Voluntary Report - Public distribution

**Date:** 1/23/2009

**GAIN Report Number:** TW9001

TW9001

**Taiwan**

**Organic Products**

**Update on Taiwan's New Organic Regulations and Labeling Requirements**

**2009**

**Approved by:**

![](media/image1.wmf)Keith Schneller, ATO Director

American Institute in Taiwan

**Prepared by:**

Katherine Lee, Agricultural Marketing Specialist

**Report Highlights:** The Taiwan Council of Agriculture (COA) plans to
implement the new regulations for "Imported Organic Agricultural Product
and Organic Agricultural Processed Products" as of January 29, 2009.
According to the latest notification on January 22,2009 on Taiwan's
Executive Yuan web site (see appendix 1)
<http://gazette.nat.gov.tw/EG_FileManager/eguploadpub/eg015016/ch07/type2/gov62/num35/Eg.htm>,
products manufactured before January 31, 2009 will be exempt from the
new labeling requirements until July 31, 2009. For products manufactured
after January 31 2009, imported raw or processed organic agricultural
products must be sourced from COA recognized countries of equivalence
and must comply with new labeling requirements. The importers are
required to apply for authorization on a batch basis for their products
to comply with new labeling requirements. Otherwise, they will be barred
from claiming "organic" on their packaging in either Chinese or English.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Taipei ATO \[TW2\]

\[TW\]

**Summary**

The Taiwan Council of Agriculture (COA) plans to implement the new
regulations for "Imported Organic Agricultural Product and Organic
Agricultural Processed Products" as of January 29, 2009. According to
the latest notification on January 22,2009 on Taiwan's Executive Yuan
web site (see appendix 1)
<http://gazette.nat.gov.tw/EG_FileManager/eguploadpub/eg015016/ch07/type2/gov62/num35/Eg.htm>,
products manufactured before January 31, 2009 will be exempt from the
new labeling requirements until July 31, 2009. For products manufactured
after January 31 2009, imported raw or processed organic agricultural
products must be sourced from COA recognized countries of equivalence
and must comply with new labeling requirements. This report summarizes
the application process and labeling requirements for organic products
based on the recent web site announcement and presentation made by the
chief of the COA's Agriculture and Food Agency at a recent AmCham
workshop.

**Application Requirements**

To obtain the required approval for organic claims on the packaging, the
importer must submit an application for AFA's review. The required
documentation is stipulated in Article 4 of the new regulations (see
below). This documentation must be issued by the accredited
certification agency providing the traceability information stated as
referenced in Article 5. An example of the USDA TM11 export certificate
form can be found below.

> **[Article 4\
> ]{.underline}**When an agricultural product or processed agricultural
> product is to be imported and sold as organic, the importer shall
> complete an application form and attach the following documents in
> duplicate and apply to the central competent authority for review
> prior to sale:\
> 1.A photocopy of business registration certificate;\
> **2.Documents demonstrating that the imported agricultural products or
> processed agricultural products have been granted organic
> certification;\
> **3.Related quarantine documents of the imported agricultural products
> or processed agricultural products;\
> 4.Chinese product labeling; and\
> 5.Other documents required by the central competent authority.
>
> ![](media/image2.wmf){width="3.464583333333333in"
> height="4.695833333333334in"}

**Labeling Requirements**

According to Item 6 of Article 8, the products are required to carry a
"serial" number approved by the AFA [on a batch basis for every organic
product shipment to Taiwan]{.underline}. The AFA will authorize the
importers to create their own "serial" number for the organic products
they bring into Taiwan. The number must include 16 digits as follows
(XXX-XXXXXXXX-XXXXX): code #1-3 represents the Taiwan calendar year,
code #4-11 represents the importer company's ID number, code#12-16
represents the non-duplicated sequential number the importer applies for
starting from 00001. PLEASE NOTE: Taiwan's official calendar year is 11
years behind the international calendar year. For example, the current
international calendar year of 2009 is 98 in Taiwan's official calendar
year. Therefore for code #1-3, the importer should state 098.

> Article 8\
> The central competent authority shall issue an organic labeling
> approval document to the applicant when the imported organic
> agricultural products and processed products pass the review.\
> The organic labeling approval document mentioned above shall state the
> following items:\
> 1.The name and address of the importer;\
> 2.The name of the factory (farm) in foreign countries;\
> 3.The name and batch number of the products;\
> 4.The weight or volume of the products;\
> 5.The name of the certification body; and\
> **6.The number of the organic labeling approval document.**

**Appendix 1: Translation of the execution guidelines of Article 27**

The original notification which was posted in Chinese on January 22,
2008 can be found at:
<http://gazette.nat.gov.tw/EG_FileManager/eguploadpub/eg015016/ch07/type2/gov62/num35/Eg.htm>
)

This is the ATO's unofficial translation of the posting: Agricultural
Production and Certification Act: the execution guidelines of Article 27

+-----------------+----------------------------------+-----------------+
| > Category of   | > Procedures                     | > Remark        |
| > Case          |                                  |                 |
+-----------------+----------------------------------+-----------------+
| > Any           | > Phase 1.                       | > 1\. To        |
| > agricultural  | >                                | > identify the  |
| > product       | > 1\. Enforcement period:        | > product       |
| > operator who  | > January 31, 2009-July 31, 2009 | > manufactured  |
| > sells organic | >                                | > after January |
| > agricultural  | > 2\. Fine applies to: any raw   | > 31, 2009, the |
| > products      | > or processed organic           | > manufacturing |
| > without       | > agricultural products          | > date on the   |
| > complying     | > manufactured after January 31, | > product       |
| > with the      | > 2009 and selling with organic  | > labeling is   |
| > paragraph 1   | > claims.                        | > used as       |
| > of article 5  | >                                | > proof. If the |
| > or paragraph  | > 3\. The violator will be fined | > product is    |
| > 1 of article  | > according to subparagraph 2 of | > not labeled   |
| > 6.            | > paragraph 1 of article 23.     | > with the      |
|                 | >                                | > manufacturing |
|                 | > Phase 2.                       | > date, the     |
|                 | >                                | > business      |
|                 | > 1\. Enforcement period: from   | > operator is   |
|                 | > August 1, 2009                 | > required to   |
|                 | >                                | > provide the   |
|                 | > 2\. Fine applies to any raw or | > related       |
|                 | > processed organic agricultural | > information   |
|                 | > products with organic claims   | > as proof.     |
|                 | >                                | >               |
|                 | > 3\. The violator will be fined | > ２、          |
|                 | > according to subparagraph 2 of | > According to  |
|                 | > paragraph 1 of article 23.     | > article 25,   |
|                 |                                  | > if the fine   |
|                 |                                  | > is confirmed  |
|                 |                                  | > and applied,  |
|                 |                                  | > the central   |
|                 |                                  | > competency    |
|                 |                                  | > authority is  |
|                 |                                  | > allowed to    |
|                 |                                  | > announce the  |
|                 |                                  | > name and the  |
|                 |                                  | > address of    |
|                 |                                  | > the           |
|                 |                                  | > agricultural  |
|                 |                                  | > product       |
|                 |                                  | > operator, the |
|                 |                                  | > name of the   |
|                 |                                  | > agricultural  |
|                 |                                  | > products, and |
|                 |                                  | > the violation |
|                 |                                  | > details.      |
+-----------------+----------------------------------+-----------------+
| > Any           | > 1\. From January 31, 2009      |                 |
| > agricultural  | >                                |                 |
| > product       | > 2\. Fine applies: any raw or   |                 |
| > operator who  | > processed organic agricultural |                 |
| > sells         | > products sell with organic     |                 |
| > products with | > claims                         |                 |
| > organic       | >                                |                 |
| > claims but    | > 3\. The violator will be fined |                 |
| > the products  | > according to subparagraph 2 of |                 |
| > are not       | > paragraph 1 of article 21.     |                 |
| > certified to  |                                  |                 |
| > be organic or |                                  |                 |
| > not allowed   |                                  |                 |
| > to use the    |                                  |                 |
| > organic seal  |                                  |                 |
| > (fake         |                                  |                 |
| > labels).      |                                  |                 |
+-----------------+----------------------------------+-----------------+
| > Any           | > Phase 1.                       |                 |
| > agricultural  | >                                |                 |
| > product       | > 1\. Enforcement period:        |                 |
| > operator who  | > January 31, 2009-July 31, 2009 |                 |
| > sells         | >                                |                 |
| > products with | > 2\. Fine applies to: any raw   |                 |
| > organic       | > or processed organic           |                 |
| > claims but    | > agricultural products          |                 |
| > does not      | > manufactured after January 31, |                 |
| > comply with   | > 2009 and selling with organic  |                 |
| > the labeling  | > claims                         |                 |
| > requirements  | >                                |                 |
| > stipulated in | > 3\. The violator will be fined |                 |
| > paragraph 2   | > according to subparagraph 1 of |                 |
| > and paragraph | > paragraph 1 of article 24.     |                 |
| > 2 of article  | >                                |                 |
| > 6.            | > Phase 2                        |                 |
|                 | >                                |                 |
|                 | > 1\. Enforcement period: from   |                 |
|                 | > August 1, 2009                 |                 |
|                 | >                                |                 |
|                 | > 2\. Fine applies to：any raw   |                 |
|                 | > or processed organic           |                 |
|                 | > agricultural selling with      |                 |
|                 | > organic claims                 |                 |
|                 | >                                |                 |
|                 | > 3\. The violator will be fined |                 |
|                 | > according to subparagraph 1 of |                 |
|                 | > paragraph 1 of article 24.     |                 |
+-----------------+----------------------------------+-----------------+
| > Any           | > 1\. Enforcement period: From   |                 |
| > agricultural  | > January 31, 2009               |                 |
| > product       | >                                |                 |
| > operator who  | > 2\. Fine applies: any raw or   |                 |
| > sells         | > processed organic agricultural |                 |
| > products with | > products selling with organic  |                 |
| > organic       | > claims                         |                 |
| > claims and    | >                                |                 |
| > does not      | > 3\. The violator will be fined |                 |
| > comply with   | > according to subparagraph 4 of |                 |
| > the           | > paragraph 1 article 24.        |                 |
| > requirement   |                                  |                 |
| > of no use of  |                                  |                 |
| > chemical      |                                  |                 |
| > pesticides,   |                                  |                 |
| > manure,       |                                  |                 |
| > livestock     |                                  |                 |
| > medication or |                                  |                 |
| > any other     |                                  |                 |
| > chemical      |                                  |                 |
| > compounds (in |                                  |                 |
| > article 13)   |                                  |                 |
+-----------------+----------------------------------+-----------------+

Appendix 2: Copy of USDA's Agricultural Marketing Service TM-11 form
which is used to accompany organic product exports from the United
States.

![](media/image3.jpeg){width="6.49375in" height="8.408333333333333in"}