| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === Eating everyday for people is most important things in the world. In highly commercial world, people most likely eating outside then cooking at home. Even house-wife cooking at home, they need guaranty the make sure the food is not harm for their body.
When I was young, I major chemistry in the university, and food chemistry is one of course. Througn the professional chemistry training, I know the process of food refining. In addition, in recent years, businessmen want to ern more money, regardless of the safety of consumers, using inferior raw materials and recycled materials to produce foods harmful to the human body. Oil's study of the law, coupled with its own chemical background, has provided a different perspective on food safety laws.
In this paper, a brief description of research motivation, purpose and method. In addition, it refers to Taiwan's food hygiene and safety management law and Taiwan's criminal law in response to the provisions of the major food safety incidents and food safety and health management laws.
Next, a comprehensive discussion of the Parker's Law in the US Code of Federal Regulations on Food and Drug Administration, including the case of Parker's Law and the reason for the penalties in the late twentieth century, is supported by relevant laws. Until recently, the US Congress passed a major revision of the Food and Drug Administration Law, and the manufacturers that endangered the personal safety of the American people were deterred by a series of procedures, including persuasion, warning, civil litigation, and finally criminal proceedings. Food safety is one step ahead of the thunder pool. These are all relevant narratives in this paper.
In addition, it is also discussed whether legal persons should be criminally responsible. Because food safety is highly professional, the circulation of information in the industry is quite closed. Here, the burden of proof on criminal liability is also discussed. Finally, from the chemical point of view, there are blind spots in the oil refining process. These blind spots are easily overlooked in the eyes of the legal profession. The most important thing is that there is only one person's body, and can't stand the chronic damage of the body caused by eating unqualified food. This is the key point of this article to remind you.
Food safety can be considered in the US FDA's practice, with administrative controls: inclusion in inspection lists, warning letters, recycling, prohibition measures, settlement agreements, and withdrawal of product licenses. Remind the industry.
Further, it can be implemented through civil judicial procedures, such as confiscation and injunctions (false disposal). Confiscation under US law is a kind of judicial procedure that can quickly remove illegal products from the market. It is a means of control that the FDA often takes.
If there is harm to the health of the masses, criminal sanctions are the last resort of FDA's control behavior. At the normative level, criminal offences are identified as “strict liability”. The legislative reasons are explained because the public will be exposed to public health and cannot respond. There are dangers, so there is a high degree of regulatory demand. Whether the food safety incident is based on intentionality or negligence, the results may cause irreparable damage to public health. Under strict liability standards, penalties are imposed regardless of intentional or negligent law. Under this circumstance, the possibility of voluntary compliance with FDCA regulations by food manufacturers is raised, and on the other hand, FDA does not easily adopt criminal sanctions because of the increased possibility of food manufacturing-related manufacturers complying with FDCA regulations.
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