| Summary: | 碩士 === 國立交通大學 === 科技法律研究所 === 101 === The Codex Alimentarius Commission (CAC) aims at protecting the health of the consumers and ensuring fair practices in the food trade. CAC standard has great influence in the world. Since World Trade Organization has required Member’s sanitary and phytosanitary measures to base on CAC standards, under this condition, CAC is now the international authority of the food safety standards. Not only countries deem CAC important, but turn CAC into a place for competing politic, economic and scientific competence, and international food trade. Taiwan is not the member of CAC, therefore cannot participate the standard-setting procedure in CAC and with little understanding of CAC. The purposes of this thesis are to understand and analyze the CAC standard-setting procedure and its problems, and to provide suggestions for CAC. The study methods include the following three types. (1) Studying the official and relevant documents to understand the structure, principles and procedure of CAC standard-setting. (2) Case study on the standard-setting procedure of maximum residue limits for Ractopamine, which is the most controversial standard adopted without consensus in the recent years, and the pros and cons of CAC members, and meetings discussing Ractopamine draft standard. (3) Qualitative research by interviewing experts with experiences in WTO, who possess valuable information of maximum residue limits for Ractopamine. According to the aforementioned study methods, this thesis provides the findings that the standard of maximum residue limits of Ractopamine without conforming to the standard-setting principles and proposes the suggestions for CAC to get improvement. This thesis will assist CAC to improve the standard-setting procedure, and help Taiwan government to decide whether adopt standards of CAC and to understand the advantages and disadvantages of the CAC.
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