Strengthen management and rules on tobacco and alcohol. Foster the development of domestic winery industry.
1. To improve the management effectiveness of tobacco and alcohol and the benefits of their execution, taking into account the law and the practical side of things, we have added or amended laws and regulations about tobacco and alcohol as follows.
(1) In the wake of the amendment of The Tobacco and Alcohol Administration Act, between 2014 and 2015 we amended downstream regulations, such as “Enforcement Rules of the Tobacco and Alcohol Administration Act,” “Specific Amount of Imported Illegal Tobacco/Alcohol Products Set for which Declaration Has Been Evaded or Underreported in the Subparagraph 4, Paragraph 1, Article 6 of the Tobacco and Alcohol Administration Act,” “Specific Amount of Transporting Illegal Tobacco/Alcohol Products Set by an R.O.C. Fishing Vessel in the Subparagraph 5, Paragraph 1, Article 6 of the Tobacco and Alcohol Administration Act,” “Regulations Governing Undenatured Ethyl Alcohol,” “Regulations Governing Rewards for Informing or Discovering Offences of Illegal Tobacco or Alcohol,” “Regulations Governing the Approval and Review of Establishment and Modification of Alcohol and Tobacco Importer and Producer Licenses,” “Regulations Governing the Production of Alcohol by Farmers or Aborigines,” “Regulations Governing Establishing Special Zones or Special Counters for Alcohol Sales Sites,” “Fee Standards for Examination of Applications, Issuance of Certification, and Granting of Permission as Charged to Importers and Producers of Tobacco and Alcohol Products,” “Regulations Governing the Recall and Destruction for Disqualified Tobacco or Alcohol,” “Standards for the Establishment of Tobacco Production Factory,” “Standards for the Establishment of Alcohol Production Factory,” “Regulations Governing the Labeling of the Alcohol Products,” “The Sanitation Standards for Tobacco Producers,” “The Sanitation Standards for Alcohol Producers,” “Directions for the Handling of Seizures and Accusations for Tobacco and Alcohol-Related Products,” “The Administrative Regulations Governing the Inspection of Imported Alcohol,” and “Directions for the Administration Inspection of Imported Alcohol.” We abolished “Limits of Annual Production Amounts for Alcohol Producers Organization in Forms other than Those of Companies Limited by Shares” on June 6, 2003 and the “Qualifications of a Tobacco/Alcohol Producers Being Commissioned to Produce Tobacco/Alcohol Products” was announced on July 1, 2004.
(2) To strengthen the measures protecting personal data at tobacco and alcohol producers or importers and to establish mechanisms to manage, audit, safekeep, and improve, we announced on August 28, 2015 “Regulations Governing Personal Information File Security Maintenance and Administration of Alcohol and Tobacco Industry,” which took effect six months after the announcement.
(3) To strengthen the management of waste reutilization of tobacco and alcohol producers and to meet their practical operational needs, we announced on October 9, 2014 “Regulations on the Reuse of Alcohol and Tobacco Industrial Waste.”
(4) To strengthen the control of import sources of tobacco, we announced on June 26, 2014 that, effective January 1, 2015, importers of tobacco into logistics centers and bonded warehouses (excluding duty-free shops, offshore duty-free shops, and bonded warehouses belonging to airlines that supply the cabins of international flights) and people engaged in tobacco triangular trade should obtain tobacco import license permits.
(5) To improve the effectiveness of alcohol management and make the law more reasonable, on May 16, 2014, we amended some articles of the “Regulations Governing Undenatured Ethyl Alcohol” to clearly specify that imported undenatured ethyl alcohol may not be used for wine making, even though its undenatured status does not meet the rule. Unless the competent authority has issued its consent or proof that the import is for industrial, pharmaceutical, or military use, undenatured ethyl alcohol may not be imported. In light of the flammability of undenatured ethyl alcohol, we added penalty clauses for people who violate the restrictions on the storage locations of imported undenatured ethyl alcohol. These changes took effect on the day of the announcement.
(6) To protect the consumer, ensure the safety of alcohol consumption, meet international standards, and take into account the practical needs of alcohol management, the Ministry of Finance and Ministry of Health and Welfare on December 27, 2016 jointly amended “The Hygiene Standards for Alcohol Products” where we adjusted the limits of methyl alcohol in grape wine and sweet potato-distilled spirits. We also added rules on preservatives, the limit of residues left after the same alcohol is added with mixed preservatives, and how to judge whether preservatives have exceeded the limit.
(7) To encourage people to actively report major illegal alcohol and tobacco cases, the MOF amended “Regulations Governing Rewards for Informing or Discovering Offenses of Illegal Tobacco or Alcohol” on March 28, 2019, and increased the rate of awards to 30% for those informants reporting violation cases that originate outside the network. The MOF also added whistleblower terms and increased the award rate to 45% for those informants who were current or former employees. The maximum reward amount per case is limited to NT$6 million. Besides, in consideration of the prosecutor’s neutral and supervisory role, the MOF added the provision that the prosecutor may not receive awards for the investigation and seizure of illegal alcohol and tobacco. The amendments came into force from the date of promulgation.
2. The MOF introduced the Alcohol Quality Certification System in 2003. Any commercial alcohol must pass qualification reviews, be evaluated on the scene, be subjected to sampling, and be submitted to the certification technical committee for approval before it can receive certification. Then it is subjected to regular follow-up examinations to ensure the quality and hygiene of the alcohol. To help these small certified wineries, we announced on June 30, 2017, a “Development Plan on Certificated Alcohol Industry” that consolidates the administrative resources of the Ministry of Foreign Affairs, Ministry of Economic Affairs, Ministry of Transportation and Communications, and the Council of Agriculture, Executive Yuan, to help certified domestic wineries develop international markets and to help the winery industry develop in a positive way.
3. Some Articles in the Criminal Code of the Republic of China, which stipulate
that confiscation of objects belonging to non-offenders should be limited to only contraband, may affect the efficacy of the investigation into the seizure of illegal tobacco and alcohol products. The amendments to Articles 57 and 59 of the Tobacco and Alcohol Administration Act were thus promulgated by the President on December 27, 2017. These stipulate that the said objects should be confiscated without referring to their ownership. The amendments came into force from the day of promulgation.
1. Improve the management effectiveness of tobacco and alcohol.
2. Protect the safety and rights of tobacco and alcohol consumers.
3. Protect the rights of people legally engaging in the trade.
4. Stop the acts of illegal tobacco and alcohol.
5. Simplify and relax the tobacco and alcohol laws to make them easier for the public.
6. Foster the steady development of certified businesses.