Required Report - Public distribution

**Date:** 8/28/2007

**GAIN Report Number:** TW7033

TW7033

**Taiwan**

**Agricultural Situation**

**Taiwan Changes Labeling and import Regulations**

**2007**

**Approved by:**

![](media/image1.wmf)Alan Hallman

American Institute in Taiwan

**Prepared by:**

Rosemary Kao, Amy Hsueh

**Report Highlights:**

Taiwan has made significant changes to both labeling requirements and to
its import inspection system. Its decision to discontinue monitoring
only inspections for grains and other products without establishing
maximum residue limits for commonly used pesticides and additives has
led to trade disruptions. This report outlines requirements for food and
agricultural imports into Taiwan. The report aims to assist U.S.
exporters with labeling, packaging, import procedures, and other
relevant information. Please contact this office if you have any
comments, corrections, or suggestions about the material contained in
this report (see Appendix II for contact information). Please see
Disclaimer on page 3.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Taipei \[TW1\]

\[TW\]

Table of Contents

[SECTION I. FOOD LAWS 3](#section-i.-food-laws)

[SECTION II. LABELING REQUIREMENTS
4](#section-ii.-labeling-requirements)

[General Requirements 4](#general-requirements)

[Requirements Specific to Health Foods
5](#requirements-specific-to-health-foods)

[Requirements Specific to Nutritional Labeling
6](#requirements-specific-to-nutritional-labeling)

[SECTION III. PACKAGING & CONTAINER REQUIREMENTS
11](#section-iii.-packaging-container-requirements)

[SECTION IV: FOOD ADDITIVE REGULATIONS
11](#section-iv-food-additive-regulations)

[SECTION V. PESTICIDE AND OTHER CONTAMINANTS
13](#section-v.-pesticide-and-other-contaminants)

**SECTION VI.  OTHER REGULATIONS AND
REQUIREMENTS......................................14Tariffs........................................................................................................................14Phytosanitary
Certificates........................................................................................14Meat
and
Poultry.......................................................................................................14Pet
Food....................................................................................................................15Seafood.....................................................................................................................15**[SECTION
VII. OTHER SPECIFIC STANDARDS
16](#section-vii.-other-specific-standards)

[Registration of Imported Food in Tablet or Capsule Forms
16](#registration-of-imported-food-in-tablet-or-capsule-forms)

[Registration of Special Dietary Food
17](#registration-of-special-dietary-food)

[SECTION VIII. COPYRIGHT AND/OR TRADEMARK LAWS
19](#section-viii.-copyright-andor-trademark-laws)

[SECTION IX. IMPORT PROCEDURE 19](#section-ix.-import-procedure)

[Brokers 19](#brokers)

[Shipping Documentation 19](#shipping-documentation)

[Fees 19](#fees)

[Length of Customs Clearance Procedures
20](#length-of-customs-clearance-procedures)

[APPENDIX I: REGULATORY AGENCY CONTACTS
20](#appendix-i-regulatory-agency-contacts)

[Food Safety 20](#food-safety)

[Animal and Plant Quarantine 20](#animal-and-plant-quarantine)

[APPENDIX II. OTHER IMPORT SPECIALIST CONTACTS
20](#appendix-ii.-other-import-specialist-contacts)

**DISCLAIMER:** The Agricultural Affairs Section and Agricultural Trade
Office of the American Institute in Taiwan have prepared this report for
exporters of U.S. food and agricultural products. While every possible
care was taken in the preparation of this report, information provided
may not be completely accurate either because policies have changed
since its preparation, or because clear and consistent information about
these policies was not available. Before U.S. exporters ship any goods,
it is highly recommended that they verify the full set of import
requirements with their foreign customers who are normally best equipped
to research such matters with local authorities.

**FINAL IMPORT APPROVAL OF ANY PRODUCT IS SUBJECT TO THE RULES AND
REGULATIONS OF THE TAIWAN AUTHORITIES AS INTERPRETED BY BORDER OFFICIALS
AT THE TIME OF PRODUCT ENTRY.**

# SECTION I. FOOD LAWS

The Department of Health (DOH) is the statutory body responsible for the
management of food safety on Taiwan. Food products must comply with the
"Law Governing Food Sanitation", together with its enforcement rules,
and a series of food standards promulgated by DOH. The term "foods" as
used in this law refers to goods provided to people for eating,
drinking, or chewing, and their raw materials. DOH commissions the
Bureau of Standards, Metrology and Inspection (BSMI) of the Ministry of
Economic Affairs (MOEA) to conduct food quality inspection on imports at
the port of entry.

The Council of Agriculture (COA) is the statutory body responsible for
animal and plant quarantine. COA's Bureau of Animal & Plant Health
Inspection & Quarantine (BAPHIQ), that fulfils functions similar to
USDA's Animal & Plant Health Inspection Service (APHIS) and the Food
Safety Inspection Service (FSIS), conducts quarantine inspection on
fresh produce, meats, and pet food.

Fresh produce is randomly inspected for pesticide residues (see SECTION
V) by BSMI and the accompanying *Federal Phytosanitary Certificate*
(FPC) is checked lot-by-lot by BAPHIQ for completeness and accuracy.
Border inspection of meat products consists of a visual inspection of
the product by BAPHIQ, a random test for animal drugs and pesticide
residues by BSMI, and a thorough check of the accompanying *Meat and
Poultry Export Certificate of Wholesomeness* for accuracy and
completeness by BAPHIQ. The only exception to this general process is
U.S. beef, which, after regaining market access in January 2006, is
required to have the Export Certificate inspected by both BAPHIQ and
BSMI. (See SECTION VI) Discrepancies or insufficiencies on these
certificates will lead to delays in customs clearance and usually
require reissuing the certificate. In the worst case, it may lead to
rejection of the entire shipment.

The food safety inspection of processed foods focuses on labeling, food
hygiene and food additives. The frequency of inspection on food imports,
is usually determined by the BSMI, based on violation records in past
years. However, DOH may instruct the BSMI to amend the list of
pathogens, chemicals, compounds or contaminants to be tested against
should any heightened risk or public food safety concern arises.

Food additives, special dietary foods, and foods in capsule and tablet
form, may not be imported unless they undergo an extensive examination
by DOH and are subsequently registered with, and licensed by, the DOH
prior to the exportation of commercial shipments of the product in
question. Bioengineered corn and soybeans, and certain processed foods
made from them, are subject to specific regulations.

The new "Regulations of Inspection of Food Imports" took effect on July
1, 2007. The new rules, largely modeled on Japanese and Korean
regulations, were amended with the intension of bringing transparency
and a risk-based inspection mechanism to Taiwan's food import system. In
practice, it makes import inspection more ambiguous and stringent, at
least for the initial stage of the implementation. The penalty of a
couple of noncompliant shipments may quickly be elevated to become an
import suspension of the commodity, not only on the offended import
brand, and to punish the imports from a source country, instead of a
specific company. The regulations are available on the Internet at:

http://www.doh.gov.tw/ufile/doc/Regulations%20of%20Inspection%20of%20Food%20Imports3979.doc

# 

Most information regarding Taiwan's food import regulations is available
on the Internet at: [http://www.doh.gov.tw](http://www.doh.gov.tw/),
although not all information is in English.

Taiwan's sanitary and phytosanitary (SPS) standards are, for the most
part, different from U.S. standards or those established by
international rule setting bodies such as the World Animal Health
Organization (OIE), the International Plant Protection Convention (IPPC)
or the Codex Alimentarius. Taiwan, which acceded to the WTO on January
1, 2002, has begun to implement the terms of the WTO SPS Agreement.
However, many laws, regulations and practices are still not yet WTO SPS
compliant.

# SECTION II. LABELING REQUIREMENTS

## General Requirements

Since Taiwan's "Act Governing Food Sanitation" went into effect on March
7, 1995, Taiwan authorities have strictly enforced food and beverage
labeling requirements. Improper or altered labels risk rejection by
local inspectors at the port of entry. The \"Act Governing Food
Sanitation\" was amended and implemented on January 30, 2002. The
enforcement rules were amended and came into force starting June 12,
2002.

All processed food products or food additives imported into Taiwan for
retail sale must have a Chinese language label (NOTE: Taiwan uses
traditional Chinese characters, not the simplified characters used in
Mainland China). In 2002, Taiwan Customs allowed Chinese labels to be
affixed in government-approved logistics centers or government-approved
self-managed bonded warehouses prior to Customs clearance. Currently,
nine facilities are qualified to provide this service. The Agricultural
Trade Office in Taipei maintains a list of these facilities for U.S.
exporters. The Chinese label must indicate the following information:

‑‑ Product name

‑‑ Name, weight, volume or quantity of the contents (if a mixture of two
or more components, they must be listed separately)

‑‑ Name of food additives

‑‑ Name, telephone number, and detailed address of manufacturer

\-- Name, telephone number, and detailed address of importer, for
imported foods

\-- Country of origin (effective January 1, 2008, based on manufacturing
date)

\-- Expiration date (year, month, date) must be printed in that order.
To distinguish the month from the date, the Chinese characters for
"month" and \"date" may be included on the label. If the normal shelf
life exceeds three months, the expiration date may be indicated by year
and month only. Date of manufacture, shelf life, and conditions of
storage may also be used, if required by the health authorities

**\--** Dairy products in liquid form must also indicate shelf life and
conditions of storage

[Frozen Foods]{.underline} ‑ for imported frozen foods, the following
information is also required in Chinese on the label:

\* Type of Frozen Foods

Frozen fresh fish/shellfish

Frozen fresh ready-to-eat oysters

Frozen fresh fish/shellfish ready‑to‑eat (i.e. sashimi)

Frozen fresh meat

Frozen fruits/vegetable,

> \--fresh ready to-eat
>
> \--which must be heated up

\* Method and conditions of storage

\* Cooking instructions if the products require cooking or are not
ready‑to‑eat.

[Packaged fruit and vegetable juices]{.underline} -- Effective June 1,
2007, all packaged fruit and vegetable juices that contain less than
100% of original juices should indicate percentage of original juices
contained on the outside package.

[Exemptions]{.underline} ‑ the following types of businesses may apply
for an exemption from the Chinese labeling requirements:

\(1\) Food processing plants that import food for processing.

\(2\) Restaurants, fast food stores, and bakeries, which import food for
their own kitchens.

\(3\) Importers who import food for processing, for repack or
change‑pack, i.e. products not for direct sale to consumers.

For further information on the general labeling requirements, contact
the DOH office listed below:

Bureau of Food Safety

Department of Health

12th Floor, 100 Ai Guo East Road

Taipei, Taiwan

Tel: (886‑2) 2321-0151 x 352

Fax: (886‑2) 2392‑9723

Ms. Jennifer Li, Specialist (fsjennifer@doh.gov.tw)

## Requirements Specific to Health Foods

The \"Health Food Control Act\" was promulgated on February 3, 1999 and
amended and promulgated on May 17, 2006. According to the DOH, products
with health food claims must prove that they possess the ability to
contribute to the health of those consuming them. Health foods cannot
claim to prevent illnesses. Any product claiming to be a health food
must receive DOH's approval before being marketed.

The following information, in Chinese and commonly used symbols, shall
be conspicuously displayed on the containers, packaging, or written
instructions of health foods:

\(1\) Product name;

\(2\) Name, and weight or volume of the contents (if a mixture of two or
more components, they must be listed separately);

\(3\) Name of food additives;

\(4\) Expiration date, method and conditions of preservation;

\(5\) Name and address of the responsible business operator; the name
and address of the importer shall be specified if the health food is
imported;

\(6\) The approved health care effects;

\(7\) Reference number of the permit, the legend of \"health food\" and
standard logo;

\(8\) Intake amount and other important messages for the consumption of
the health food along with other necessary warnings;

\(9\) Nutrient and its content; and,

\(10\) Other material facts designated by the DOH

\(11\) Country of origin (effective January 1, 2008, based on
manufacturing date)

For further information, contact the DOH listed below:

Bureau of Food Safety

Department of Health

12th Floor, 100 Ai Guo East Road

Taipei, Taiwan

Tel: (886‑2) 2321-0151 x 366

Fax: (886‑2) 2392‑9723

Ms. Sherry Chien, Section Chief (fssherry@doh.gov.tw)

## Requirements Specific to Nutritional Labeling

The \"Regulation on Nutritional Labeling for Packaged Food\" and the
\"Regulation on Nutrition Claims for Package Food\" went into effect on
September 1, 2002. The "Regulation on Nutritional Labeling for Packaged
Food" was amended in July 2007 and will be implemented on January 1,
2008. Any consumer-packaged food marketed in Taiwan that makes
nutritional claims must carry specific nutrition labeling. Following
food products, whether they bear nutritional claims or not, must carry
nutrition labeling:

[In Effect]{.underline}

\-- Dairy products January 1, 2003

\-- Non-alcoholic beverages January 1, 2003

\-- Edible oil January 1, 2004

\-- Ice products (ice cream, Popsicles, etc) January 1, 2004

\-- Baked and cereal-based foods January 1, 2005

\-- Canned foods January 1, 2006

\-- Candies January 1, 2006

\-- Dried foods January 1, 2007

\-- Preserved foods January 1, 2007

Effective from January 1, 2008, ALL packaged food products, manufactured
after January 1, 2008, marketed in Taiwan should carry specific
nutrition labeling including saturated fatty acid and trans fatty acid
information (highlighted in red in the tables below)

Following the lead of many developed countries, nutrition labeling
regulation of Taiwan is established in order to meet consumers' demand
and to foster a better knowledge of nutrition information on packaged
foods.

Any packaged food offered to consumers bearing a nutrition claim should
provide nutrition labeling. A nutrition claim is defined as any
representation, which states, suggests, or implies that a food product
has particular nutritional properties (such as containing vitamin A,
high calcium, low sodium, cholesterol‑free, high fiber etc.) However, a
description of the ingredients contained in a food product (e.g., the
food product contains such ingredients as maltodextrin, corn oil,
lecithin, calcium carbonate, vitamin A palmitate, vitamin B2 and vitamin
D3) is not a nutrition claim. If a packaged food does not bear any
nutrition claim, the nutrition labeling regulations provided herein
still apply if the nutrition label is to be provided.

**The nutrition labeling for a packaged food shall provide the following
information shown at a conspicuous place on the outer package or
container of the product.**

\(1\) Items of labeling

a\) The heading \"Nutrition labeling\"

b\) Content of energy

> c\) Content of protein, fat, carbohydrate and sodium contained (note
> that the carbohydrate includes dietary fiber)

d\) Content of other nutrients declared in the nutrition claim

e\) Content of other nutrients labeled by the producer voluntarily

\(2\) With respect to the content of energy and nutrients contained, the
labeling value for solid (semi‑solid) food shall be expressed in units
of 100 grams or grams per serving, and for liquid food (drinks) in units
of 100 milliliters or milliliters per serving. If the value is expressed
on a per serving basis, the number of servings contained in each package
of the product shall also be specified.

\(3\) Labeling unit of the content of energy and other nutrients: The
content of energy contained in a food product shall be expressed in
kcal, that of protein, fat and carbohydrate in grams, that of sodium in
milligrams, and that of other nutrients in grams, milligrams or
micrograms, as appropriate.

\(4\) Daily Value of Nutrient Intake: Each nutrient may further be
expressed in percentage of Daily Value of Nutrient Intake. The following
numerical values shall serve as the basis of the Daily Value of Nutrient
Intake:

  ------------------------------------------ ----------------------------
  Energy                                     2000 Kcal

  Protein                                    60 gram

  Fat                                        55 gram

  Carbohydrate                               320 gram

  Sodium                                     2400 mg

  Saturated fatty acids                      18 gram

  Cholesterol                                300 mg

  Dietary fiber                              20 gram

  Vitamin A                                  600 mcg

  Vitamin B1                                 1.4 mg

  Vitamin B2                                 1.6 mg

  Vitamin C                                  60 mg

  Vitamin E                                  12 mg

  Calcium                                    800 mg

  Iron                                       15 mg
  ------------------------------------------ ----------------------------

5)  Rules for rounding-off: Nutrients shall be expressed in not more
    than three significant figures and each serving, content of energy,
    protein, fat, carbohydrate and sodium shall be expressed in an
    integer or to the first place of decimal.

6)  The nutrient content of energy, protein, fat, carbohydrate, sodium,
    fatty acids, and sugar may be labeled as \"0\" if it meets the
    criteria in the following chart; Trans fat means the non-conjugated
    trans fatty acids formed in the process of partial hydrogenation of
    edible oils.

  --------------- -------------------------------------------------------
  Nutrient        Criteria for being labeled as \"0\"

  Energy          Nutrient content is less than 4 Kcal for 100 gram of
                  solid (semi‑solid) food or 100 ml of liquid food

  Protein         Nutrient content is less than 0.5 gram for 100 gram of
                  solid (semi‑solid) food or 100 ml of liquid food

  Fat             Nutrient content is less than 0.5 gram for 100 gram of
                  solid (semi‑solid) food or 100 ml of liquid food

  Carbohydrate    Nutrient content is less than 0.5 gram for 100 gram of
                  solid (semi‑solid) food or 100 ml of liquid food.

  Sodium          Nutrient content is less than 5 mg for 100 gram of
                  solid (semi‑solid) food or 100 ml of liquid food.

  Saturated fatty Nutrient content is less than 0.1 gram for 100 gram of
                  solid (semi‑solid) food or 100 ml of liquid food.

  Trans fatty     Nutrient content is less than 0.3 gram for 100 gram of
                  solid (semi‑solid) food or 100 ml of liquid food.

  Sugar           Nutrient content is less than 0.5 gram for 100 gram of
                  solid (semi‑solid) food or 100 ml of liquid food
  --------------- -------------------------------------------------------

Attached are examples of the approved labeling format.

\(I\)

+-----------------------------------------------------------------------+
| Nutrition Labeling                                                    |
+-----------------------------------------------------------------------+
| Serving size gm (ml)                                                  |
|                                                                       |
| This package contains servings                                        |
+-----------------------------------------------------------------------+
| Per serving                                                           |
+-----------------------------------------------------------------------+
| Energy Kcal                                                           |
|                                                                       |
| Protein gm                                                            |
|                                                                       |
| Fat gm                                                                |
|                                                                       |
| Saturated fat gm                                                      |
|                                                                       |
| Trans fat gm                                                          |
|                                                                       |
| Carbohydrate gm                                                       |
|                                                                       |
| Sodium mg                                                             |
|                                                                       |
| Content of other nutrient claimed                                     |
|                                                                       |
| Content of other nutrients                                            |
+-----------------------------------------------------------------------+

\(II\)

+-----------------------------------------------------------------------+
| Nutrition Labeling                                                    |
+-----------------------------------------------------------------------+
| Per 100 gm (100 ml)                                                   |
+-----------------------------------------------------------------------+
| Energy Kcal                                                           |
|                                                                       |
| Protein gm                                                            |
|                                                                       |
| Fat gm                                                                |
|                                                                       |
| Saturated fat gm                                                      |
|                                                                       |
| Trans fat gm                                                          |
|                                                                       |
| Carbohydrate gm                                                       |
|                                                                       |
| Sodium mg                                                             |
|                                                                       |
| Content of other nutrient claimed                                     |
|                                                                       |
| Content of other nutrients                                            |
+-----------------------------------------------------------------------+

\(III\)

+-----------------------------------------------------------------------+
| Nutrition Labeling                                                    |
+-----------------------------------------------------------------------+
| Serving size gm (ml)                                                  |
|                                                                       |
| This package contains servings                                        |
+-----------------------------------------------------------------------+
| Per serving Per 100 gm (100ml)                                        |
+-----------------------------------------------------------------------+
| Energy Kcal Kcal                                                      |
|                                                                       |
| Protein gm gm                                                         |
|                                                                       |
| Fat                                                                   |
|                                                                       |
| Saturated fat gm gm                                                   |
|                                                                       |
| Trans fat gm gm                                                       |
|                                                                       |
| Carbohydrate gm gm                                                    |
|                                                                       |
| Sodium mg mg                                                          |
|                                                                       |
| Content of other nutrient claimed                                     |
|                                                                       |
| Content of other nutrients                                            |
+-----------------------------------------------------------------------+

\(IV\)

+-----------------------------------------------------------------------+
| Nutrition Labeling                                                    |
+-----------------------------------------------------------------------+
| Serving size gm (ml)                                                  |
|                                                                       |
| This package contains servings                                        |
+-----------------------------------------------------------------------+
| Percentage of Daily Value of Nutrient Per serving Intake provided by  |
| per serving                                                           |
+-----------------------------------------------------------------------+
| Energy Kcal \*%                                                       |
|                                                                       |
| Protein gm \*%                                                        |
|                                                                       |
| Fat gm \*%                                                            |
|                                                                       |
| Saturated fat gm \*%                                                  |
|                                                                       |
| Trans fat gm                                                          |
|                                                                       |
| Carbohydrate gm \*%                                                   |
|                                                                       |
| Sodium mg \*%                                                         |
|                                                                       |
| Content of other nutrient claimed                                     |
|                                                                       |
| Content of other nutrients                                            |
+-----------------------------------------------------------------------+

\*Daily Value of Nutrient Intake: 2000 Kcal of energy, 60 gram of
protein, 55 gram of fat, 18 gram of saturated fat, 320 gram of
carbohydrate, and 2400 mg of sodium.

\(V\)

+-----------------------------------------------------------------------+
| Nutrition Labeling                                                    |
+-----------------------------------------------------------------------+
| Serving size gm (ml)                                                  |
|                                                                       |
| This package contains servings                                        |
+-----------------------------------------------------------------------+
| Percentage of Daily Value of Nutrient Per 100 gm (ml) Intake provided |
| by per 100 gm (ml)                                                    |
+-----------------------------------------------------------------------+
| Energy Kcal \*%                                                       |
|                                                                       |
| Protein gm \*%                                                        |
|                                                                       |
| Fat gm \*%                                                            |
|                                                                       |
| Saturated fat gm \*%                                                  |
|                                                                       |
| Trans fat gm                                                          |
|                                                                       |
| Carbohydrate gm \*%                                                   |
|                                                                       |
| Sodium mg \*%                                                         |
|                                                                       |
| Content of other nutrient claimed                                     |
|                                                                       |
| Content of other nutrients                                            |
+-----------------------------------------------------------------------+

\*Daily Value of Nutrient Intake: 2000 Kcal of energy, 60 gram of
protein, 55 gram of fat, 18 gram of saturated fat, 320 gram of
carbohydrate, and 2400 mg of sodium.

These are only examples of approved formats. Exporters are strongly
advised to contact DOH at the address listed below for further
information on applying for import approval:

Bureau of Food Safety

Department of Health

12th Floor, 100 Ai Guo East Road

Taipei, Taiwan

Tel: (886‑2) 2321-0151 x 362

Fax: (886‑2) 2392‑9723

Ms. Chang Yu-Ling (sslin@doh.gov.tw)

# SECTION III. PACKAGING & CONTAINER REQUIREMENTS

The Environmental Protection Administration (EPA) is the statutory body
responsible for the removal, disposal and recycling of waste, including
packaging or containers for food products.

The "Regulation on Excessive Packaging Restriction" took effect on July
1, 2007. The regulation is to reduce the use of designated containers of
certain products, e.g. pastries, cookies, in super- and hyper-markets by
15% in 2007 and 25% in 2008. The regulation, in English, can be
retrieved at the EPA website at:

http://law.epa.gov.tw/en/laws/785151172.html

According to Article 15 of the Waste Disposal Act, manufacturers or
importers shall be responsible for the recycling, disposal and removal
of an article, or its package or container, which is likely to cause
serious pollution to the environment after consumption or use.

A. Standard Recycling Symbol

![](media/image2.png){width="0.7083333333333334in"
height="0.6979166666666666in"}

B. SPI (Society of Plastics Industry) Resin Identification Code
(numbering from 1 to 7)

![](media/image3.png){width="0.7083333333333334in"
height="0.6979166666666666in"}![](media/image4.png){width="0.6979166666666666in"
height="0.7083333333333334in"}
![](media/image5.png){width="0.7083333333333334in"
height="0.6875in"}![](media/image6.png){width="0.6979166666666666in"
height="0.6979166666666666in"}![](media/image7.png){width="0.7083333333333334in"
height="0.7083333333333334in"}![](media/image8.png){width="0.7083333333333334in"
height="0.7083333333333334in"}![](media/image9.png){width="0.6979166666666666in"
height="0.7291666666666666in"}

The number "1" is for PET, "2" for HDPE, "3" for PVC, "4" for LDPE, "5"
for PP, "6" for PS and "7" for other materials.

All recyclable materials are required to bear the A symbol. Symbol B is
also required for all plastic materials, but the name of the resin
corresponding to the number inside the logo (PVC, etc.) is not required.
The recycle symbols can be imprinted or labeled on containers or
packages. For information regarding Taiwan's disposal and recycling
requirements, contact the following:

Environmental Protection Administration

41 Chung-Hwa Road, Sec. 1

Taipei, Taiwan

Tel: 886-2-23117722

Fax: 886-2-23116071

Home page: [http://www.epa.gov.tw](http://www.epa.gov.tw/)

## SECTION IV: FOOD ADDITIVE REGULATIONS

Imported processed food products that contain artificial food additives
are subject to strict tolerance levels and acceptable use requirements
as prescribed by Taiwan's Department of Health (DOH). The DOH's \"Scope
and Application Standards of Food Additives\" covers several hundred
food additive standards and regulations. DOH has a useful website
(<http://food.doh.gov.tw/chinese/ruler/ingrdient_standard_e.htm>) with
additives listed in 17 categories:

\(1\) Preservatives

\(2\) Sanitizing Agents

\(3\) Antioxidants

\(4\) Bleaching Agents

\(5\) Color Fasting Agents

\(6\) Leavening Agents

\(7\) Food Quality Improvement, Fermentation, and Food Processing Agents

\(8\) Nutritional Additives

\(9\) Colors

\(10\) Flavoring Agents

\(11\) Seasoning Agents

\(12\) Pasting Agents

\(13\) Coagulating Agents

\(14\) Chemicals for Food Industry

\(15\) Solvents

\(16\) Emulsifiers

\(17\) Others

Effective from January 1, 2008, all alcoholic beverages containing over
0.5% of alcohol will no longer follow DOH's \"Scope and Application
Standards of Food Additives\" regulations. Taiwan's Ministry of Finance
will regulate a new food additive requirement for alcoholic beverages
that contain over 0.5% of alcohol. The new regulations will be
promulgated by end of 2007 and will take into effect on January 1, 2008.

The Bureau of Standards, Metrology, and Inspection (BSMI) of the
Ministry of Economic Affairs (MOEA) inspect imported foods at the port
of entry. The food safety inspection focuses on labeling, food hygiene,
and food additives.

Foreign suppliers or their Taiwan importers may apply to DOH for
approval of new‑to‑Taiwan food additives. The DOH requires: (1) animal
safety test data; (2) international acceptability of the proposed food
ingredients; (3) an evaluation report stating that the ingredients are
necessary to manufacture the product; (4) a description of the analysis
method and (5) product specifications. The DOH will then evaluate the
acceptability of these ingredients and make a formal determination
within four to six months. The DOH will only consider accepting and/or
adding new‑to‑Taiwan food ingredients to its roster, \"Scope and
Application Standards of Food Additives\" upon receipt of a formal
application from the manufacturer or a designated representative.

For further information regarding Taiwan's food additive regulations
contact:

Bureau of Food Safety

Department of Health

12th Floor, 100 Ai Guo East Road

Taipei, Taiwan

Tel: (886‑2) 2321-0151 x 104

Fax: (886‑2) 2392‑9723

Ms. Chia-Ying Wang, Specialist (fsawona@doh.gov.tw)

# SECTION V. PESTICIDE AND OTHER CONTAMINANTS

Imports of fruit, vegetables, and meat products are subject to
inspection for pesticides and animal drugs at port of entry by BSMI. DOH
is responsible for establishing and promulgating Taiwan's permanent
MRLs. The list of permanent pesticide tolerance levels is published in
the DOH Compilation of Food Sanitation Regulations. The list can also be
found on the DOH website at:
[http://www.doh.gov.tw/ufile/doc/Pesticide%20Residue%20Limits%20in%20Foods9604.doc](http://www.doh.gov.tw/ufile/doc/Pesticide Residue Limits in Foods9604.doc).

The list of veterinary drug residue levels in foods can be retrieved
from:

http://www.doh.gov.tw/ufile/doc/Veterinary%20Drug%20Residue%20Limits%20in%20Foods9601.doc

In 1999, Taiwan changed its pesticide residue inspection policy for
imported fresh fruit and vegetables from a monitor only policy to one of
mandatory inspection. One out of 40 arriving fruit and vegetable
shipments are sampled and tested by BSMI for pesticide residues.
Shipments will be released after the retrieval of samples and a document
review. Noncompliance with Taiwan's pesticide standards will result in
the recall of the unconsumed sampled shipment product. The next five
shipments from the same origin, i.e. the same brand name/importer, will
be subject to testing. Release of these shipments will not be permitted
until testing is completed.

Taiwan establishes its own maximum residue limits (MRLs) and many
pesticides used in the United States have not been assigned Taiwan MRLs.
Chemical companies were encouraged to apply to the DOH for the
establishment of Taiwan MRLs. On July 16, 2000, Taiwan began to adopt
permanent MRLs. Some Codex MRLs were accepted after July 16, 2000 if
there are no Taiwan MRLs until Taiwan establishes its permanent MRLs.

U.S. chemical companies submitted applications for 455 crop/pesticide
combinations by the deadline. With the exception of two cases filed by
New Zealand, all remaining applications are from U.S. registrants. As of
January 1, 2007, the number of applications made to the DOH after the
deadline totaled 1,097. The reviewing process of the applications is
very lengthy. As of January 1, 2007, only 59 MRLs, out of the total
1,552 crop/pesticide combinations, have been established in response to
the application.

Pesticide residues on imports of plant products other than fruit and
vegetables such as food grains or soybeans are no longer being
"monitored-only". A noncompliant outcome of the pesticide test on
imported bulk commodities has become a factor to reject the shipment.
Once a noncompliance is found, the inspection/test rate of the same
commodity imported by the same importer will be elevated, e.g. from 5%
to 20%, then to 100%, according to the new "Regulations of Inspection of
Food Imports". Unlike most products which are normally sampled at rate
less than 5%, bulk grains are normally sampled at a 20% rate.

Rice gained market access into Taiwan upon its WTO accession on January
1, 2002. Imported rice is tested for pesticide residues, heavy metals
and sometimes aflatoxin and checked for quality and labeling. Taiwan
does not require rice to be held at the border for testing. Imported
rice may be released into approved warehouses with an importer affidavit
while it is tested, a process that normally takes five to six business
days. During this time it may not be sold. Lot-by-lot inspection for
rice imports continues in 2006. On March 5, 2004, DOH added lead to its
heavy metal limits on rice. Taiwan's heavy metal standards on rice are:
0.05 part per million (ppm) for mercury, 0.5 ppm for cadmium and 0.2 ppm
for lead. Most non-compliant cases have been minor errors on the Chinese
language labeling for consumer-pack rice.

**SECTION VI.  OTHER REGULATIONS AND REQUIREMENTS**

**Tariffs**

Taiwan removed import bans on over forty-two agricultural products upon
its WTO accession on January 1, 2002.  These products, including certain
meats and variety meats, vegetables and many types of fresh fruit, are
either completely liberalized or importable under Tariff Rate Quota
(TRQ).  In addition, rice imports are now subject to a Tariff Rate
Quota. 

Taiwan removed virtually all import permit requirements for agricultural
commodities upon WTO accession.  Issued by the Bureau of Foreign Trade
(BOFT) to control imports, permits only exist for a few sensitive
items.  Examples include puffer fish, which is controlled for consumer
health concerns or dog meat, which is controlled for the "sake of
national image".  Certain types of products are limited to members of
specific industry groups.  For example, imports of certain kinds
breeding stock require the prior registration of the Council of
Agriculture.  Agricultural imports from PRC are banned entry except
those on the approved list.  Total approved products from the PRC
account for 63 percent of the total agricultural commodities on Taiwan's
tariff schedule as of August 26, 2007.   Taiwan's tariff schedule,
including import duties, as well as queries on duties, can be found at
the Directorate General of Customs data base at:
http://www.customs.gov.tw/, while import/export requirements and
restrictions, can be found at the Bureau of Foreign Trade (BOFT) data
base through http://www.trade.gov.tw.  For information regarding import
requirements and licensing, contact the following:

Bureau of Foreign Trade             

1 Hu-Kou Street

Taipei, Taiwan

Tel: (886-2) 2351-0271

Fax: (886-2) 2351-3603                              

Website: http://www.trade.gov.tw

Email: boft@trade.gov.tw

**Phytosanitary Certificates**

Taiwan basically only accepts government certifications.  For some
limited cases, certifications issued by organizations or agencies
accredited or authorized by the government are accepted.  Private
industry certificates are not accepted.  Imports of U.S. fruits or
vegetables require phytosanitary certificates issued by USDA/APHIS. 
Since May 1st, 2001, Taiwan has only accepted the Federal Phytosanitary
Certificate issued by the U.S. federal government.  Certificates issued
by state quarantine offices are no longer accepted.    

**Meat and Poultry**

Imports of meat and poultry products require the Meat and Poultry Export
Certificate of Wholesomeness (FSIS Form 9060-5) and the Certificate for
Export (FSIS Form 9285-1) issued by USDA/FSIS specifically for Taiwan.  
At the request of the Taiwan authorities, information regarding the
shipping port, vessel name, shipping date, container number and
container seal number must be included by the exporter/shipper on the
new certificate.   U.S. beef, which regained market access in January
2006, requires FSIS Form 2630-9 in addition to Form 9285-1 and 9060-5. 

**Pet Food**

Effective June 1st, 2001, imports of retail-packed pet food containing
meat/poultry ingredients must be imported with a Health Certificate:
Export Certificate for Animal Products (VS Form 16-4).   Shipments that
fail to meet these requirements will risk detention or rejection.  Port
inspection is very detail oriented.  The information required on the
Export Certificate for retail-pack pet food containing meat/poultry
ingredients is as follows:

The name and address of the importer, exporter and the manufacture.

The name, quantity, weight and manufacture date of the products.

 

Species of animal(s) used for animal-based ingredients in the products.

 

That the animal protein ingredients were not derived from cattle, sheep,
goats or other animals susceptible to bovine Spongiform Encephalopathy
(BSE) from areas designated by the Council of Agriculture as BSE
infected areas.

The date, place and name of issuing authority of the certificate, the
official stamp of the issuing authority, and the name and signature (or
chop) of certifying officer.

Plant-based pet foods, for example bird treats, that contain viable
seeds (those that can germinate) must have a Phytosanitary Certificate. 
Starting January 1, 2005, Taiwan requires import health certificates for
seven animal feed preparations that fall under commodity nomenclature HS
2309.90.90.  Most products under this category contain ingredients of
animal origin and the APHIS VS Form 16-4 will satisfy the requirement. 
However, products with no animal ingredients also require an APHIS
letterhead Export Certificate for Products of Non-Animal Origin in order
to comply with the new requirement.

After BSE was reported in the United States, Taiwan banned imports of
all U.S. pet food but started to gradually resume imports beginning
April 2004.  U.S. pet food facilities seeking access to Taiwan are
required to pass inspection by Taiwan inspectors before gaining approval
to ship pet food.  As of August 26, 2007, eighteen (18) U.S. facilities
have been approved.  U.S. exporters interested in getting Taiwan
approval are advised to check with the Pet Food Institute, the American
Feed Industry Association or Post for details.

 

**Seafood**

A NOAA Export Health Certificate issued by the U.S.  Department of
Commerce or a health certificate issued by the animal quarantine
authorities of the exporting country, is required for the importation of
fresh/frozen uneviscerated salmonids, perch, catfish and ciprinids, but
not for other seafood imports.

Imports of oysters, live, fresh, chilled or frozen, require a
Certificate of Origin issued by either the government of the exporting
country or the government-authorized agency.  For oysters from the State
of Washington, the Statement of Licensure and Certification issued by
the Washington Department of Health (WDOH) is more easily accessible and
cheaper for exporters than a Certificate of Origin.  In June 2003, Post
successfully had Taiwan Customs accept the WDOH Certificate as a
supplement to a Certificate of Origin.  In November 2004, Post also
helped the Oregon State Certification become accepted by Taiwan.  U.S.
exporters encountering similar problems can contact Post for assistance
and advice.

# SECTION VII. OTHER SPECIFIC STANDARDS

## Registration of Imported Food in Tablet or Capsule Forms

The importation of foods in capsule and tablet forms requires prior
approval by Taiwan's Department of Health (DOH) for certification.
Effective May 1, 2007, the following documentation is needed by the DOH
to review the application and grant approval:

\(1\) An application form

\(2\) One original and one duplicate copy of ingredient list:

a)  The ingredient list should be issued by the original manufacturer of
    the product within one year.

b)  The ingredient list shall include the detailed names and contents of
    all raw materials and food additives, and further indicate the
    detailed names and contents of raw materials and food additives of
    the empty capsule in the case of capsular food, and the names and
    contents of the raw materials of all excipients in the event of
    tablet food.

c)  The ingredient list shall specify the Recommended Daily Dosage of
    the product.

d)  The ingredient list shall specify the detailed chemical names of
    additives such as vitamins in the product, if any, for example
    Vitamin A, Vitamin B1, Vitamin B2, Vitamin B3, Vitamin B5, Vitamin
    B6, Vitamin B12, Vitamin D, and Vitamin E. The content shall specify
    the exact amount added in the form of weight in mg or mcg if
    indicated in I.U., or the number of I.U.s if indicated in mg or mcg.

e)  The ingredient list shall specify the animal name if any raw
    material of the product is made from any livestock tissue or organ
    (including gland). In the event of cattle and sheep, the original of
    the relevant official health certificate shall also be produced
    indicating that such raw materials as their tissues or organs being
    used are neither directly nor indirectly sourced from a disease
    affected area. The ingredient list shall further specify the name of
    the solvent used in processing, for verification purposes, if the
    raw materials being used are extracted and processed.

f)  The ingredient list shall be accompanied by relevant information
    such as the scientific names of the type, part being used as raw
    material, and method of processing (including name of solvent used
    in processing, if any) , for verification purposes, if the following
    are used as raw materials in the products: herbs, raw materials made
    from herbal sources, algae, mushrooms, microorganisms, or raw
    materials made from sources of microorganism

\(3\) An official certificate attesting to the legitimacy of the
original manufacturer

\(4\) A duplicate copy of business license of the applicant.

\(5\) A sample of intact product. If the product is packaged in over
1,000‑piece package or packaged in bulk, or if the product is to be
repacked after importation, a sample of about 20 tablets/capsules must
be submitted for registration.

\(6\) Food details in three copies: The English name of the product
shall be consistent with that on the ingredient list and undertaking. In
the event of OEM products, the column of "name and address of
manufacturer" shall specify the name and address of both the principal
and the manufacturer.

\(7\) An undertaking

\(8\) Two copies of registration data

A license/permit, valid for a five‑year period, will be issued for
applications meeting the requirements of Taiwan's Law Governing Food
Sanitation and its related regulations. Application to extend license
validity should be filed three months prior to the expiry date of the
license/permit. The license/permit will be automatically canceled after
the expiry date if no application for extension is made.

If laboratory testing is required for the application, the applicant
shall submit sufficient samples of the intact product together with
testing fees to National Laboratories of Foods and Drugs, Department of
Health or other authorized laboratories, subject to statement of the
notice within two months upon the receipt of the notice sent by the
Department of Health.

Bureau of Food Safety

Department of Health

12th Floor, 100 Ai Guo East Road

Taipei, Taiwan

Tel: (886‑2) 2321-0151 x 370

Fax: (886‑2) 2392‑9723

Ms. Jin-Hua Hung, Specialist (fshung@doh.gov.tw)

## Registration of Special Dietary Food

The following documents and materials are required for application on
registration of the special dietary food:

\(1\) An application form for the new product

\(2\) The original copy and its duplicate copy each of reports on
ingredient list, product specification, and nutrient analysis. The
original manufacturer shall issue these reports within one year. The
ingredient list report shall specify detailed composition with contents
of raw materials and food additives. The product specification report
shall refer to the sanitary and nutritional specifications of the
finished product. A nutrient analysis report issued by an institution
recognized by DOH is also acceptable. The nutrient analysis report shall
indicate all analytical data about various nutrients.

\(3\) An official certificate evidencing the product being sold or used
by other countries as well as a retail sample of such, or related
clinical trial reports of the product. The valid number of human
subjects in a clinical trial shall be at least 30.

\(4\) A copy of a summarized diagram on manufacturing process

\(5\) An official certificate attesting to the legitimacy of the
original manufacturer.

\(6\) Two copies each of the original label, outer package, inserted
instruction and Chinese label of the product. If a product is packaged
in varying sizes, each pack with such documents and materials is
required.

\(7\) A duplicate copy of the business license of the applicant.

\(8\) A sample of the whole and intact product. An application for a
product in various package formats requests that one sample of each
packaging format be included.

\(9\) A high protein product of a protein adjusted dietetic food for
patients shall be submitted with its test method of protein; A clinical
test report is required for weight control products; and other relevant
documents shall be submitted depending on the nature of the product. The
protein test method of high protein product shall use the PER, PDCAAS,
or other well‑recognized methods.

In case the product for registration is to be repacked locally into
small quantities, the following documents and materials should be
submitted:

> The original letter of authorization from the manufacturer for
> repackaging into a small quantity
>
> The original letter of agreement from the domestic repackaging company
> with duplicate copies each of its business license and factory
> license.
>
> In case laboratory testing is required subject to the nature of the
> products, a report of nutrient analysis on the repackaged sample shall
> be submitted.
>
> Two copies each of the sample designs of its package, Chinese label,
> and inserted instruction for the repackaged products.

Photos of the originally packed products in duplicate.

A sample of the repackaged product

A license/permit, valid for a five‑year period, will be issued for
applications meeting the requirements of Taiwan's Law Governing Food
Sanitation and its related regulations. Application to extend license
validity should be filed three months prior to the expiry date of the
license/permit. The license/permit will be automatically canceled after
the expiry date if no application for extension is made.

If laboratory testing is required for the application, the applicant
shall submit sufficient samples of the intact product together with
testing fees to National Laboratories of Foods and Drugs, Department of
Health or other authorized laboratories, subject to statement of the
notice within fifteen days upon the receipt of the notice sent by the
Department of Health.

For further information on the application for import approval, contact
the DOH office listed below:

Bureau of Food Safety

Department of Health

12th Floor, 100 Ai Guo East Road

Taipei, Taiwa n

Tel: (886‑2) 2321-0151 x 362

Fax: (886‑2) 2392‑9723

Ms. Chang Yu-Ling (sslin@doh.gov.tw)

# 

# SECTION VIII. COPYRIGHT AND/OR TRADEMARK LAWS

Trademarks and brand names are protected under domestic laws. The
Intellectual Property Office (IPO), Ministry of Economic Affairs (MOEA)
is the statutory body responsible for Taiwan's copyright and trademark
laws. The IPO, which was formerly the National Bureau of Standards,
MOEA, was established on January 26, 1999. Taiwan's copyright and
trademark laws can be purchased from the IPO. Information is available
on the Internet at: [www.tipo.gov.tw](http://www.tipo.gov.tw/).

While Post has established a mechanism with the IPO to check trademark
applications for food products with local traders and importers, U.S.
companies are strongly encouraged to register their brands in Taiwan to
protect their intellectual properties.

# SECTION IX. IMPORT PROCEDURE

## Brokers

Use of a professional Customs broker, while not required, may expedite
the clearance process.

## Shipping Documentation 

‑‑ Invoice

‑‑ Packing List

‑‑ Bill of Lading

‑‑ Certificate of Origin (Not mandatory, but helpful for seafood and
fresh fruit & vegetable imports)

\-- Sanitary/Phytosanitary Certificates Customs Clearance Costs

## Fees

In addition to import tariffs, there are several miscellaneous fees
pertaining to customs clearance procedures for the importation of fresh,
frozen and processed foods, as listed below:

  ----------------------------------- -----------------------------------
  Cost Item                           Basis for Fee

  Import Duty                         Varies, according to HS Code and
                                      product

  Tobacco & Alcohol Tax               Varies, depending on types of
                                      beverages that contain over 0.5% of
                                      alcohol

  Value‑Added and Non‑Value‑Added     5% of (CIF value + import duty +
  Business Tax                        commodity tax and/or alcohol tax
                                      (if applicable)

  Trade Promotion Fee                 0.0415% of CIF value

  Commodity Tax                       Applies to diluted natural fruit
                                      and vegetable juices (8%),
                                      non‑alcoholic beverages (15%),
                                      based on CIF value + import duty.

  Container yard handling fee         NT\$5,600/20\' container;
                                      NT\$7,000/40\' container

  Harbor Service fee                  For sea shipments only NT\$684/20\'
                                      container; NT\$1,368/40\'
                                      container; NT\$19/CBM (consolidated
                                      shipments)

  B/L handling fee                    NT\$650‑NT\$1,500/bill of lading

  Demurrage charge, if applicable     Free within 3 days for frozen
                                      foods, and 7 days for other
                                      products; Over due dates - NT\$800
                                      to 2,400/day/40\' container,
                                      NT\$400 to 1,600/day/20\' container

  Inspection (processed food) fee     Basic fee ‑‑NT\$2,000/item; for
                                      additional items - NT\$800/item

  Quarantine Fee                      NT\$2,000/air shipment item and
                                      NT\$2,400/sea shipment item

  Customs Brokers' fee, including all NT\$3,500 for both air and sea
  other miscellaneous fees            shipments
  ----------------------------------- -----------------------------------

The above cost information is for reference only. For detailed
information on exact fees, charges, and other costs relating to the
customs clearance process, we suggest that you work with your
importer(s) or your freight forwarders in the United States.

## Length of Customs Clearance Procedures

Shipments carried by airfreight: Approximately 2‑4 days

Shipments carried by ocean liners: Approximately 2‑5 days

Current exchange rate: Approximately US\$1=NT\$32.80

# APPENDIX I: REGULATORY AGENCY CONTACTS

## Food Safety

Mr. David Hui-Wen Cheng, Director

Bureau of Food Safety

Department of Health

12F, 100 Ai-Kuo East Road

Taipei, Taiwan

Tel: (886-2) 2396-5625

Fax: (886-2) 2392-9723

## Animal and Plant Quarantine

Dr. Watson Sung, Director General

Bureau of Animal & Plant Health Inspection & Quarantine

Council of Agriculture

9F, 51 Chung-Ching South Road, Section 2

Taipei, Taiwan

Tel: (886-2) 2343-1456

Fax: (886-2) 2343-1455

# APPENDIX II. OTHER IMPORT SPECIALIST CONTACTS

Mark Dries

Chief

Agricultural Affairs Section

American Institute in Taiwan

7, Lane 134, Hsin-Yi Road, Section 3

Taipei, Taiwan

Tel: (886-2) 2162-2000 x 2317

Fax: (886-2) 2162-2238

E-mail: [AgTaipei@usda.gov]{.underline}

Keith Schneller

Office Director

Agricultural Trade Office

Room 704, 7F, 136 Jen-Ai Road, Sec. 3

Taipei, Taiwan

Tel: (886-2) 2705-6536 x 247

Fax: (886-2) 2305-7073

E-mail: [ATOTaipei@usda.gov]{.underline}

Website: [www.ait.org.tw](http://www.ait.org.tw/)

Lou Vanechanos

Area Director

APHIS/Agriculture Section

American Institute in Taiwan

7, Lane 134, Hsin-Yi Road, Section 3

Taipei, Taiwan

Tel: (886-2) 2162-2221

Fax: (886-2) 2162-2215

E-mail: <elia.p.vanechanos@aphis.usda.gov>