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Online Inspection for the Prevention and Control of Illegal Activities

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To prevent toxic and concerned chemical substances from polluting the environment and harming human health, the Chemicals Administration of the Ministry of the Environment has enacted regulations to control the handling of these substances. By implementing a permit (approval) system, the Administration has put in place comprehensive management measures for the 8 major handling activities: the manufacture, import, export, sale, transport, use, storage, and disposal of chemical substances. Additionally, the Administration mandates that both sellers and buyers must obtain permits (approvals) issued by the respective municipal/county/city competent authorities. However, mail orders and online shopping, which have significantly made daily lives more convenient, are not eligible for the aforementioned mechanism. This is due to their potential to serve as channels through which business entities can evade regulations, thereby creating loopholes in the safety measures. Allowing these toxic or concerned chemical substances to easily enter the market could potentially lead to misuse or abuse among citizens, subsequently resulting in environmental pollution and harm to human health.

Amendments to the "Toxic Chemical Substances Control Act" were enacted on January 16, 2019, resulting in the renaming of the Act as the "Toxic and Concerned Chemical Substances Control Act" (referred to as the Act hereinafter). The Act explicitly prohibits the trading of toxic and concerned chemical substances via mail orders, online shopping, or any other means that fail to identify the counterparty's identity. Additionally, penalties pertaining to business entities operating trading platforms have been introduced, empowering the Administration to bolster management effectiveness through regulatory amendments.

Figure 1: Toxic and Concerned Chemical Substances Control Act
Figure 1: Toxic and Concerned Chemical Substances Control Act

The aforementioned regulations also define mail orders and online shopping as transactions involving unspecified targets through radio, television, telephone, fax, catalogs, newspapers, magazines, the internet, leaflets, or similar methods without a specific target audience. In addition to penalties imposed on sellers and users who breach these laws, starting from January 16, 2020, penalties would also be applied to platform operators or providers of trading platforms found in violation. These penalties could range between NT$60,000 and NT$300,000 per violation.

Source: 
Ministry of Environment
Published: 
2023-08-11
Updated: 
2024-10-24