Since many Taiwanese have begun supplementing their income by making handmade soap or traditional medicine and selling the products online, the Department of Health (DOH) said at the weekend that some of those products are not suitable for sale online and could pose health hazards.
One recent case involved a university student reselling Chinese medicine on an online auction site. The student was fined NT$30,000 (US$1,032) for selling medicines without a licence. The department said some products are not suitable for online sale and that the public should be careful when they do so to avoid breaking laws.
Selling online has distinct advantages, including a wide — and potentially international — customer base and no overheads. Many sell unwanted gifts or items they bought on online auction sites, and housewives and students have found a market online for items they make at home.
However, regulations exist on what can be sold online.
Statistics provided by the Yunlin County Public Health Bureau showed there had been an increase in the number of people fined for selling cosmetic products and medicines online in violation of such regulations over the past year or so.
According to the Statute for Control of Cosmetic Hygiene (化粧品衛生管理條例), soap is classified as a cosmetic product and it is illegal to advertise such products in any broadcast media without a proper licence. Furthermore, including a photo of the product in question is considered advertising. Anyone found to have engaged in such activity can be fined up to NT$50,000. People attempting to sell cosmetics online can also be fined up to NT$10,000 for violating the statute.
Under the Pharmaceutical Affairs Act (藥事法), individuals selling pharmaceutical products or traditional medicine bought from abroad can be fined NT$30,000. The Pharmaceutical Affairs Act carries a maximum penalty of a custodial sentence or a fine of up to NT$5 million.
If people make too much -handmade soap and want to sell some, they should write something like “two bars of handmade soap for sale for NT$xx each.”
In theory, people doing so would not be fined. However, if they try to market it with phrases such as “suitable for acne or sensitive or dry skin types,” or any such text that includes details of the nature of the product, they must apply for a licence first.
Wu Cheng-ning (吳正寧) of the Food and Drug Administration said a licence was also required to sell items such as bandages, thermometers, condoms, ear plugs, pregnancy tests, eye-glasses and instruments for measuring blood pressure.
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