Directions Governing the Inspection of Toy Commodities
Adopted and promulgated by Ministerial Order No. 09720010650, BSMI, MOEA on 21 October, 2008 and taken effect on 1 January 2009
Article 1 These Directions are instituted as to handle affairs relating to the inspection of toy commodities.
Article 2 The inspection authority mentioned in these Directions shall mean the Bureau of Standards, Metrology and Inspection (the BMSI) of the Ministry of Economic Affairs and its branches.
Article 3 The inspection ways adopt both the monitoring inspection and the registration of product certification [type test (Mode2) + declaration of conformity to type (Mode3)].
Article 4 The inspection way of the monitoring inspection:
1. Location receiving the inspection:
(1) Commodities produced domestically: the inspection shall be applied in accordance with the production place to the inspection authority in the jurisdictional region; the inspection may be applied to the inspection authority in other jurisdictional regions if necessary.
(2) Commodities imported via agency or importer: the inspection shall be applied in accordance with the ports where the commodities arrive to the inspection authority in the jurisdictional region; the inspection may be applied to the inspection authority in other jurisdictional regions if necessary.
2. Inspection location: the inspection authority commissioned by the BMSI.
3. Inspection time limit: within 7 workdays from the day when the sample of commodities subject to inspection arrives at the inspection authority.
4. Inspection charge: 0.25% of the shipping wholesale prices for commodities produced domestically (untaxed) or the CIF for commodities imported. Where the minimal charge per batch is assessed less than NT$500 will be charged at NT$500 whereas the charge of the part exceeding NT$100,000 will be reduced to half thereof.
5. The commodity inspection mark is comprised of a set of pattern and ID No. where the ID No. shall be closely next to the right side or the underneath of the basic pattern.
The pattern of the commodity inspection mark is .
The ID number of the commodity inspection mark shall be comprised of a set of an alphabet, serial numbers or specified codes pursuant to the diversity of inspection ways.
(1) The commodity inspection mark comprised of alphabet C and serial number printed by the BMSI is applied by and issued to the inspection obligatory applicant at the application for inspection and shall be attached to the body of the commodity concerned or the minimal package thereof.
An example:
(2) For the inspection obligatory applicant who applies for the self-printed commodity inspection mark, the [Self-Printed Commodity Inspection Mark Application Form] along with the factory registration certificate, business registration certificate or other papers of the like, monitoring inspection commodity registration certificate and the copy of the inspection certificate of the latest 3 batches of the commodities subject to inspection (within the one year prior to the application for the self-printed mark) shall be submitted to the local inspection authority with jurisdiction for the application of self-printed alphabet M and the specified codes.
(3) Where one of the prescribed circumstances occurs to the inspection obligatory applicant who obtains the approval for the qualification of self-printed commodity inspection mark from the BMSI, the BMSI may nullify the self-printed commodity inspection mark pursuant to the provisions: a. suspension of business, unidentified whereabouts or failure of the application for inspection for 2 and more years; b. the approved self-printed commodity inspection mark is labeled on the unapproved commodity; and c. failure of labeling the commodity inspection mark on commodities. Where the inspection obligatory applicant under the preceding nullification has exercised the self-printed commodity inspection mark for 3 months and more and the commodities subject to inspection are qualified in the inspection for the consecutive 3 batches, the inspection obligatory applicant may re-apply for using the self-printed commodity inspection mark.
(4) When the inspection obligatory applicant applies for toy commodities, the self-printed commodity inspection mark M00000 and batch No. [no repeated usage is allowed] shall be filled out in details on the commodity inspection mark column and batch No. column of the inspection application form. Moreover, M00000 and batch No. (7-number) shall be separated in upper and lower lines together labeled on the body of the commodity concerned or the minimal package thereof and close to the right side or the underneath of the basic pattern as to implement the post-market management mechanism and commodity tracing function.
For example: 0807001 [as the first batch toy commodities imported or produced in July 2008; the first and second numbers are the rear 2 numbers of the western year of the imported or produced date in principle; the third and fourth numbers are the month of the imported or produced date; the fifth to seventh numbers are serial numbers]
An example:
or M00000
M00000 Batch No. 0807001
Batch No. 0807001
(5) Where the total quantity exceeds 50,000 pieces and requires the inspection by diverse batches for the toy commodities applied for inspection by the identical inspection obligatory applicant imported or produced domestically under the identical type in the identical C.C.C. Code, the identical batch No. of toy commodity label may be applied to the BMSI. The approval from the BMSI is valid in the very year and requires the re-application per year. The inspection obligatory applicant shall label the identical batch No. on the batch No. column of the inspection application form per batch and on the body of the toy or the minimal package thereof
(6) The identical inspection obligatory applicant may apply for the continuous employment of the unused Chinese mark samples in the inventory (including the self-printed commodity inspection mark M00000 and batch No.) to the BMSI; the approved expiration is due on 30 June 2009; however, the application for another 6-month extension may be submitted to the BMSI if the preceding samples remained unused by the original expiration.
6. Inspection ways:
(1) The inspection obligatory applicant shall submit the application of the inspection registration for monitoring inspection to the inspection authority by the commodity inspection registration application form along with the factory registration certificate, business registration certificate or other papers of the like.
(2) The inspection obligatory applicant shall register all of the names of the toy commodities in the name of commodities of the application form for inspection in the automated system of the BMSI along with e-file as applying for the inspection of toy commodities imported or produced domestically; the name of commodities may be attached to the back of the written application form as the appendix. The application shall be denied if any defiance of the preceding provisions occurs. It requires the inspection obligatory applicant to submit the re-application for inspection with the supplemented or corrected data.
(3) Where the toy commodities listed in the identical application form for inspection under the identical C.C.C. Code within 100 items thereof conform to the provisions via batch-by-batch inspection for the consecutive 5 batches, the inspection will be exercised via the random sampling inspection by batches a.k.a. 20% per batch and the residual batches will be released by written approval; afterwards, where the commodities conform to the provisions for the consecutive 25 batches, the inspection will be exercised via random sampling inspection by batches a.k.a. 10% per batch and the residual batches will be released by written approval; afterwards, where the commodities conform to the provisions for the consecutive 50 batches, the inspection will be exercised via random sampling inspection by batches a.k.a. 5% per batch and the residual batches will be released by written approval; moreover, the inspection record will be counted as the batch accumulation prescribed in the simplified inspection provisions.
(4) Where the toy commodities listed in the identical application form for inspection under 2 diverse C.C.C. Codes or under the identical C.C.C. Code exceeding 100 items or under any other special circumstance, the sampling inspection and the check of commodity inspection mark and Chinese label must be exercised on the very batch and the batch concerned is excluded from the batch accumulation prescribed in the simplified inspection provisions.
(5) Where any inconformity occurs in the sampled batch, the toy commodities under the identical C.C.C. Code applied by the identical inspection obligatory applicant for inspection must require the conformity to the provisions for the consecutive 5 batches; afterwards, the provisions prescribed in (3) will be exercised on the follow-up batches.
(6) The sampling proportion of the sampled batch is one out of five for those within 100 items in principle, but each sampled batch shall be sampled one item at least and five items at most; for those exceeding 100 items, every 20 items of the exceeding part add 1 sampling inspection item of which 2 pieces (sets) are sampled. However, such a sampling proportion may be adjusted flexibly in accordance with the actual requirements. The inspection and the check of commodity inspection mark and Chinese label must be exercised on the sampled item(s). Where the whole batch of toy commodities has obtained the type test report issued by the specified laboratory recognized by the BMSI (confined to the identical type test report within 12 months prior to the application for inspection), it requires to perform the onsite check of the items such as packages, exterior appearance, commodity inspection mark and Chinese label.
(7) The inspection for release by written approval is executed in accordance with the ways prescribed as below:
a. In addition to the check of computer database or the inspection certificate submitted by the inspection obligatory applicant as to confirm the conformity of the commodities subject to inspection to the qualification of release by written approval, the random sampling inspection on exterior appearance, commodity inspection mark and Chinese label by batches a.k.a. 50% per batch is exercised; the sampling inspection may be exercised if necessary.
b. Where the identical inspection obligatory applicant who has not applied for the prior release for the consecutive 10 times and has completed the action of attaching commodity inspection mark and Chinese label and the commodities concerned conform to the inspection provisions checked (inspected) by the inspection agencies (institutions), the check of exterior appearance, commodity inspection mark and Chinese label is exempted; however, the sampling inspection may be exercised if necessary.
(8) Where the toy commodities are approved for the prior release by the inspection authority receiving the application for inspection, the inspection obligatory applicant shall notify the inspection authority to execute the check of commodity inspection mark and Chinese label, sampling and sealing at the location where the commodities are stored after the relevant procedures are accomplished.
(9) The sampling proportion of the cases re-applied for inspection due to the disqualification of inspection is exercised pursuant to the provisions prescribed in (6). Nevertheless, for the toy commodities pursuant to the disqualification of inspection re-applied for inspection via improvement pertain to the necessity of the added sampling items, the double samples shall be exercised.
(10) The check of the inspection via purchasing samples, commodity inspection mark, batch No. and Chinese label of the toy commodities sold in markets is constantly enhanced. Where the inspection results fail to conform to the provisions prescribed in the ROC toy safety national standards CNS 4797, the inspection obligatory applicant shall get all of the toy commodities under the identical type, identical standards and identical batch (for self-printed commodity inspection mark) off the selling stands and retrieve and correct them within a definite time limit with a notification letter pursuant to the relevant provisions prescribed in the Commodity Inspection Act. Where there is no way to correct the preceding commodities, they shall be returned or destroyed.
Article 5 The inspection ways of the registration of product certification:
1. The procedures to receive the application for type test report:
Each 3 pieces of the main type and serial types at least shall be submitted to the specified toy laboratory recognized by the BMSI (the Taiwan Children’s Commodities R&D Center) for the type test application.
2. The applicant applying for the registration of product certification shall apply for the issuance of the certificate of the registration of product certification to the inspection authority via submitting the papers listed below:
(1) Basic papers:
Please download programs of the application for registration of product certification data registration at Download and Application of the BMSI homepage (URL: http://www.bsmi.gov.tw) and fill out the data and store them in the disk (or other storage media) as the basic papers of the registration of product certification.
(2) Papers of conformity assessment:
a. Type test report issued by the specified toy laboratory recognized by the BMSI.
b. Declaration of Conformity to Type.
(3) Technical papers:
a. Table of the registration of product certification type classification approved by the specified toy laboratory recognized by the BMSI;
b. Table of statements from the agent of the enterprise;
c. Table of descriptions of toy commodities;
d. Table of materials of commodities / parts;
e. Check table of main raw materials;
f. Table of statements of the current quality assurance system (replaceable with the copy of the Quality Management System, QMS, registration of product certification certificate approved by the BMSI or the inspection authority recognized by the BMSI under CNS 12681 (ISO 9001));
g. Report relating to the material checklist or material incoming ingredients;
h. Manufacturing process of toy; and
i. Colorful pictures of toy commodities (including the actual size of toy commodities: 4 inches * 6 inches).
3. (Absent)
4. Charge of type test: in compliance with the provisions relating to charges of the inspection authority receiving the case.
5. Time limit of examination: 14 workdays (excluding the time of waiting for the supplemented data) and plus another 7 workdays for the test by random sampling.
6. Annual fee for registration: NT$200 for each type.
7. Examination fee:
(1) Application for the registration of product certification: NT$5,000 for each type; NT$3,000 for each serial types.
(2) Authorization of the certificate of the registration of product certification: NT$500 per certificate.