A study on the Punishment for food adulteration or counterfeiting -focusing on food processing
碩士 === 國立中興大學 === 法律學系碩士在職專班 === 105 === The overarching aim of this study is to discuss adulteration or counterfeiting topic listed in subparagraph 7, paragraph 1 of article 15 of the Act Governing Food Safety and Sanitation, with specific focus on preventive controls and administrative management...
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| Format: | Others |
| Language: | zh-TW |
| Published: |
2017
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| Online Access: | http://ndltd.ncl.edu.tw/handle/x8d566 |
| Summary: | 碩士 === 國立中興大學 === 法律學系碩士在職專班 === 105 === The overarching aim of this study is to discuss adulteration or counterfeiting topic listed in subparagraph 7, paragraph 1 of article 15 of the Act Governing Food Safety and Sanitation, with specific focus on preventive controls and administrative management to potential adulteration or counterfeiting occurred during food processing.
Food adulteration have come under the spotlight recently. One major problem in food adulteration or counterfeiting is that the legislative body defines the adulteration incident as offender of abstract danger and therefore no supplementary specifications on food adulteration or counterfeiting policy have been described by the administrative authority.
When involving in coopetition of the administrative sanction and the criminal penalty, the principle is to take the criminal procedure as priority. Whether a judgement in violation of the adulteration or counterfeiting should be liable to “the detriment of human health or may be sufficient to harmful to human health” or “breach of consumer trust” is an issue within the scope of this thesis.
To prevent food adulteration or counterfeiting and further strengthen current legislations, three recommendation elements of crimes or subsidiary fact are proposed by the study. to impose the the detriment of human health or may be sufficient to harmful to human health as a constituent element. to introduce additional provisions on Economically Motivated Adulteration or counterfeiting. to provide examples of food adulteration or counterfeiting; and to recommend the establishment of Risk Management professionals with technical background and experience in food industry.
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