| 摘要: | 近年來重大食品安全事件層出不窮，人們對於食品之安全性充滿懷疑與不安，從1979年米糠油事件、2008年毒奶粉事件、2011年塑化劑事件、乃至近期大統長基食用油事件等，不僅傷害國人身體健康，更重創我國美食王國之國際形象。
食安事件之一再發生，促使我國「食品安全衛生管理法」進行多次修正，其中政府再再加重刑責，亦成立常態性跨部會「食品安全會報」，更陸續完成強制登錄制度、建立食品追蹤與追溯系統等重大改革措施，期望能有效遏止黑心食安事件再次發生，以宣示食品安全之重要性，然而，成效似乎不佳，故現行我國食品安全相關機制，實有重新檢討之必要。
於本文建構下，首先闡述健康權及食品安全之相關概念，瞭解食品安全之意義、食品形成過程及食品安全之特色等，接以探尋食品安全與法律規範之關係。此外，簡單介紹歐盟、美國、日本、大陸及我國之食品安全管理機制，藉由比較之方式，觀察他國制度之優點，做為我國食品安全法制之參考。
另外，本文以塑化劑事件、毒奶粉事件及大統長基食用油事件為例，瞭解我國食品安全相關機關如何因應處理食品安全事件，法院又如何認事用法，進而找出現行食品安全法規範之缺漏，做為將來修法方向之參考基礎。
最後，試圖說明我國食品安全法制之困境，並提出具體建議，以期作為我國食品安全法制之參考。
In recent years, significant food safety incidents emerge one after another. People feel suspicious and insecure for food safety. From the 1979 Yu-cheng disease in Taiwan, the 2008 milk scandal (the contaminated milk incident), the 2011 Taiwan food scandal (the plasticizer incident) to the recent happened Taiwan oil scandal (the contaminated cooking oil incident), these incidents not only have harmed the health and body of our people, but also deal serious damage to the our country’s international image as the kingdom of food.
The constantly occurred food safety incidents result in multiple revisions of “Act Governing Food Safety and Sanitation”. The government has aggravated the punishment, established normal inter-departmental “Food Safety Report”, and successively conducted crucial reforms, such as compulsive registration system and food tracking and tracing system. They are expected to prevent incidents of food contamination from happening again, yet it seems that they don’t work well. Thus, the current relevant mechanism of food safety has the necessity for reviewing.
For the structure of this article, the relevant concept of the right to health and food safety will be described, and the meaning of food safety, the forming procedure of food, and characteristics of food safety will be understood first. Then, it will discuss the relation between food safety and the laws. In addition, it will briefly introduce the management mechanism of food safety of the EU, the U.S., Japan, Mainland China, and our country. With the comparison of these regions and observation for the advantages of other countries, such can become the reference for the regulation of food safety of our country.
In addition, this article will take the 2011 Taiwan food scandal, the 2008 China milk scandal, and the 2013 Taiwan food scandal (contaminated cooking oil of Chang Chi Foodstaff Factory) as the examples, allowing us understand how the relevant food safety agencies deal with the food safety incidents and how the court acknowledge the incident to find out the loophole of current food safety regulations. Such will become the basis of the reference for revisions of laws in the future.
Finally, the article will attempt to explain the difficulties of the food safety regulations in our country, and propose concrete suggestions in the expectations of becoming the reference for food safety regulations of our country. |
