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, amended or deregulated laws and regulations about 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 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.
(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. 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.
(4) To benefit 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 complies with the rules may be deemed as an alcohol drink seller and need not to obtain the producer’s license.
(5) To adapt to the current situations and meet the practical need of industry the MOF announced an interpretive rule regarding that if teaching activities hold by a business may exempt from the punishment of producing illegal alcohol pursuant to Paragraph 1 of Article 45 of "The Tobacco and Alcohol Administration Act" no matter if the course needs extra fees. The requirements includes every student produces less than 5 liters of alcohol product and brings them back immediately after course, as well as no illegal alcohol can be used. Besides, the material for the course must meet the hygiene standard of food or alcohol product.
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.
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.