論歐盟之輸入食品安全法規

Laws and Regulations on Imported Food Safety in the European Union

范代志(T. C. FAN)

《致理學報》 34期:人文與生活應用特刊 (2014/07) Pp. 1199-1223

摘要

本論文研究之目的，在瞭解歐盟對自境外輸入食品之管理制度，及如何改善相關措施，以達到其維護食品安全及全民健康之目的。本文首先將簡介歐盟食品及食品安全之法令與背景，本文其次討論歐盟對輸入食品之特別管理及檢測機制，含食品衛生法之特別規定，本文另研究歐盟是否針對不同地區輸入食品採取不同之查驗方法與準則，即區域化管理之重要議題如邊境管制查驗等，以為我國參考之借鏡。本文研究方法為質化法規研究，蒐集歐盟輸入食品相關書籍論文與政府網路資料加以比較研析，另以相關撰述作為補充，並與時事相結合，希望在此領域著述尚不豐富的情況下，達到拋磚引玉之效果。

關鍵字

輸入食品 ； 食品安全 ； 食品法規 ； 邊境管制

並列摘要

Foodborne diseases like bovine spongiform encephalopathy, highly pathogenic avian influenza, and Escherichia coli have seriously threatened people's health in today's global village. The keys to enhancing international cooperation against said diseases are harmonization of national systems and traceability of imported foods. Whenever a government takes an action to promote honesty and fair dealing in the interest of consumers, it shall first promulgate regulations fixing and establishing for any food a reasonable definition and standard of identity, as well as a reasonable standard of quality. Food laws and regulations, however, has been an area long neglected by legal scholars in Asia. The purpose of the paper is to study food import laws and regulations of the European Union so as to provide recommendations to Taiwan and other Asian countries, as imported food safety has become a major issue related to national health and security. This paper will focus on EU laws and regulations in terms of import procedure, border inspection, import alert, detention, country-by-country equivalence, risk-based management, and the others. Cooperation and interaction between various agencies in the union will also be examined. Research under this paper indicates that the European Union spares no effort on international and interagency coordination as the volume and variety of foods imported into and exported from the union and its members has increased dramatically in recent years, where the rules of international trade continue to change as they adjust to the world's economy. The food agencies have developed new strategies and assumed more responsibilities related to global food safety. They also have in place multiple agreements with other government agencies to ensure clarity of jurisdiction and responsibilities. The union further pays attention to harmonization of laws, regulations, and standards between and among trading partners outside and within the union. Research under this paper further indicates that Taiwan shares the same problems with the European Union: tight food security budgets, shortage of human resources, overflow of cases, unnecessary layers of authority, differences in food cultures, etc. Food regulation agencies of those countries are desperately in need of supports and solutions. The paper proposes that Taiwan may improve its work on the following aspects: (1) enhance regional harmonization, study import laws, increase regional cooperation, establish information exchange platforms; (2) offer incentives for cooperation of food suppliers, focus on both prevention and inspection; (3) encourage people's participation in monitoring, retain private inspectors, develop traceability technology, offer food security education; (4) implement strict implementation of law, increase liability of wrongdoers, expedite investigation, impose prompt and just punishment; (5) give due consideration to and make due allowance for the differing characteristics of varieties of food items while promoting honesty and fair dealing in the interest of consumers. The ultimate goal is to achieve supply chain security of food and prevent foodborne diseases, so as to create a safe consumer environment.

並列關鍵字

Imported Food ； Food Safety ； Food Law ； Border Control