BSMI Commodity Inspection: Does Food Machinery Need It?

What Is BSMI?

BSMI is the English abbreviation for the Bureau of Standards, Metrology and Inspection (經濟部標準檢驗局) under Taiwan's Ministry of Economic Affairs. What people call the "BSMI mark" is officially the "Commodity Safety Mark" (商品安全標章), showing that a product has completed the inspection procedures under the Commodity Inspection Act (商品檢驗法). The current text of the Commodity Inspection Act found at the time of writing was last amended on July 11, 2007.

Which Products Must Be Inspected?

Article 3 of the Commodity Inspection Act: only products whose types, items, or export destinations are designated by public notice of the BSMI must be inspected under the Act, including domestically produced, exported, and imported agricultural, industrial, and mineral products. In other words, not every product must be inspected; it depends on whether it has been designated as a "commodity subject to inspection."

Article 6: Commodities subject to inspection that don't meet inspection requirements may not be shipped from the factory, exported, or imported; those determined to be low risk may be shipped first, but must still meet inspection requirements before entering the market. Sellers also may not display or sell commodities subject to inspection that don't meet the requirements.

Article 5: There are four inspection methods: batch-by-batch inspection, monitoring inspection, registration of product certification, and declaration of conformity; which method applies to each product is announced by the BSMI.

Do Machines Need the BSMI Mark?

It depends on whether that machine has been designated for inspection. Many household appliances are commodities subject to inspection; whether commercial or industrial food processing machinery is listed must be checked item by item and can't be generalized, and the same type of machine may have different results depending on its use (household, commercial, industrial) or tariff code. At the time of writing, we found no BSMI notice listing commercial or industrial encrusting machines or dividers as a whole as commodities subject to inspection, but individual models should still be confirmed against the BSMI's search results.

In addition, whether components inside the machine (such as motors, power supplies, plugs, and cords) must separately meet requirements also depends on the inspection scope.

How to Check Whether a Product Is Listed

1. Confirm the tariff classification code: The import/export classification code (CCC Code, whose first 6 digits match the international HS code) is the main basis for the search.
2. Search the BSMI's list of commodities subject to inspection: On bsmi.gov.tw, go to the commodity inspection section and search by code or product name to see whether it's listed, the inspection method, and the inspection standard.
3. Check import regulations: When importing, the Customs Administration's tariff and import regulation fields show inspection codes, which can be cross-checked.
4. Ask: If you can't determine it, ask the BSMI or one of its branches, explaining the use and specifications.

What to Watch for With Imported Machines

• Party obligated to apply for inspection (Article 8): For products made abroad, it's the importer; when someone else is commissioned to import and the product is sold under the name of the domestic client, it's the client. Businesses that assemble products or modify them for sale before they enter the market are also treated as producers.
• Labeling (Article 11): In addition to labeling required by the inspection standards, commodities subject to inspection must be labeled with the product name and the name and address of the party obligated to apply for inspection.
• Exemptions (Article 9): Commercial samples, exhibits, items for R&D testing, and so on may apply for exemption according to the rules.
• Penalties (Article 60): A party obligated to apply for inspection who ships from the factory, exports, imports, or places on the market a commodity subject to inspection that doesn't meet inspection requirements is fined NT$200,000 to NT$2 million; if inspection finds it nonconforming, the fine is NT$250,000 to NT$2.5 million.

BSMI governs the safety of the product itself (especially electrical safety); the TS safety mark and type verification under the OSH Act govern machinery designated by the Ministry of Labor. The two systems are separate; see Does Food Machinery Need Type Verification or the TS Safety Mark? For other considerations when buying machines from abroad, see Safety and Regulations for Imported Machinery.

FAQ

Q: Does all food machinery need the BSMI mark?
A: Not necessarily. Under Article 3 of the Commodity Inspection Act, only products designated for inspection by BSMI notice must be inspected; whether commercial or industrial food machinery is listed must be checked item by item by tariff code.

Q: How do I check whether a machine is listed for inspection?
A: First confirm the tariff classification code, then search the list of commodities subject to inspection on the BSMI website, or ask the BSMI.

Q: What happens if we sell an imported listed product without inspection?
A: Under Article 60 of the Commodity Inspection Act, the party obligated to apply for inspection is fined NT$200,000 to NT$2 million; if inspection finds it nonconforming, NT$250,000 to NT$2.5 million.

Q: Are BSMI and the TS mark the same?
A: No. BSMI is commodity inspection managed by the Ministry of Economic Affairs' Bureau of Standards, Metrology and Inspection under the Commodity Inspection Act; TS is the Ministry of Labor's safety mark for designated machinery under the OSH Act.