1 
 The Organic Agriculture Act  (Draft ) 
Articles  
  
Comments  
Chapter 1 General Provisions   
Article 1 The Act has been developed for promot ing friendly environment, 
enhancing ecological balance, sustaining agricultur e development, improving 
organic agricultural product quality, and maintaining public health and 
consumers’ interests in order to be an organic ecosystem, to sustain farmers’ 
organic  production and support the organic living of consumers.  
Matters related to organic agriculture shall be governed by this Act. For 
matters not addressed in this Act, other relevant laws will be applied.   
Article 2 As used in this Act, the term "competent authority" is the Council of 
Agriculture of the Executive Yuan at the central level; the 
municipal/county/city governments at the local level.   
Article 3 As used in this Act, the terms shall be defined as the following:  
1. Agricultural product : any produ ct which is produced or processed as food 
by utilizing natural resources, agricultural materials and technology, 
including agricultural, forestry, fishery and animal goods.  
2. Agricultural product operator : any person who engages in the business of 
product ion, processing, packaging, importing, distribution or marketing 
of agricultural products.  
3. Organic Agriculture: Referring to the farming practices from agriculture, 
forest, aquaculture, and animal husbandry without using chemical 
fertilizer, chemical p esticide,  genetically modified organism and related 
products, based on the principle of ecological equilibrium and nutrient 
recycling.   
4. Organic agricultural product : Any agricultural product that is cultivated, 
processed, packaged and distributed in a ccordance with the organic 
standards prescribed by the Central Competent Authority and certified 
under this Act, or any imported agricultural product approved through 
import review.  
5. Agricultural products during the transitional period : Any agricultural 
product that is cultivated, processed, packaged and distributed in 
accordance with the organic standards prescribed by the Central 
Competent Authority and certified under this Act, or any imported 
agricultural product approved through import review during the 
transitional period toward organic farming.  
6. Organic Agricultural Product Label: the label indicating that the  2 
 agricultural product which the label is affixed to have been certified in 
accordance with this Act.  
7. Labeling: words, illustrations,  remarks or explanation affixed to 
agricultural products or to the containers or packaging thereof when they 
are displayed for sale.  
8. Accreditation body: the organization (institution) or legal entity who was  
reviewed  and permitted by the Central Competent Authority and with the 
qualification to execute accreditation business prescribed by this Act.  
9. Accreditation : the process which the accreditation body evaluates whether 
an organization (institution), school or leg al entity is qualified to conduct 
certification business prescribed by this Act under the contract with the 
accreditation body.  
10. Certification body: the organization (institution) , school or legal entity 
who was accredited by  the accreditation body to conduct certification 
business under the contract with the accreditation body.  
11. Certification : the process the certification body verifies whether the 
production, processing,  packaging or distribution of a specific a gricultural 
product is complied with  this act under the contract with the agricultural 
product operator.  
Chapter 2 Promotion of Organic Agriculture   
Article 4 In pursuit of the harmony  between agricultural production and 
ecosystem, the competent authority shall promote organic agriculture to reduce 
stress on the ecosystem thereby maintaining biodiversity.  
The competent authority shall promote organic agriculture based on the 
balance be tween production and marketing. The development and 
implementation of new technology shall be proceeded cautiously and wisely, 
thus improving production techniques of the operators and the quality of the 
product. Shall also make the organic agricultural pr oducts accessible to 
consumers meanwhile educating and earning the trust of the public. Hence, the 
farmers are willing to conduct organic agriculture practices.    
Article 5 To promote the sustainable development of agriculture, the Central 
Competent Auth ority shall set up organic agriculture fund of NTD 〇〇〇 , 
allocate annual  budget in 〇 consecutive years and conduct action plan after 
the implementation of the Act.  
Funds for organic agriculture  shall be derived from the following sources:  
1.The allocation o f budget preparation by year as aforementioned.  
2. Endowment income . 
3. Yield from fund holdings .   3 
 4. Other income.  
The organic agriculture fund shall be used for the following purposes:  
1.Investigation on the implementation of organic agriculture.  
2. Cou nseling for organic agricultural products production/marketing and 
certification.  
3. Counseling for the marketing channels of organic agricultural products.  
4. Incentives for farming transition into organic.  
5. Capacity building and research and development for organic agriculture 
production and products.  
6. Promotion for organic agricultural products and organic food and farming 
education for agencies at all levels, schools and consumers.  
7. Counseling the promotion of organic agriculture for relevant civil groups 
process.  
8. Other works that enhance  the development of organic agriculture.  
 
The Central Competent Authority shall consulting the relevant authorities and 
groups to propose organic agricultural promotion solutions in every 4 years 
and implement after approval by the Executive Yuan.  
 
The Local  Competent Authorit ies shall allocate ample funding in their budget 
to promote organic agriculture.  
Article 6 The Local  Competent Authorit ies may themselve s establish or 
encourage the private sector to establish professional organic farming zones 
depending on the conditions of their jurisdiction areas.  
 
The competent authority shall assist or provide subsidies for the deployment of 
public facilities in  professional organic farming zones .  
Article 7 The competent authority shall provide proper assistances for the 
certification fees, the technology upgrade, marketing channel expansion, 
production -marketing facilities (equipment), material loan and other organic 
agriculture related matters in addition to providing incentives for the breeding 
activities and seedling production of organic agriculture.    
Article 8 The competent authority shall establish internet database platform to 
integrate information related to certification data from certif ication bodies, 
organic farming, marketing and materials used for agriculture product, 
seedling, qualified imported organic agricultural products and so on for public 
query.   
Article 9 The competent authority shall assist legal entities or groups  to  4 
 estab lish farmers’ market to offer the channels for selling organic agricultural 
products.  
Article 10 The competent authority shall devote to organic agriculture 
technology research and development  with the provision of information and 
capacity building .  
The competent authority shall encourage all the staff members to participate in 
organic agriculture related training.  
The Central Competent Authority shall participate in international 
organizations and international cooperation affairs to carry out the exch ange of  
information, technology and personnel related to organic agriculture.   
Chapter 3 Management of Accreditation  body  and Certification body   
Article 11 An organization (institution) or legal entity  shall not manage the 
following accreditation businesses until after attaching the documents and data 
to apply for permission and obtains the accreditation body certificate from the 
Central Competent Authority:  
1. Accepting application case for accreditati on business in the countries or 
areas where designated by the Central Competent Authority as service 
areas.  
2. Assessing the application case according to the accreditation standards.  
3. Signing accreditation contracts with those who are duly assessed.        
4. Issuing conformance documents to the certification body in accordance 
with the category of certification business (hereinafter referred to as the 
accreditation certificate).  
5. Assessing the accredited certification bodies running the certificati on 
business.  
6. Other m anaging other businesses permitted by the Central Competent 
Authority.  
The validity of aforementioned certificate document may not exceed 5 years 
and the renewal for extension must be filed to the Central Competent 
Authority prior to expiration. Each extension may not exceed 5 years.  
 
The accreditation bodies shall comply with the following matters for operating 
the accreditation businesses:  
1. Submitting the accreditation standards mentioned in Subparagraph 2 of 
Paragraph 1to the  Central Competent Authority for reference within 7 
days after their formulation, revision, modification or abolishment, and 
publishing the standards on the website.  
2. The records regarding operations of accreditation business shall be  5 
 retained for at le ast 5 years with periodic report submitted to the Central 
Competent Authority for reference.  
3. Being supervised by the Central Competent Authority anytime and shall 
not evade, impede or refuse.  
4. Being accompany the Central Competent Authority to assess  the 
certification bodies accredited in accordance with notification by the 
Central Competent Authority.  
5. In the event of changes in the registered information of the accreditation 
body certificate, application shall be filed to the Central Competent 
Authority for amendment of aforementioned certificate withi n 30 days.  
6. The action shall be taken according to the disposal of (accreditation) 
contract within 10 days once  the accredited certification body certifies the 
agricultural products of the agricultural product operator failing to follow 
the certification standards prescribed by the Central Competent Authority 
by paragraph 2 of Article 13.  
7. Once accredited certifi cation bodies that could not continue the 
certification business due to withdrawal of accreditation, cancellation of 
contract, dismissal or other reasons, the accreditation bodies shall assist 
and coordinate the agricultural product operator previously cer tified 
signing contract with the other certification bodies.  
8. Other  administering other matters permitted by the Central Competent 
Authority.  
 
The Central Competent Authority shall formulate regulations governing the 
eligibility for permit application, procedure, documents to submit, data, permit 
criteria, issuance of permit certificate document by the accreditation bodies , 
indicated in paragraph 1; and the deadline for application of renewal extension 
indicated in paragraph 2, documents to submit, data,  items of previous record, 
application for review, supervising procedures, documents, eligibility 
requirement, matters recorded on the approved certificate documents by the 
accreditation bodies, deadline for application of modification, documents to 
submit , data, and other matters of compliance.  
Article 12 An organization (institution),  school or legal entity shall not engage 
in certification business until after has made agreement with accreditation 
bodies and acquire certificate conformance according t o its approval of 
business category.  
The scope of aforementioned certification business is described below:  
1. Certify agriculture products according to the certification standards  6 
 promulgated by the Central Competent Authority pursuant to Paragraph 2 
of Article 13 under the contract with agricultural product operator.  
2. Issuing certification conformance certificate and documents (hereinafter 
referred to as Certification Certificate) for organic agricultural products 
and organic a gricultur al products in the transitional period , issuing the 
organic agricultural product certificate label  and administering the use by 
certified agricultural product operator.  
3. Inspecting agricultural products according to the contract.  
4. Operating other bus iness announced by the Central Competent Authority.  
The certification bodies operating the aforementioned certification business 
shall maintain the relevant data and records according to the items, methods 
and period announced by the Central Competent Aut hority, in addition,  be 
inspected by the Central Competent Authority  and shall not evade, obstruct, 
or refuse.  
Article 13 The certification bodies may sign agreement with agricultural 
product operator to certify the specific agricultural products for t he production, 
processing, packaging, or distribution.  
 
The Central Competent Authority shall announce the category, items and 
certification standards of   the specific agricultural products as mentioned 
above.  
 
The Central Competent Authority may announ ce the  fee limit for certification 
business.  
 
In case the certification bodies fail to operate the certification business due to 
withdrawal of accreditation, cancellation of contract, dismissal, or other 
reasons, the contracted agricultural product operato r shall resign a new 
contract with other certification bodies during the period announced by the 
Central Competent Authority . The organic agricultural products or the organic 
agricultural products in the transitional period shall remain valid.   
Article 14 The Central Competent Authority may announce mandatory or 
prohibitory provisions of the contracts between the accreditation bodies and 
certification bodies, as well as between the certification bodies and agricultural 
product operators.  
Provisi ons of the contract that violate the aforementioned announcement shall 
be null or void . Where by removing the part that are held to be null or void and 
the contract formation is not affected, the remaining part of the contract shall  7 
 still be valid. But, if  it is obviously unconscionable to one of the party, then the 
entire contract shall be null and void.  
Chapter 4 Organic Agricultural Products Management   
Article 15 The Central Competent Authority may announce the substances to 
be used on organic agricu lture.  
Except for the aforementioned substances, no genetically modified organism 
derived products, chemical pesticide, chemical fertilizer, animal drugs, and 
other chemical substances (hereinafter referred to as biochemical substance) 
shall be used in th e production, processing, packaging, and distribution of 
organic agricultural products and agricultural products in the transitional 
period .  
Agricultural product operator shall take necessary preventive measures to 
assure the production, processing, packa ging, and distribution of  organic 
agricultural products and organic agricultural products in the transitional 
period from containing biochemical substance .   
Article 16 No agricultural products shall be marked, represent ed or advertised 
as organic unless  the producing, processing, packaging and distribution of 
such products are duly certificated.  
No agricultural products in the transitional period shall be labelled, displayed 
or advertised as transition to organic  unless the production, processing, 
packa ging and distribution of such agricultural products are duly certificated.  
Non-natural person agricultural product operator may not use the word of 
organic, in whole or in part of its name, in one year from the second day of 
implementing the Act. Nonetheless agricultural products for sale with 
conformance certificate are excluded .   
Article 17 No imported agricultural products shall be labeled or advertised in 
the name of organic product unless such products meet one of the following 
conditions:  
1. Inshore or offshore Certification bodies that is accredited shall implement 
the a pproval conformance of organic agricultural products in designated 
country.  
2. Certification bodies accredited by national or member s of World Trade 
Organization for organic equivalence shall acquire conformance of 
certification at within the territory of  countries or member s.  The 
importers shall apply for review conformance from the Central 
Competent Authority and acquire the document of conformance for 
agricultural product review (hereinafter referred to as the organic labeling 
approval document ).   8 
 Coun tries or member s of WTO with organic equivalence defined in paragraph 
2 shall sign the bilateral organic equivalence mutual recognition agreement or 
treaty with Taiwan, which shall be announced by the Central Competent 
Authority.  
The Central Competent Authority shall develop the regulations governing the 
application requirement, procedures, reservation of information, labeling and 
relevant management, as described in subparagraph 2 of paragraph 1.  
Article 18 The container or package of organic agricul tural products and 
agricultural products in the transitional period shall be remarked in Chinese 
and conventional symbols to indicate explicitly the following items:  
1. The product name. Organic agricultural products require display of text 
organic, where  the organic agricultural products in the transitional period 
shall be marked with text transition to organic.  
2. Name of raw material. When two or more types of mixture are present, 
mark the mixture according to the content and in descending order of the 
amount of the contents. In case the material is single material with the 
exact same name as the previous item, the name of raw material may be 
exempt from labeling.  
3. The name, address and telephone of agricultural product operator. 
However, the imported organic agricultural products should be marked 
with the name, address, and telephone number of the importer.  
4. Place (country) of origin, including but not limited to the manufacturing 
factory or certification premise with address sufficiently implying the 
place (country) of origin.  
5. Name of certification body.  
6. Certification certificate number. Nonetheles s the organic agricultural 
products should display the organic labeling approval document  number 
in accordance with subparagraph 2, Paragraph 1 of Article 17.  
7. Other matters required by the Central Competent Authority for 
announcement.  
 
In case the afo rementioned matters could not be labeled due to space, material 
or other reasons, the Central Competent Authority may announce the 
exemption of partial labeling or alternatives.  
  
The labeling of organic agricultural products and organic agricultural produ cts 
in the transitional period, except for the aforementioned two requirements, 
shall be complied with regulations governing the Food Safety and Hygiene  9 
 Management Act.  
 
In case of modification with the labeling matters in the different items in 
paragraph  1, all previous labeling must be replaced within 3 months from the 
date of modification.  
Article 19 The organic agricultural products and organic agricultural products 
in the transitional period sold in bulk package shall be displayed with the 
description of the name and place of origin (country) on the display sign in the 
areas of sales. Addi tionally, the copy of certificate for organic agricultural or 
agricultural products during the transitional period shall be displayed and the 
organic agricultural products that have been imported should be accompanied 
by the copy of the organic labeling ap proval document.  
The aforementioned description and place of origin (country) on display are 
subject to provisions prescribed in subparagraph 1 and subparagraph 6 of 
paragraph 1.  
The font size of the display for place of origin (country) for item one may not 
be smaller than 3cm in width and length.  
The organic agricultural products and  organic agricultural products in 
transition period sold in bulk package shall be complied with the above three 
provisions as well as the provisions prescribed in Food Safet y and Hygiene 
Management Act.   
Article 20 Organic agricultural products shall  allow using organic 
agricultural product labels after the approval of certification.  
The Central Competent Authority shall develop the regulations governing the 
specification,  pattern, usage, and other matters of compliance for the 
aforementioned organic agricultural product label.   
Article 21 For advertising the agricultural products under the term, organic or 
transition to organic period, the commissioned media carrier for b roadcast 
shall preserve the name or title of the broadcast commissioner, personal 
identification number or unified business number, residence, business site or 
firm, and telephone and contents of broadcast, in 6 months from the date of 
broadcast, and the c ommissioned shall not evade, impede or refuse the 
provision of such items upon request by the competent authority.   
Article 22 The competent authority may send personnel with identification 
documents to enter the operational premises and conveyance for t he 
producing, processing, packaging, storage, sales, and others of agricultural 
products labeled, displayed or advertised under the term of organic or organic  
in transition period. For the execution of inspection, sampling, testing, and  10 
 requesting the agri cultural product operators to provide relevant certificate and 
records, which shall not be evaded, impeded or refused by any party.    
In case of the competent authorities need to handle major or emergency events 
involving organic agricultural product safe ty, the competent authority may 
enter the aforementioned premise and conveyance and conducting inspection. 
The competent authority may enforce the execution on the parties that evade, 
impede or refuse and the parties is also subject to penalty  in accordanc e with 
subparagraph 3, paragraph 1 of Article 31.  
Article 23 The Central Competent Authority   shall announce the examination 
methods of the agricultural products and agricultural products in the 
transitional period after consulting with related agencies of the Central 
Competent Authority  ；if the aforementioned methods are not announced, the 
examination may be performed in accordance with the methods prescribed by 
the Central  Health and Welfare  Competent Authority  according to Act 
Governing Food Safety and  Sanitation. If none been announced by the Central 
Competent Authority  and the Central  Health and Welfare  Competent 
Authority , the examination may be performed in accordance with the methods 
recognized by the international society.   
Article 24 In case of the agricultural product operator holds objection to the 
examination  results, the operator may pay for the examination  fees in 15 days 
after receiving the notice and apply for re-examination  from the original 
sampling authority, limit ed to one time of re -examination .  
 
The previous authority for accepting re -examination  shall notify the examiner  
to conduct re -examination  on the original specimen in 7 days. Nonetheless the 
authority reserves the right to refuse acceptance if the specime n has 
deteriorated or could not be preserved by proper method.   
Article 25 The competent authorities may apply the following process on 
organic agricultural products and the agricultural products in the transitional 
period that have been identified contai ning biochemical substance:  
1. Order the agricultural product operator or owner from relocating his 
agricultural products, conducting withdrawal, recalling or adopting other 
appropriate measures.  
2. Products with advertising activity, the Bailer shall be ordered to withdraw 
the contract or recall the advertising materials, or the Bailee shall be 
ordered to stop the advertising activity.   
Article 26. The competent authority shall offer rewards for reporting with 
seizure in violation of the laws, in addition to keeping confidentiality about the  11 
 identification of the reporter.   
The Central Competent Authority shall develop regulations governing the 
aforementioned reporting incentives.  
Chapter 5 Pen alties   
Article 27 Under any of the following circumstances , it may be levied with a 
fine of not less than NTD600,000 and not more than NTD60,000,000:  
1. In violation of provisions specified in paragraph 1 of article 11, operating 
accreditation business without authorization and permission from the 
Central Competent Authority .  
2. Accreditation bodies violating provisions in paragraph 1 of Article 33 to  
suspend the acceptance of new application for accreditation business 
during suspension period of accepting new applications for accreditation 
operations.   
Article 28 In violation of provisions specified in paragraph 1 of article 12, 
operating certificati on business without authorization or failing to acquire 
conformance of accreditation from the accreditation body is subject to a fine 
between NTD300,000 to NTD30 ,000,000 .  
Article 29 Under any of the following circumstances , it may be levied with a 
fine of not less than NTD200,000 and not more than NTD2,000,000 and fines 
may be issued per violation::  
1. In violation of provisions prescribed in paragraph 1 of Article 20, the use 
of organic agricultural product mark without authorization and without 
certification conformance.  
2. In violation of provisions prescribed in paragraph 3 of Article 32, the use  
of organic agricultural product labels without authorization during the 
period specified by the competent authority   
Article 30 Under any of the following circumstances , it may be levied with a 
fine of not less than NTD100,000  and not more than NTD1,000,000  and fines 
may be issued per violation:  
1. In violation of provisions prescribed in paragraph 3 of Article 12, 
evading, impeding or refusing audit from competent authority or failing 
to preserve relevant information and records for the items, m ethods and 
periods announced by the Central Competent Authority , or preserving 
false information or records.  
2. In violation of provisions in Article 21, failing to preserve information or 
evading, impeding or refusing to provide information, or providin g false 
information.  
3. In violation of provisions prescribed in Paragraph 1 of Article 22,  12 
 evading, impeding or refusing the competent authority to enter the 
premise and conveyance, from executing inspection, sampling or testing, 
or failing to provide re levant certificate or records, or deliberately 
providing false certification or records.  
4. In violation of the order issued by the competent authority pursuant to 
suspend the broadcast in accordance with provisions specified in 
Paragraph 2 of Article 34.   
For the agricultural product operator penalized for the provision specified in 
Article 3, and the agricultural products in violation of provisions specified in 
paragraph 2 and 3 of Article 15, Article 16, and subparagraph 1 of Article 17, 
the competent a uthority may take compulsive measures to enter the premise, 
conveyance, for executing inspection, sampling, and testing in accordance the 
provisions specified in paragraph 1 of Article 20  
Article 31  Under any of the following circumstances , agricultural  product 
operator  may be levied with a fine of not less than NTD60,000  and not more 
than NTD600,000  and fines may be issued per violation:  
1. In violation of provision specified in Paragraph 2 of Article 15, deliberate 
use of biochemical substance.  
2. In violation of provision specified in Paragraph 3 of Article 15, the 
organic agricultural products and agricultural products in the transitional 
period containing biochemical substance, the operator proven the 
adoption of necessary protection measures shall not penalized.  
3. In violation of provision specified in Paragraph 1 and 2 of Article 16, 
paragraph 1 of Article 17, the agricultural products have not been 
certified of conformance; or labeling, displaying or advertise with the 
term, organic, in text of Chinese or forei gn language, without 
conformance after import review, or other practice of expression that 
could mislead others. .  
4. In violation of provision specified in Paragraph 3 of Article 16, 
non-natural person agricultural product operator, using the term, organ ic, 
in whole or in part, on the product, while the agricultural products have 
not been certified for conformance or fail to conform with the review 
provisions in subparagraph 2, paragraph 1 of Article 17.  
5. In violation of provision specified in Paragrap h 3 of Article 32, the use of 
organic term on labeling, display or advertising without authorization 
during the period specified by the competent authority.  
The circumstances specified in item 2 of previous paragraph shall be penalized 
in accordance with the provisions prescribed in Subparagraph 2, Paragraph 1  13 
 of Article 44 in Food Safety and Hygiene Management Act, where the 
provision of item 2 in previous paragraph does not apply.   
 
The agricultural product operator shall comply with the instructions fr om the 
commissioner or ordering party for production, process, packing or 
distribution of agricultural products. In the event of one of the circumstances 
described in the different items of the first paragraph, the commissioner or 
ordering party may be pen alized.  
Article 32 Under any of the following circumstances , agricultural product 
operator  may be levied with a fine of not less than NTD30,000  and not more 
than NTD300,000 and be ordered to take corrective measures within a 
specified time period. In t he event when the operator fails to do so, a fine 
should be imposed each time the violation occurs.  
1. Failing to label in accordance with paragraph 1 of Article 18, providing 
false labeling, or failing to replace all labeling in 3 months from the date 
of modification in accordance with the provision specified in Paragraph 4 
of Article 18.  
2. Failing to display the description or place of origin according to the 
provisions prescribed in paragraph 1 of Article 19, or failing to display 
the copy of certific ation certificate for organic agricultural products or for 
agricultural products in the transitional period, and copy of the organic 
labeling approval document.  
3. In violation of the regulations specified in paragraph 2 of Article 20, 
regarding the standa rds of labels specification, pattern or usage.  
In case of the previous conduct involving agricultural products has been 
certified of conformance for the first time in less than one year, the competent 
authority shall firstly order the agricultural product  operator to take  corrective 
action within a limited period. Failing to improve on a timely basis then is 
subject to a penalty stated in aforementioned proviosion.   
 
In the involvement of one of the aforementioned circumstances described in 
paragraph 1, the competent authority may order to suspend the use of organic 
agricultural product labels or the use under the name of organic products for 
between at least 3 months and up to one year.   
Article 33 In case of the accreditation body involves in one of the following 
circumstances, the Central Competent Authority may issue warnings according 
to the gravity of circumstances or impose a penalty of suspending the 
acceptanc e of new application for accreditation between 2 months and 2 years:   14 
 1. In violation of provision prescribed in subparagraph 1, paragraph 1 of 
Article 11, accreditation bodies rejecting acceptance of accreditation 
application or acceptance of accreditatio n for application from countries 
or areas other than the county or area assigned for permit.   
2. In violation of provision prescribed in Subparagraph 2, Paragraph 1 of 
Article 11, assessing the application case not according to the 
accreditation standard.  
3. In violation of provision prescribed in Subparagraph 3, Paragraph 1 of 
Article 11, refusing to sign accreditation contract with the certification 
bodies with conformance for no reason.  
4. In violation of provision prescribed in Subparagraph 4, Paragra ph 1 of 
Article 11, issuance of accreditation certificate to certification bodies 
accredited for conformity not in accordance with the category of 
certification business.   
5. In violation of provision prescribed in Subparagraph 1, Paragraph 3 of 
Article 1 1, failing to report the revised accreditation standards to the 
Central Competent Authority for review in 7 days.  
6. In violation of provision prescribed in Subparagraph 2, Paragraph 3 of 
Article 11, failing to retain the records of operations of accredit ation 
operation for at least 5 years, preserving false records, and failing to 
comply with the provisions regarding the declaration and reporting 
prescribed in paragraph 4 of Article 11 regulated by the Central 
Competent Authority.  
7. In violation of prov ision prescribed in Subparagraph 3, Paragraph 3 of 
Article 11, evading, impeding or refusing audit from the Central 
Competent Authority.  
8. In violation of provision prescribed in Subparagraph 4, Paragraph 3 of 
Article 11, failing to co -audit the accredit ed certification bodies with the 
Central Competent Authority  upon receiving notice from the Central 
Competent Authority.  
9. In violation of provision prescribed in Subparagraph 5, Paragraph 3 of 
Article 11, the accreditation bodies having modified matter s recorded on 
the documents of permit certificate but failing to apply for modification 
from the Central Competent Authority in 30 days from the date of 
modification.  
10. In violation of provision prescribed in Subparagraph 6, Paragraph 3 of 
Article 11, fa iling to process in accordance with the contract in 10 days.  
11. In violation of paragraph 4, Article 11 of the regulations governing the 15 
 matters of compliance for organizing appraisal, developed by the Central 
Competent Authority.   
After the Central Competent Authority suspends the acceptance of new 
application for accreditation business from the accreditation bodies twice in 
two years, and in the event of one of the circumstances described in previous 
paragraph, the Central Competen t Authority shall abolish the permit and shall 
prohibit the accreditation body to apply for permit during the period of at least 
two years and up to five years, in accordance with the provisions stated in 
paragraph 1 of Article 11.   
 
For the accreditation  body abolished of permit in aforementioned, the Central 
Competent Authority  shall serve as the accreditation body for the 
certification bodies accredited and adopt the accreditation contract, starting 
from the date of accreditation abolishment. The presc ribed certification bodies 
shall also sign contract with other accreditation bodies during the period of 
announcement made by the Central Competent Authorit y.  
Article 34 For the agricultural products that are mentioned in the agricultural 
product advert isement and meet conditions prescribed in paragraph 1 of 
Article 30, paragraph 1 of Article 32 or paragraph 1 of previous Article, one of 
the following actions may be ordered jointly with a fine as regulated by the 
competent authority:  
1. Ordering the adve rtising bailer to commission the broadcast of certain 
content on the same article and timeslots of the original broadcast, and a 
specific number of corrective advertising with content expressing 
apologies and message of correction.  
2. Ordering the commissioned advertiser to suspend broadcast and withdraw 
advertising materials.   
Article 35 For circumstances defined between Article 29~32, the competent 
authority may impose penalty according to the regulations and announce the 
severity of violations, name of agricultural products, name and address of 
agricultural product operator, legal entity , corporate or group name, firm or 
business premise, name of manager or representative , and sampling site and 
date for the agricultural products.   
Article 36  The penalty defined by the act, unless otherwise specified, shall be 
governed by the Local  Competent Authorit ies. Nonetheless the Central 
Competent Authority shall impose penalties to the accreditation bodies and 
certification bodies.   
Chapter 7 Supplementa ry  16 
 Article 37   Prior to the implementation of the act, countries with equivalence 
announced by the Central Competent Authority not signing the bilateral 
organic equivalence mutual recognition agreement or treaty with Taiwan in 
one year after the implementation of the ac t, the Central Competent Authority 
shall announce the abolishment of equivalence recognition accordingly.  
 
The certified conformance agricultural products were imported prior to the 
announcement for abolishment of equivalence recognition specified in 
previous paragraph enters into force, may still  
use the term of organic for labeling, display or advertising.   
Article 38 Prior to the implementation of the act, the bodies that have 
complied with the provisions related to the Agricultural Production and 
Certification Act for the accreditation and certification of organic agricultural 
products shall be deemed as accredited and certified in 6 months after the 
implementation of the act.   
 
Prior to the announcement made by the Central Competent Authority in 
accordance with the paragraph 2 of Article 13, the Central Competent 
Authority shall apply the regulations prescribed in paragraph 2, Article 5 of the 
Agricultural Production and Certification Act to the category, items and 
certification standards for specifi ed agricultural products in paragraph 1 of 
Article 13.   
Article 39 In the absence of accreditation bodies served by any Taiwan 
authority (body) or corporations, the Central Competent Authority may 
announce and assign an  organization (institution) , schoo l or legal entity  to 
serve as the accreditation body (hereinafter referred to as assigned 
accreditation body) during a specific period of time. The certification bodies 
that have not signed contract with assigned accreditation bodies shall sign 
contract wi th the assigned accreditation body in accordance wit h the 
provisions prescribed in paragraph 1 of Article 12, in 7 days from the date of 
effective date of contract.   
 
In the absence of certification bodies served by any Taiwan authority (body) or 
corporations, the Central Competent Authority may announce and assign an 
organization (institution) , school or legal entity  to serve as the certification 
body (hereinafter ref erred to as assigned certification body) during a specific 
period of time. The agricultural product operators that have not signed contract 
with assigned certification bodies shall sign contract with the assigned  17 
 certification body in accordance with the p rovisions prescribed in paragraph 1 
of Article 13, in 7 days from the date of effective date of contract.  
Article 40 Enforcement Rules for this Act shall be enacted by the Central 
Competent Authority.   
Article 41 This act shall enter into force on the date of promulgation.