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Food business employers shall provide employees an annual health examination

Recently a local food business was fined NT$60,000 by the Department of Health, Taipei City Government ("DOH") because the company did not fulfill its obligation required by law to provide its employees an annual health examination. Although the food company filed an administrative appeal to Taipei City Government, its appeal was dismissed for the DOH's imposition of penalty was found lawful but the company's argument groundless.

According to article 5 of Regulations on Good Hygiene Practice for Food, food practitioners, equipment and utensils, cleaning and disinfection, waste treatment, edible deep-fry oil, and sanitation managers of food businesses shall meet the requirements of the Good Hygiene Management Guidelines. One of the guidelines requires that new food practitioners shall complete a health examination at a medical institution before they can be hired and the employer shall provide at least one health examination a year.

The Department of Legal Affairs, Taipei City Government indicates that, pursuant to paragraph 1 of article 8 and subsection 1 of paragraph 1 of article 44 of Act Governing Food Safety and Sanitation, violation of the rules above, and failing to correct the violation within the time limit prescribed may incur a fine between NT$60,000 and NT$200,000,000. In severe circumstances, the enterprise may be ordered to terminate business, suspend business for a certain period of time, revoke all or part of the items listed in the company registration, business registration or factory registration, or registration of the food businesses.