After the public hearing under paragraph one has already been held, the Bureau shall submit the results thereof to the Committee for further consideration and recommendation to the Minister for issuing of the Ministerial Regulation.
The Ministerial Regulation under paragraph two shall come into force not less than ninety days onwards as from the date of its publication in the Royal Gazette.
Section 19. In case of urgent necessity for the sake of public welfare, national security, or economic benefit, the Committee may propose to the Minister to issue the Ministerial Regulation for specifying any agricultural commodity to be subject to mandatory standards without abiding by the provision under section 18.
Chapter III
Producers, Exporters or Importers of Agricultural Commodity under Mandatory Standards
Section 20. In case where there is the Ministerial Regulation on the determination of mandatory standards for any agricultural commodity, no person shall be a producer, exporter or importer of such agricultural commodity, unless he is licensed by the Bureau to be the producer, exporter or importer for such agricultural commodity wherever the case may be.
The application for and issuance of license thereof shall be in accordance with the rules, procedures and conditions as prescribed by the Ministerial Regulation.
The Ministerial Regulation under paragraph two may be stipulated that certain size or characteristic of the producer’s business shall be exempted from the license requirement under paragraph one.
Section 21. The producer, exporter or importer who applies for license shall have the qualifications and shall not be under any prohibited conditions as follows:
(1) being not less than twenty years of age;
(2) not being a bankrupt;
(3) not being an incompetent or quasi-incompetent person;
(4) not being a person whose license is being suspended;
(5) not being a person whose license has been revoked, or otherwise it shall not be less than two years.
In the case where the applicant is a juristic person, a representative, a managing director, or other person acting for that juristic person shall have the qualifications and shall not be under any prohibited conditions under paragraph one, and shall have never been a juristic representative, managing director, or any other person acting on behalf of the juristic person whose license was revoked under (5).
Section 22. The license shall apply solely to the producer, exporter or importer whose name is specified therein and shall be expired after three years as from the date of its issuing.
The application for renewal and permission thereof shall be in accordance with the rules, procedures and conditions as prescribed by the Committee in the Notification.
Section 23. The licensee whoever to be the producer, exporter or importer shall display the license at the conspicuous place and easily visible location in their business premises as specified therein.
Section 24. In the case where the license is lost or substantially damaged, the producer, exporter or importer, wherever the case may be, shall apply for a substitute license to the Bureau within thirty days as from the date of acknowledgement thereof.
The application for and the issuance of the substitute license shall be in accordance with the rules, procedures and conditions as prescribed by the Committee in the Notification.
Section 25. The relocation of business premises of the producer, exporter or importer as specified in the license shall be permitted by the Bureau.
The application for and the permission thereof shall be in accordance with the rules, procedures and conditions as prescribed by the Committee in the Notification.
Section 26. The licensee whoever to be the producer, exporter or importer intending to wind up his business shall notify the Bureau in writing prior to the close-down not less than sixty days, and the license shall be returned to the Bureau within thirty days as from the date of such close-down.
Chapter IV
Inspection and Certification of Standards
Section 27. In case where the Ministerial Regulation on the determination of mandatory standards for any agricultural commodity is in place, a producer, exporter, or importer of such agricultural commodity, wherever the case may be, shall apply for inspection, and the certificate shall be granted by the conformity assessment service provider.
The inspection and certification, and its service charges under paragraph one shall be in accordance with the rules, procedures and conditions as prescribed by the Ministerial Regulation.
Section 28. The conformity assessment service provider shall officially report its inspection in writing to the applicant. In case where the inspected agricultural commodity complies with the mandatory standards, the conformity assessment service provider shall issue the certificate for such agricultural commodity according to the rules, procedures and conditions as prescribed by the Committee in the Notification.
Section 29. The Minister with the recommendations of the Committee may notify that the importation of agricultural commodity from foreign country having standards equivalent to the mandatory standards shall not be required the certificate under section 27, if there is the evidence that such agricultural commodity is inspected and certified by the country having agreement or international cooperation on mutual recognition of standard inspection and certification.
The provision of evidences of inspection and certification and the display of standard certification mark upon the agricultural commodity imported under paragraph one shall be in accordance with the rules, procedures and conditions as prescribed by the Committee in the Notification.
Section 30. In case where the agricultural commodity is imported from the country having standard different from mandatory standards, an importer may apply for standard inspection and certification in accordance with the mandatory standards from the conformity assessment service provider of the foreign country having an agreement or international cooperation on mutual recognition of standard inspection and certification provided that the conformity assessment service provider of that country shall be approved by the Bureau in accordance with the rules, procedures and conditions as prescribed by the Committee.
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