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英譯法規內容

法規名稱(Title) Organic Agriculture Promotion Act Ch
公發布日(Date) 2018.05.30
法規沿革(Legislative) 1.Promulgated by the Presidential Decree on May 30, 2018
法規內文(Content) Chapter 1 General Principles

Article 1
The Act has been established for maintaining water and soil
resources, ecological environment, biodiversity, animal welfare
and consumer interests, and promoting agricultural operation
that is eco-friendly and sustainable use of resources.

Article 2
The term "competent authority" used in this Act is the Council
of Agriculture of the Executive Yuan at the central level; the
municipal/county/city governments at the local level.

Article 3
The terms used in this Act shall be defined as the following:
1. Agricultural product: Any product which is produced or
    processed as food by utilizing natural resources,
    agricultural materials and technology, including
    cultivation, forestry, aquaculture, and animal husbandry or
    any product promulgated by the Central Competent Authority.
2. Operator: Any individual or legal entity who engages in the
    production, processing, packaging, importing, distribution
    or sale of agricultural products.
3. Organic agriculture: Any farming practice including
    cultivation, forestry, aquaculture, and animal husbandry
    without using chemical fertilizer, chemical pesticide,
    genetically modified organism (GMO), and related products,
    based on the principle of ecological balance and nutrient
    recycling.
4. Organic agricultural product: Any agricultural product
    that is produced, processed, packaged and distributed in
    accordance with the certification standard established by
    the Central Competent Authority and certified under this
    Act, or any imported agricultural product approved in
    accordance with Article 17 paragraph 1 of this Act.
5. In-conversion agricultural product: Any agricultural product
    that is undergoing conversion to organic, during which the
    product is required to be produced, processed, packaged and
    distributed in accordance with the certification standard
    established by the Central Competent Authority and certified
    under this Act.
6. Organic mark: The mark used to indicate the agricultural
    product to be organic.
7. Labeling: Words, graphics, symbols or additional instruction
    affixed to agricultural products, the containers or
    packaging of agricultural products when displayed or for
    sale.
8. Accreditation body: An institution or legal entity who is
    reviewed and permitted by the Central Competent Authority
    and with the qualification to conduct accreditation
    activities prescribed by this Act.
9. Accreditation: The process in which the accreditation body
    evaluates whether an institution, school or legal entity is
    qualified to provide certification services prescribed by
    this Act under a contract.
10. Certification body: An institution, school or legal
    entity who is accredited by the accreditation body to
    provide certification services.
11. Certification: The process in which the certification
    body verifies whether the production, processing, packaging
    or distribution of a specific agricultural product is
    in compliance with this Act under a contract with the
    respective operator.

Chapter 2 Promotion of Organic Agriculture

Article 4
The competent authority shall promote the agricultural
production management system which adopts the approach of
agronomical, biological, and machinery operation and uses
natural resources, excluding synthetic chemicals and GMOs,
in order to fulfill the eco-friendly requirement of organic
agriculture.

The above organic agriculture that competent authority shall
promote includes eco-friendly farming, despite it not certified
as mentioned in subparagraph 11 of Article 3.

The competent authority shall uphold the principle of balancing
supply and demand in promotion of organic agriculture by
proceeding with the development and implementation of new
technology prudently and reasonably, improving production
techniques and product quality of the operator, making the
organic agricultural products accessible to consumers, enlarging
the
understanding, and gaining consumer trusts. All these efforts
are for the purpose of making farmers willing to engage in
organic agriculture.

Article 5
To promote the sustainable development of agriculture, the
Central Competent Authority shall set up the consultant board,
consult related authorities (institutions) and organizations on
its path toward a country with full organic adoption. Every four
years Organic Agriculture Promotion Program shall be revised and
implemented after approved by the Executive Yuan.

Contents of the Organic Agriculture Promotion Program are as
follow:
1. The target organic agricultural production area, its
    proportion of total arable land, and the annual budget
    allocation.
2. Forward-looking development plan and status survey for
    organic agriculture.
3. Counseling for organic agricultural production, marketing,
    and product certification.
4. Incentives and subsidies for conversion to organic
    agriculture and environment preservation.
5. Improvement of agricultural practices, research and
    development of agricultural technologies, and personnel
    training for organic agriculture and organic agricultural
    products.
6. Promotion of organic agricultural products and organic food
    and farming education for authorities (institutions) at all
    levels, schools, and consumers.
7. Counseling relevant civil groups for the promotion of organic
    agriculture.
8. Other tasks that facilitate the development of organic
    agriculture.

In promotion of organic agriculture, the competent authority
shall allocate ample budget, which will be raised every four
years on a roll planning basis, for conducting tasks mentioned
in the previous paragraph, in pursuance of full organic
adoption.

The Central Competent Authority shall establish the standard
on the principle of proportionality for issuing incentives and
subsidies mentioned in subparagraph 4 of paragraph 2.

Article 6
The Local Competent Authorities shall review the districts
of their jurisdiction annually and locate suitable areas to
establish organic agricultural promotion zones while encouraging
civil production cooperatives or collaborative marketing
organizations to participate in the establishment.

Public land or lands of state-owned enterprises suitable
for agricultural production shall be prioritized for the
establishment of organic agricultural promotion zones. The
competent authority shall prioritize in providing assistance
or subsidies on public infrastructure and marketing facilities
(equipment) in organic agricultural promotion zones.

The Local Competent Authorities may provide assistance to
farmers in organic agricultural promotion zones established
under paragraph 1 who have not yet adopted organic agricultural
production and require them to take necessary measures to avoid
the impediment of organic agricultural production at neighboring
lands.

Article 7
The competent authority may provide proper assistance to
operators on the certification fees, the technology upgrade,
marketing channel expansion, production-marketing facilities
(equipment), materials, fund loan and other organic agriculture
related matters in accordance with this Act as well as
incentives for seed reserving, breeding activities, and seedling
production of organic agriculture; the operators in organic
agricultural promotion zones of the previous paragraph may be
prioritized in receiving assistance and incentives.

The operator who rents public lands or lands of state-owned
enterprises for organic agricultural production shall be
provided with a rental discount.

For the operator who rents public lands or lands of state-
owned enterprises under the previous paragraph for organic
agricultural production and has been certified according to
subparagraph 11 of Article 3, the land lease shall be guaranteed
for a period from 10 years up to 20 years and free from the
restriction of the lease period stipulated in Article 43 of
National Property Act.

The regulations governing the rental discount mentioned in
paragraph 2, guaranteed land lease period in the previous
paragraph, and matters concerning lease management shall be
established by the Central Competent Authority after it consult
with the management authority of public lands or state-owned
enterprises lands and relevant departments.

Article 8
The competent authority shall establish online platforms
to integrate certification data from certification bodies
and information about organic farming, marketing, materials
permitted for organic production, seedlings, qualified organic
imports, and else for public query.

Article 9
The competent authority shall encourage relevant authorities
(institution), organizations or enterprises for preferential use
of local organic agricultural products.

The competent authority shall counsel authorities (institution),
organizations or enterprises to establish farmers’ market to
provide the channels for selling organic agricultural products.

The competent authority may assist operators in establishing
online platforms to provide consumers with direct channels to
purchase from producers.

Article 10
The competent authority shall devote to organic agriculture
technology research and the provision of information and
personnel training.

The competent authority shall encourage its personnel to
participate in organic agriculture related training.

The Central Competent Authority shall participate in
international organizations and international cooperation
affairs to carry out the exchange of information, technology and
personnel related to organic agriculture.
Chapter 3 Management of Accreditation Body and Certification
Body
Article 11
Any institution or legal entity shall not engage the following
accreditation activities until submitting the documents to apply
for and obtaining the permission from the Central Competent
Authority and any amendments thereto.

The validity of the certificate of the aforementioned permission
shall not exceed 5 years and shall be renewed by the Central
Competent Authority one year prior to expiration. The validity
of renewed certificate shall not exceed 5 years.

The accreditation tasks conducted by accreditation bodies are
the following:
1. Accepting and reviewing accreditation applications.
2. Signing accreditation contracts with those who are qualified.
3. Issuing accreditation certificates to the certification
    bodies in the qualified scope.
4. Assessing the accredited certification bodies through
    examining their certification activities.
5. Other tasks related to accreditation activities.

Accreditation bodies shall be subject to supervision by the
Central Competent Authority and shall not evade from, impede, or
refuse such supervision or provide false data. The accreditation
bodies shall comply with the following :
1. Accepting accreditation applications from the countries or
    areas approved by the Central Competent Authority.
2. Establishing and submitting accreditation standards to the
    Central Competent Authority for approval. The amendments or
    abolishment of which are included.
3. Reviewing accreditation application and assessing the
    certification bodies in accordance with accreditation
    standards approved by the Central Competent Authority.
4. Retaining records related to accreditation tasks for at least
    5 years and notifying the Central Competent Authority for
    the record.
5. Assisting and coordinating with the Central Competent
    Authority on examining accredited certification bodies.
6. For certification bodies unable to provide certification
    services, the accreditation bodies shall coordinate among
    certification bodies for their certification business to be
    taken over.

The Central Competent Authority shall establish regulations to
stipulate the eligibility, procedure, required documents, and
criteria for the application of permission and its amendment
specified in paragraph 1;
required documents for renewal application specified in
paragraph 2;
the items that shall be described in the certificates specified
in subparagraph 3 of paragraph 3;
the procedures and methods for supervising, managing, examining
the accreditation bodies, the required coverage of accreditation
standards, the required items related to the accreditation tasks
to be recorded, and the notification documents specified in the
above paragraph; and other relevant requirements.

Article 12
Any institution, school, or legal entity shall not engage
in the certification activities until being accredited by an
accreditation body and receiving the accreditation certificate
in the qualified scope.

The certification activities of certification bodies are the
following:
1. Signing contracts with operators to certify their
    agricultural products in accordance with the certification
    standards.
2. Issuing certificates of organic agricultural products and in-
    conversion agricultural products and controlling the organic
    marks used by the certified operators.
3. Inspecting agricultural products according to the contracts.
4. Other certification related activities promulgated by the
    Central Competent Authority.

The Central Competent Authority shall establish the
certification standards, categories, and items of agricultural
products mentioned in subparagraph 1 of the above paragraph.

The certification bodies engaging in the aforementioned
certification activities shall retain the data and records
according to the items, methods and periods promulgated by the
Central Competent Authority. The certification bodies shall
provide those data and records when requested by the Central
Competent Authority. The certification bodies shall not evade,
impede, or refuse the examination or provide false data or
records.

Article 13
The certification bodies may sign agreements with operators to
determine the scope of certification in production, processing,
packaging, or distribution of agricultural products.

The Central Competent Authority may promulgate the upper limit
for certification service fee.

When a certification body is unable to provide certification
services due to withdrawal of accreditation, termination of
accreditation contract, dismissal, or any other causes, the
contracted operator shall sign a new contract with another
certification body within the period specified by the Central
Competent Authority. The status of organic agricultural products
or in-conversion agricultural products remains certified during
the above specified period.

Article 14
The Central Competent Authority may promulgate mandatory or
prohibitory items in the contracts between the accreditation
bodies and certification bodies as well as between the
certification bodies and operators.

Provisions of the contract that violate the above items are
null and void. Other parts of the contract that stand without
the above null and void parts may still be effective. But, if
the contract is unconscionable to one of the parties, then the
entire contract shall be rendered null and void.

Provisions promulgated by the Central Competent Authority but
not specified in contracts shall still constitute a part of the
contract.

Chapter 4 Management of Organic Agricultural Products

Article 15
The Central Competent Authority shall promulgate the substances
allowed to be used in production, processing, packaging,
distribution and sale of organic agricultural products and in-
conversion agricultural products.

Except for the aforementioned substances, operators shall not
use prohibited substances such as GMO derived products, chemical
pesticides, chemical fertilizers, animal drugs, and other
synthetic chemical substances.

Operators shall ensure the organic agricultural products and
in-conversion agricultural products they produced, processed,
packaged, distributed, and sold contain no prohibited substances
as stated in the previous paragraph.

Article 16
Agricultural products shall be certified to be organic
throughout their production, processing, packaging, and
distribution before they can be sold, labelled, displayed or
advertised as organic.

Agricultural products shall be certified to be in conversion
throughout their production, processing, packaging, and
distribution before they can be sold, labelled, displayed or
advertised as in-conversion agricultural products.

The day after the anniversary date of the implementation of
this Act, any non-natural operator, such as a legal entity,
business, farm, unincorporated body, and ranch shall not use
the term “organic”, as a whole or a part of its name, unless all
agricultural products sold are certified or reviewed qualified
according to subparagraph 2 of paragraph 1 of Article 17.

Article 17
Imported agricultural products shall meet one of the following
conditions before they can be sold, labelled or advertised as
organic :
1. Certified by a domestic or foreign certification body
    accredited by ROC, given that the certification activities
    are performed within the territory prescribed on the
    accreditation certificate.
2. Certified by a certification body accredited by a country
    or member of World Trade Organization that is in organic
    equivalence with ROC, given that the certification
    activities are performed within the territory of the
    accrediting country or WTO member, reviewed qualified by the
    Central Competent Authority at the request of the importer,
    and issued with an approval document.


Countries or members of WTO with organic equivalence defined
in paragraph 2 shall sign the mutual organic equivalence
recognition treaty, agreement, or other official documents
with ROC. After signing, the countries or members shall be
promulgated by the Central Competent Authority.

The Central Competent Authority shall establish the regulations
to stipulate the application requirement, the review procedures,
the data to retain, the labeling, the management, and other
relevant items, as described in subparagraph 2 of paragraph 1.

Article 18
The container or packaging of organic agricultural products and
in-conversion agricultural products shall be notably indicated
in Chinese and common symbols with the following items:
1. Product name. For organic agricultural products, the term
    “organic” shall be indicated; for in-conversion agricultural
    products, the term “in-conversion agricultural products”
    shall be indicated.
2. Ingredients. Those containing more than one ingredient shall
    be accordingly indicated in a descending order of
    proportion; in the case of a product containing single
    ingredient represented by the product name, the product is
    exempted from ingredient indication.
3. The name, address, and telephone number of the operator. In
    the case of organic products being imported, the name,
    address, and telephone number of the importer shall be
    indicated instead.
4. Origin (country). However, those with the address of the
    manufacturing plant or certification site that can represent
    the origin indicated are exempted.
5. Name of the certification body.
6. Certificate number. Organic agricultural products imported
    in accordance with subparagraph 2 of paragraph 1 of Article
    17 shall be indicated with the number of approval document.
7. Other items required to be indicated promulgated by the
    Central Competent Authority.

In case of difficulty to label the items mentioned in the
previous paragraph due to the limited package surface area,
material, or other conditions, the Central Competent Authority
may promulgate conditions for exemption or alternative
indication methods.

For any changes to the subject matter being indicated according
to the paragraph 1, the label shall be updated within three
months of the occurrence of the changes.

Article 19
Operators selling organic agricultural products and in-
conversion agricultural products in bulk package shall display
the name, the origin (country) of the products on site with
billboards, with a duplicate copy of the certificate of organic
certification or in-conversion presented. Those selling organic
agricultural products imported under subparagraph 2 of paragraph
1 of Article 17 shall present a duplicate copy of the approval
document.

The aforementioned disclosure of product name and origin
(country) is subject to provisions in subparagraph 1 and 4 of
paragraph 1 of the pervious article.

The Central Competent Authority shall establish the regulations
governing the items, methods, and other requirements regarding
indication and display specified in the above 2 subparagraphs
and the previous article.

Article 20
Only agricultural products certified as organic under this Act
are allowed to be labeled with organic mark.

The Central Competent Authority shall establish regulations to
stipulate the specification, design, use condition, and other
requirements regarding the above organic mark.

Article 21
Those entrusted to disseminate advertisement about organic
agricultural products or in-conversion agricultural products
shall retain the following records for 6 months from the
date of the first broadcast: the entruster’s name , personal
identification number or business registration number,
residence, the address of the residence or office, the telephone
number, and the content of dissemination. When requested for
provision by the competent authority, the entrustee shall not
evade, impede, refuse, or provide false data.

Article 22
The competent authority may assign staffs with proof of
identity to enter the premise concerning production, processing,
packaging, storing, selling, and other operations as well as
transporting vehicles related to organic agricultural products
or in-conversion agricultural products to examine, sample for
test, or acquire data or record from operators. Any subject
shall not evade, impede, refuse, or provide false data or
record.

Article 23
For testing of organic agricultural products and in-conversion
agricultural products, the Central Competent Authority shall
refer to the test methods established in Act Governing Food
Safety and Sanitation by the Central Competent Authority of
Health and Welfare. For the test methods not been established
by the Central Competent Authority of Health and Welfare, other
international recognized test methods can be referred to.

The Central Competent Authority may appoint its affiliated
testing body (institution) or entrust other bodies
(institutions), schools, or organizations for the above testing.

Article 24
Dissident for the result of testing, the operator may apply for
a retest to the original sampling authority and pay the retest
fees within 15 days on receiving the notice, and is limited to
once.

Upon accepting the retest application, the sampling authority
shall notify the original testing body to conduct a retest of
the original specimen within 7 days. The authority may refuse
the retest application if the specimen has deteriorated or could
not be preserved properly.

Article 25
When the organic agricultural products and in-conversion
agricultural products tested contain the prohibited substances
specified in paragraph 2 of Article 15 or any other matters
violating the provision of this Act, the competent authorities
may prohibit the operator or owner from transporting the
agricultural products and order them to withdraw or recall the
product from the market, or take other appropriate measures.

Article 26
The competent authority shall keep the identification of those
reporting a potential violation of this Act confidential, and
those enable the identification of such violation shall be
rewarded.

The Central Competent Authority shall establish regulations
governing the reporting, rewarding and other relevant matters
prescribed in the previous paragraph.

Chapter 5 Penalties

Article 27
In one of the following situations, a subject is fined from
NTD600,000 up to NTD60,000,000:
1. Violation of paragraph 1 of Article 11, engaging in
    accreditation activities without the permission of the
    Central Competent Authority or engaging in accreditation
    activities without the renewal permission of the Central
    Competent Authority in accordance with paragraph 2 of
    Article 11.
2. Violation of the suspension of accepting new accreditation
    applications imposed on accreditation bodies by the Central
    Competent Authority under paragraph 1 of Article 33.

Article 28
Violating paragraph 1 of Article 12 by engaging in certification
activities without accredited by an accreditation body and
obtaining a corresponding certificate is fined from NTD300,000
up to NTD30,000,000.

Article 29
Under any of the following circumstances, a fine from NTD200,000
up to NTD2,000,000 is applicable to each individual violation:
1. Violation of paragraph 1 of Article 20, labeling organic mark
    on uncertified products.
2. Violating the suspension of the usage of organic mark imposed
    by the Central Competent Authority under paragraph 2 of
    Article 32.

Article 30
Under any of the following circumstance, a fined from NTD100,000
up to NTD1,000,000 is applicable to each individual violation:
1. Violation of paragraph 4 of Article 12, evading, impeding,
    or refusing the examination by the competent authority,
    or providing false data and records, or failing to retain
    relevant data and records in accordance with the items,
    methods, and time periods promulgated by the Central
    Competent Authority.
2. Violation of Article 21, failing to retain data, evading,
    impeding, or refusing to provide data or providing false data.
3. Violation of Article 22, evading, impeding or refusing
    the staffs of the competent authority entering the premise
    or transporting vehicles for the purpose of conducting
    examination, or sampling specimen for testing, or failing to
    provide relevant data or records, or providing false data or
    records.
4. Failing to comply with the proceedings by the Central
    Competent Authority under Article 34.

Article 31
Under any one of the following circumstances, an operator is
subject to a fine from NTD60,000 up to NTD600,000 for each
individual violation:
1. Violation of paragraph 2 of Article 15, using the prohibited
    substances.
2. Violation of paragraph 3 of Article 15, the organic
    agricultural products and in-conversion agricultural
    products containing the prohibited substances; however,
    operators validating that they have taken necessary
    precautionary measures, and their fields are identified
    by the competent authority to be contaminated by adjacent
    farms, are exempted from penalties.
3. Violation of paragraph 1 and 2 of Article 16 or paragraph 1
    of Article 17, agricultural products not certified or
    imports not reviewed qualified being sold, labeled,
    displayed, or advertised as organic or in a misleading way.
4. Violation of paragraph 3 of article 16, non-natural person
    operator using the term “organic” as whole or a part of its
    name without having all its product certified or reviewed
    qualified under subparagraph 2 of paragraph 1 of Article 17.
5. Violating the suspension of selling, labeling, displaying, or
    advertising products as organic imposed by the Central
    Competent Authority under paragraph 2 of Article 32.

Operators in the above situations in production, processing,
packaging, or distribution under the instruction of an entruster
or client shall inflict penalties on the entruster or client
instead.

Article 32
Under any of the following circumstances, operators shall
be order to correct within a specified period; a fine from
NTD30,000 up to NTD300,000 is applicable to those unable to
comply in time and to each individual violation.
1. Not labeling in accordance with paragraph 1 of Article 18,
    making false labeling, or not updating the label within
    3 months of the date when a change to the subject matter
    indicated occurs in accordance with paragraph 3 of Article
    18.
2. Violation of paragraph 1 of Article 19, not displaying the
    product name, origin, a duplicate copy of the certificate
    of organic certification or in-conversion certification,
    or a duplicate copy of the approval document; violation
    of paragraph 2 of Article 19, which directly refers to
    subparagraph 1 and 4 of paragraph 1 of Article 18, not
    displaying the product name or origin (country).
3. Violation of paragraph 3 of Article 19 regarding the items
    and methods of labeling and displaying.
4. Violation of paragraph 2 of Article 20 regarding the
    specification, design, and usage of organic marks.

For any one of the above situations, the competent authority
shall suspend the operators’ usage of organic mark, selling,
labeling, displaying, and advertising products as organic for a
period from 3 months up to 1 year.

Article 33
For any one of the following situations, the Central Competent
Authority shall warn the accreditation bodies according to the
severity, or impose a penalty of suspending the accreditation
bodies to accept new accreditation applications for a period
from 2 months up to 2 years:
1. Violation of paragraph 4 of Article 11, accreditation bodies
    evading, impeding, or refusing the supervision by the
    Central Competent Authority, or providing false data.
2. Violation of subparagraph 1 of paragraph 4 of Article 11,
    accreditation bodies accepting accreditation applications
    from countries or areas not permitted by the Central
    Competent Authority.
3. Violation of subparagraph 2 of paragraph 4 of Article
    11, accreditation bodies failing to report the formulation,
    amendment or abolishment of accreditation standards to the
    Central Competent Authority.
4. Violation of subparagraph 3 of paragraph 4 of Article
    11, accreditation bodies failing to review accreditation
    applications or assess certification activities performed by
    the certification body in accordance with standards approved
    by the Central Competent Authority.
5. Violation of subparagraph 4 of paragraph 4 of Article 11,
    failing to retain records related to accreditation task
    for at least 5 years, keeping false records, or failing to
    notify the Central Competent Authority for the record.
6. Violation of subparagraph 5 of paragraph 4 of Article
    11, accreditation bodies failing to comply with the Central
    Competent Authority on examining the certification bodies
    they accredited.
7. Violation of subparagraph 6 of paragraph 4 of Article 11,
    accreditation bodies failing to entrust other accreditation
    bodies with their accreditation tasks when they are unable
    to fulfill those obligations.
8. Violation of paragraph 5 of Article 11, regarding the
    supervision and management of accreditation bodies, the
    required items related to the accreditation tasks to be
    recorded, and the notification documents specified in the
    above paragraph.

If an accreditation body has been suspended from accepting new
applications by the Central Competent Authority under the above
paragraph twice in the previous 3 years, another violation
specified in the previous paragraph shall result in Central
Competent Authority abolishing the permission and prohibit
accreditation body to apply for permission under paragraph 1 of
Article 11 for a period from 2 years up to 5 years.

For accreditation body repealed under the above paragraph,
the Central Competent Authority shall assume the accreditation
body’s contracts signed with the certification bodies; those
certification bodies shall enter into an accreditation contract
with other accreditation bodies within the period designated by
the Central Competent Authority, and the accreditation contracts
with the Central Competent Authority will thereby be terminated
at the same time.

Article 34
For agricultural products appearing in advertisements and
meeting conditions specified in Article 31 or Article 32, aside
from penalties prescribed by this Act, the following proceedings
also apply:
1. Enforcing the advertiser to order the broadcast of corrective
    advertising on the same page or timeslots of the original
    broadcast that shall extend apology and corrective message.
2. Enforcing the broadcaster to suspend the broadcast and
    withdraw advertising materials.

Article 35
For situations specified between Article 29 and 32, aside
from imposing penalties under the relevant regulations, the
administrator may announce the details of violations, the
product name, the name and address of operators, the name of
its affiliated legal entities, organizations, firm offices, or
business premise, the name of its manager or representative, and
the site and date the agricultural product sampled.

Article 36
The penalties established by this Act, except those targeting
accreditation bodies and certification bodies, which are imposed
by the Central Competent Authority, are carried out by the
municipality or county (city) government.

Chapter 6 Supplementary Provisions

Article 37
For countries promulgated by the Central Competent Authority
as organic equivalent under paragraph 1 of Article 6 of
Agricultural Production and Certification Act prior to the
implementation of this Act, if they fail to reach mutual organic
equivalence with ROC by signing a bilateral treaty, agreement,
or official document within one year of the implementation of
this Act, the Central Competent Authority shall abolish the
equivalence recognition.

For certification bodies of a country with equivalence
recognition abolished under the previous paragraph, agricultural
products certified by them and reviewed qualified by the Central
Competent Authority prior to the abolishment are allowed to be
sold, labeled, displayed, or advertised as organic, even after
the abolishment enters into effect.

Article 38
Prior to the implementation of this Act, the certification
bodies that have been accredited to conduct certification
activities under the Agricultural Production and Certification
Act and other relevant regulations shall retain their accredited
status for 18 months after the implementation of this Act.
During which the certification bodies may conduct certification
activities under Agricultural Production and Certification Act.

Prior to the implementation of this Act, the organic
agricultural products that have been certified under the
Agricultural Production and Certification Act shall be
deemed certified under this Act for up to 18 months after
the implementation of this Act, given that the certificate of
organic certification is within its valid period.

Article 39
In the absence of domestic institutions or legal entities
serving as accreditation bodies, the Central Competent Authority
may promulgate itself other designated institutions or legal
entities as the accreditation body for a limited period.

In the absence of domestic institutions, schools or legal
entities serving as certification bodies, the Central Competent
Authority may promulgate institutions, schools, or legal
entities as the certification body for a limited period.

Article 40
Unless otherwise stipulated in this Act, the provisions of
Agricultural Production and Certification Act relating to
organic agricultural production no longer apply from the
implementation date of this Act.

Article 41
Enforcement rules for this Act shall be established by the
Central Competent Authority.

Article 42
This Act shall enter into force one year after the date of
promulgation.