and the “importers” of imported merchandise, who’re commodity labeling obligors, the brand new legislation additionally stipulates that the operators commissioning the manufacture and interesting in bulk repackaging on the market are additionally labeling obligors.
3. Adjustment of the commodity labeling strategies
(1) Introduced commodities could also be electronically labeled (Article 10).
Present commodity labels, in precept, shall be labeled on the product itself, inside and exterior bundle, or within the instruction guide. To accommodate technological growth, the brand new legislation authorizes the central competent authority to announce the adoption of digital labeling strategies, resembling two-dimensional bar codes or QR codes, for particular classes of commodity.
(2) Manufacturing dates could also be labeled by the “12 months, Month” or “12 months, Week” (Article 6).
For the present labeling technique of “manufacturing dates,” the MOEA has defined by a round that if the commodity has “no shelf life,” it’s permitted to label the “12 months, Month” and presume that the “manufacturing date” is the primary day of the month and yr. For a commodity that has a “shelf life,” the “12 months, Month, Date” ought to be specified. The brand new legislation thought-about worldwide labeling practices for reference and particularly requires that the manufacturing date could also be labeled by the “12 months, Month ” or the “12 months, Week,” and that if the “12 months, Week” labeling is adopted, a textual content ought to be included to tell customers.
(3) Sure gadgets could also be labeled by worldwide phrases or symbols, or solely in international languages (Article 11).
For the commodity labeling language, the present legislation requires that labeling ought to be mainly carried out in Chinese language. The brand new legislation eases the requirement by stipulating that aside from the commodity identify and the identify, deal with, and repair numbers of the home provider, worldwide phrases or symbols could also be used for the labeling of things required to be labeled pursuant to legislation. For instance, “centimeter” could also be labeled as “cm” or the mathematic image “±” could also be used to label the tolerance of amount. As well as, the MOEA, the central competent authority, might also announce that particular labeling gadgets could also be labeled in English or different international languages solely.
4. The following technique for dealing with change of producer info of merchandise which were put in the marketplace is moreover stipulated (Article 6, Paragraph 3).
If the identify, deal with, or phone variety of the producer is modified after the commodity is put in the marketplace, enforcement can be too pricey and troublesome if the producer is required to recall and proper all of the commodities. Due to this fact, the brand new legislation moreover gives that if the related info of home producers has modified after the labeling, it isn’t required to vary the labeling of the products which were circulated into the market, and the adjustments shall be made public in a means that buyers can know at any time, resembling announcement on the corporate’s official web site or information media, and many others.
5. Add inspection websites apart from the promoting websites, and embrace on-line purchasing platforms within the regulation (Article 14 and Article 15).
To strengthen enforcement, the brand new legislation moreover gives that native authorities might go to producers, entities commissioning the manufacture, importers, repackaging operators, or different commodity manufacturing, storage, or repackaging premises for inspection. The brand new legislation additionally consists of on-line purchasing platform operators within the regulation and moreover gives that when items are offered on the Web, platform operators have the duty to offer details about the writer, provider, or vendor of the products, and violators could also be fined NT$20,000 to NT$200,000 for every occasion.
6. The penalty mechanism is revised the place a penalty could also be imposed immediately with out notification for rectification if the violation of the legislation is critical or poses a direct hazard to well being (Articles 16 to 18).
To take care of circumstances which might be detected and contain non-compliance with the necessities of the Commodity Labeling Act, the native authority is required underneath the present legislation to first notify the producer to rectify inside a acknowledged interval and will impose a high-quality solely when rectification just isn’t made inside the interval. In consequence, some operators don’t proactively adjust to legal guidelines and rules voluntarily till their violations are detected. The brand new legislation stipulates that if the violation of the Commodity Labeling Act is critical or if the products pose a direct hazard to human our bodies or well being, the native authority might impose a penalty immediately and demand rectification inside a acknowledged interval.
The newly amended Commodity Labeling Act will come into impact on Might 18, 2023, and the MOEA is predicted to successively prescribe associated sublaws. Operators are suggested to concentrate to related necessities.