Taiwan Taiwan issues notice on revision of “Regulations governing disposition of commodities failing inspection”

The Bureau of Standards, Metrology and Inspection (BSMI), Ministry of Economic Affairs, Taiwan, issued a notice regarding the revision of “Regulations governing disposition of commodities failing inspection”(the Regulations) and published a draft revision on July 2, 2021. The deadline for comments is 60 days after the notice date.

The Regulations which are established in accordance with Article .26 of the “Commodity inspection act” (the Act), stipulates the disposition of commodities failing inspection, including re-inspection. The “Commodity inspection act” and the “Regulations governing disposition of commodities failing inspection” also apply to products subject to Taiwan’s version of the RoHS regulations, so it is necessary to comply with the provisions of the Regulations in the event that RoHS-compliant products fail inspection. The main revisions to the Regulations are as follows.

 

Setting a deadline for re-inspection

With regard to the application for re-inspection when a product fails the inspection, the current Regulations did not set a time limit, but the revised draft adds a provision that the application should be made “within 6 months after receiving the notice of failure”. The revised article (Article 7), including the above, is as follows (the underlined parts are the parts revised this time)

Article 7

If commodities that fail inspection may be modified, adjusted, or reprocessed to comply with inspection requirements, an applicant may apply to the inspection authority for a new inspection application by submitting an improvement plan within 6 months after receiving the notice of failure. However, if a special condition exists that is approved by the BSMI, a new application shall not be limited to one time only.

 

Revision to the Provisions on the disposition of commodities that fail inspection

Article 9 stipulates that the inspection authority shall dispatch personnel to supervise the disposing of non-complying commodities, but in this revision, cases have been added in which the above supervision is no longer required. The contents of the revised article are as follows (the underlined parts are the parts revised this time).

Article 9

If commodities that fail inspection cannot be further modified, adjusted, or reprocessed to meet the inspection requirements, or that fail the inspection again after re-inspection, the applicant shall return the shipment, destroy or disassemble the commodities, or adopt other necessary measures within 6 months after receiving a notice of unsatisfactory inspection results.

When disposing of non-complying commodities mentioned in the preceding paragraph, an applicant shall apply to the inspection authority for opening the seal or may open the inspection authority. However, this does not apply to cases in which the applicant opens the package and ships it back with consent.

 

The original text of the above revised Regulations can be viewed at the following URL (in traditional Chinese).
https://www.bsmi.gov.tw/wSite/public/Data/f1625562098358.pdf