A Comparative Study of Legal Systems in Food Management between the EU and Taiwan.

• Main Authors: Tai-hsin Yang, 楊岱欣
• Other Authors: Tung-jui Chang
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/78400441019439360245

碩士 === 國立中央大學 === 法律與政府研究所 === 102 === Food is the basic element that human depends on for survival. Food safety not only concerns the safety of human health and lives, it also affects social and national stability and development. With the globalization of economy and improvements of the food industry, international food trade is rapidly developing. However, these developments also bring more risk to people in terms of food safety. Hence, governments around the world are placing significant importance on relevant risk management measures for food trade and food safety. In recent years, problems associated with food safety emerged. From mad cow disease to melamine milk scandal, food safety management has caused a great deal of concern by the government and the community. Therefore, the establishment of food safety management system and the implementation of food safety management have become the majority, and inevitable issues that the world is facing. The American National Research Council (NRC) first recommended a set of risk analysis infrastructure in 1983. The risk analysis system involved three steps, namely “risk assessment”, “risk management” and “risk communication”. These steps were eventually adapted by the EU, and can be seen as an international standard for food safety management systems. The EU has adopted risk analysis systems as a means of managing food safety, and adopted a stricter “precautionary principle” as the guidelines. The Taiwanese food regulations, including methods, standards, and examination procedures of food examination, management of raw material sources, regulation on food sanitary facilities, storage, marking, transportation, displaying of food, and the risk management system of food, should be revised, to fit the goal of food safety. And if the Taiwanese legal system wishes to take a higher standard on some items, scientific proofs should be provided to ensure health of citizens are protected. In view of the EU's legal systems of food safety management, our legal management system of food hygiene and safety need to identify the shortcomings of the related regulation in the country, in order to propose more adjustments to our act governing food safety.