萬國法律事務所

With the increasing popularity of online auctions, many uninspected items are being sold on the Internet. Taiwan’s Bureau of Standards, Meteorology & Inspections of the Ministry of Economic Affairs has decided to amend the Commodity Inspections Act to deal with this new problem.

The draft amendment aims to make auction websites responsible for acting as “gatekeepers” to ensure that all items posted have been stamped as inspected. The auction websites will be required to request each seller to provide documentation demonstrating that the particular item offered by the seller has been properly inspected before placing the same for auction. Failure to request such documents will result in the imposition of fines on the auction website.

Moreover, if a business in the supply chain is found to be shipping stationery, seniors’ and or children’s products, which contain heavy metals or excessive amounts of plasticizers, the business will be fined an amount exceeding NTD 50,000. The same applies to people who import these types of goods. In both cases, the individual or the business must provide either inspection reports or a relevant manufacturer’s certificate.

The initial public reaction to this draft amendment is that the government is being unduly strict. Some critics have even stated that it is unreasonable to require individuals to spend time and money to inspect one or two items that will be listed on an internet auction website. However, an attorney for the Consumer’s Foundation counters that the amendment will provide additional assurance to consumers.