The Ministry of Health and Welfare announced the Foodstuff Operators Required to Establish Tracing and Tracking Systems for Foodstuffs and Relevant Products by way of Bu-Shou-Shi-1031302873 of October 27, 2014 (hereinafter, the "Circular").

The Circular was issued to announce the following matters in accordance with Article 9, Paragraph 1 and Article 21, Paragraph 3 of the Law Governing Food Safety and Sanitation.

I. The following foodstuff operators are required to set up tracing and tracking systems for foodstuffs and relevant products:

  1. Operators who manufacture, process, prepare and import edible oils
  2. Operators who manufacture, process, prepare and import processed meat products
  3. Operators who manufacture, process, prepare and import processed dairy products
  4. Operators who manufacture, process, prepare and import aquatic food products
  5. Operators who manufacture, process and prepare lunch boxes
  6. Operators who manufacture, process, prepare and import food additives
  7. Importers of raw materials for genetically modified foodstuffs
  8. Operators who manufacture, process, prepare and import foodstuffs that shall be labeled as "genetically modified " or "containing genetically modified "
  9. Operators who manufacture, process, prepare and import foodstuffs labeled as "non-genetically modified " or "not genetically modified "

II. The size of the foodstuff operators in Paragraph 1 and the effective date are provided as follows:

  1. For operators who engage in the manufacture, processing and preparation in Subparagraph 1 with factory registration, the effective date shall be October 31, 2014.
  2. For importers set forth in Subparagraph 1 with commercial, company or factory registration, the effective date shall be October 31, 2014
  3. For operators who engage in the manufacture, processing and preparation set forth in Subparagraphs 2 through 5 with factory registration, the effective date shall be February 5, 2015.
  4. For operators who engage in the manufacture, processing, preparation and importation in Subparagraph 6 and who engage in the importation under Subparagraphs 2 through 4 and Subparagraph 7 with commercial, company or factory registration, the effective date shall be February 5, 2015.
  5. For operators who engage in the manufacture, processing, preparation and importation under Subparagraphs 8 through 9 with factory registration, the effective date shall be February 5, 2015; and for those with commercial or company registration, the effective date shall be February 5, 2016.

III. With respect to records maintained pursuant to the Regulations Governing the Tracing and Tracking Systems for Foodstuffs and Relevant Products by an operator which manufactures, processes, prepares and imports edible oils with a scale of operation above a certain threshold, the "supplier information" shall be uploaded to the Foodstuff Tracing and Tracking Management Information System (Mandatory Tracking) (http://ftracebook.fda.go v.tw) within three working days after raw materials, semi-finished goods or finished goods are purchased, and complete information shall be uploaded within three working days after product shipment dates:

  1. for operators who manufacture, process and prepare edible oils with a capital in excess of NT$30 million, the effective date shall be October 31, 2014; and
  2. for importers of edible oils, the effective date shall be October 31, 2014.

IV. Operators who manufacture, process, prepare and import edible oils and meet the requirements under Paragraph III are required to use electronic invoices if they are required to used uniform invoices under the Value-added and Non Value-added Business Tax Law, beginning with December 31, 2014.