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Enhancing the scope of tobacco and alcohol Regulations; fostering the development of the domestic winery industry.

Conetent:
1. To improve the management effectiveness of tobacco and alcohol and the benefits of their execution, taking into account both legal and practical aspects, the NTA has added, amended or deregulated laws and regulations regarding  tobacco and alcohol as follows.
(1)To protect the consumer, ensure the safety of alcohol consumption, meet international standards, and take into account the practical needs of alcohol management, the MOF and MOHW on December 27, 2016 jointly amended “The Hygiene Standards for Alcohol Products” where the limits of methyl alcohol in grape wine and sweet potato-distilled spirits were adjusted. Rules were also added regarding 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.
(2) 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.
(3) To encourage people to actively report major illegal alcohol and tobacco cases, the MOF amended the “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 who report non-online violating cases regarding illegal tobacco and alcohol products. The MOF also added whistleblower terms and increased the award rate to 45% for whistleblowers who are current or former employees of the violator. The maximum reward amount per case is limited to NT$6 million. In addition, 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.
(4) To encourage the emerging industries to innovate and ensure the safety of alcohol, the MOF promulgated the supplemental interpretive rule that the pre-immersion work of a bartender under certain conditions is regarded as blending alcohol drink for immediate consumption. A business that complies with the rules may be deemed as an alcohol drink seller and need not obtain the producer’s license.
(5) To adapt to the current situations and meet the practical needs of industry,  the MOF announced an interpretive rule stating that teaching activities held by a business may be exempt from the punishment of producing illegal alcohol pursuant to Paragraph 1 of Article 45 of “The Tobacco and Alcohol Administration Act” regardless if the course requires extra fees. The rule requires that every student produce less than 5 liters of alcohol product which is distributed to students immediately after the course; in addition, no illegal alcohol can be used. The materials for the course must meet the hygiene standards for food or alcohol products.
(6) In order to comply with the Administrative Penalty Act and to prevent inbound passengers from illegally carrying excessive amounts of tobacco and alcohol, Articles 6, 19-1, and 45 of “Directions for the Handling of Seizures and Accusations for Tobacco and Alcohol-Related Products”  were promulgated; Articles 6 and 19-1 took effect on October 5, 2020, and Article 45 took effect on January 1, 2021.
(7) To strengthen the protection of the security of personal information files used by tobacco and alcohol business, the MOF amended some articles of Regulations Governing Personal Information File Security Maintenance and Administration of Tobacco and Alcohol Business. The amendment included to whom, when and what message shall be reported and the following of administrative inspection as well. Except Article 18, which shall enter into force 6 months after its promulgation, the amendment shall enter into force on the date of promulgation.
(8) In order to assist promoting the use of designated drivers, three more different warning messages on the labels attached to alcohol products, including “Designated drivers keep us all safe,” “Safety is priceless, use a designated driver,” and “Use a designated driver to deliver you home safely,” have been announced and authorized for utilization, effective on January 27, 2022.

(9)In response to the amendment of the “Tobacco Hazards Prevention Act” that regulates new types of tobacco products such as heated tobacco products, the MOF amended Articles 2 and 27 of the “Enforcement Rules of the Tobacco and Alcohol Administration Act,” as well as specific amounts of imported illegal tobacco/alcohol products for which declaration has been evaded, or which have been underreported in accordance with Subparagraph 4 of Paragraph 1 of Article 6 of “The Tobacco and Alcohol Administration Act,” and specific amounts of illegal tobacco/alcohol products transported by an R.O.C. fishing vessel in accordance with Subparagraph 5 of Paragraph 1 of Article 6 of “The Tobacco and Alcohol Administration Act” on March 22, 2023. In addition, the MOF, MOHW, and MOEA also jointly amended Articles 8, 10, and 12 of the “Standards for the Establishment of Tobacco Production Factory” on March 24, 2023.

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 subject to regular follow-up examinations to ensure the quality and hygiene of the alcohol. To help these small certified wineries, the “Development Plan on Certificated Alcohol Industry” was announced on June 30, 2017, 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. Furthermore, the MOF has promulgated the plan for 2023 to 2025 on October 7, 2022, aiming to increase recognition of the “Logo of Certified Alcohol,” improve the international competitiveness of domestic alcohol products, and build up the capability of small-and-medium size producers. The consolidation of government resources to achieve these targets aims to stimulate the growth of our alcohol industry. Some of the certified alcohols that were recommended by the MOF were sent to the 2023 San Francisco World Spirits Competition and were awarded 35 medals, placing these certified alcohols on the map.

Performance:
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.

Issued:National Treasury Administration Release date:2019-05-15 Last updated:2023-09-15 Click times:956