Regulations for Reporting Incidents Caused by Commodities Subject to Inspection
1.中華民國九十七年三月二十一日經濟部經標字第 09704600800 號令訂 定發布全文 7 條;並自九十七年七月一日施行
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These Regulations have been established in accordance with Paragraph 4 of Article 49 of the Commodity Inspection Act.
1If commodities subject to inspection (hereinafter referred to as the commodity) have any of the following incidents, the obligatory inspection applicant shall make a report in accordance with these Regulations:
21.Where the commodity burns, explodes or melts and has caused damages to the life, health or properties of consumers or could present risks of damages; or
32.Where as a result of the incidents, a person dies or requires hospitalization for treatment.
1The obligatory inspection applicant shall report to the Bureau of Standards, Metrology and Inspection, Ministry of Economic Affairs (hereinafter referred to as the BSMI) the following information within 3 working days of obtaining information on the incidents mentioned in the preceding Article:
21.The name, brand, model/type number of the commodity, a description of the incident and a preliminary analysis of causes, the damages of the consumers, type of product hazards and the basic information of the notifying person; and
32.The serial number of the commodity, country of origin, distribution of the commodity, the total number of commodities involved, distribution channels, how the incident is discovered, the corrective action and information that is helpful to further understand the incident, remind the consumers or reduce the hazards.
4The obligatory inspection applicant shall provide all of the required information mentioned in subparagraph 2 of the preceding paragraph within 15 working days of obtaining information on the incidents as mentioned in the preceding Article. If the obligatory inspection applicant is not able to provide all information within the specified time limit with good cause shown, the complete information may be provided within 30 working days after obtaining the approval of the BSMI.
5Where the obligatory inspection applicant has difficulties in providing the complete information mentioned in Paragraph 1, related certification documents together with explanations might be used as an alternative upon the time of reporting.
1An obligatory inspection applicant may report the information mentioned in the preceding Article via mail, Internet, fax or other means that would deliver the information correctly. The time of making reports shall be the date when the information is mailed, electronically transmitted or faxed.
2Where the report is made orally, a written or electronic document shall be subsequently provided within the specified time limit in order to complete the notification procedure.
An obligatory inspection applicant shall document the time and action upon obtaining the information on incidents as mentioned in Article 2. The records of reporting time and other relevant records shall be kept for checks by the BSMI.
1Under any of the following circumstances, reporting shall be deemed not made:
21.Where the reporting is not made in accordance with the provisions of Article 3;
32.Where the reporting information is falsified or intentionally obscured; or
43.Where the reporting information is ambiguous or dubious and is not subsequently supplemented or explained, upon receipt of the BSMI notice, without good cause shown and within the specified time limit.
These Regulations shall take effect on July 1, 2008.