Discussion on the Relationship between the Framework and Legal Relationship of the Food Certification and Verification System in Taiwan

• Main Authors: Jun-Yan Cho, 卓均彥
• Other Authors: Jian-Liang Li
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/vb754k

碩士 === 國立臺灣大學 === 法律學研究所 === 106 === Frequent storms in food safety are increasing, people gradually lose confidence in the existing food safety control system, it is imperative for the system to review its fault and repair it. So the food three quality control system naturally comes to its birth. Its first-class control system is for the industry itself to self-test their own food productions, while the second-class control system is a third-party monitoring mechanism delivering food authentication and verification, and the third-class control system is conducted by the government for random checking of the food on the market. It is intended to entangle a food safety protection system with no loopholes. The focus of this article is on the above-mentioned second-class control system. Compared with the third-level control system which is only functional when the problem occurs, and the first-level control system which is fully relied on the industry for its own self-regulation, the second-level control system is no doubt the most effect means. But first, we must be clear of the correct use of the nouns of food certification and verification, although people often vague them and take them as a whole, but in fact verification and certification is never the same, the terms must be clearly identified. In addition, the current certification and verification system for the law in our country is not exactly the same as the“ third-party certification and verification” of the food three quality control system. In addition, the certification and verification systems of Articles 8 and 37 of the Act Governing Food Safety and Sanitation are not the same. In the certification and verification of Article 8 of the Act Governing Food Safety and Sanitation, the industry has no right to refuse to participate, is a mandatory standard, furthermore the administrative agencies in our country have considerable intervention and intervening power. It is quite different from the traditional commercial certification verification. From the angle of administrative law, if the system above wants to be well performed, and we must define every relating noun clearly. We believe that because of the deep intervention from the government, no matter which of the three mentioned certifications above, it is either the act of government under Article 92 of the Administrative Procedure Act or it is commissioned to exercise public power under Article 16 of the same law. As for the verification part, the verification of Article 8 of Act Governing Food Safety and Sanitation is entrusted to be the exercise of public power because the public power is still involved in the space. And for the Article 37 of Act Governing Food Safety and Sanitation, the third-party verification agency currently sought by the government stipulates its qualification requirements in its contract with the government under the Government Procurement Act, and the relation between food industry and the third-party verification agency should be an administrative contract. Finally, as for the traditional commercial certification part, because it is not public power related, is a purely private economic behavior and should be less controversial. In addition, due to when food safety issues happen, local government often faces immediate public blame. Therefore, in order to avoid culpability, they are eager to set up their own food certification and verification agencies, and try to ask local companies for money support. However, by the existing legal system , local governments can only rely on the third-class control system to make control. The gap between the concept of local government had thought and the actual legal system situation can be very large. Thus, the role of central government plays in food safety with the local government on food safety is also worthy of our attention. Finally, comparing to European Union law, we know that our food certification and verification system mostly relies on the detailed regulations on the implementation of administrative orders and administrative rules of the executive authorities. At the legal level, Act Governing Food Safety and Sanitation supports the overall situation. The state is in contrast with the EU''s complete legal norms, and the EU''s legal system clearly stipulates relevant noun specifications, which is also worthy of emulation of us.