- 期刊
食品消費權益事件中預防措施之妥適性－以銅葉綠素事件為例
Appropriateness of Preventive Measures in Relation to Food Consumption Rights Take Copper Chlorophyll as an Example
摘要
銅葉綠素屬我國「食品添加物使用範圍及限量暨規格標準」之第9類「著色劑」，除口香糖、泡泡糖、膠囊狀以及錠狀食品外，現行法規於其他食品不得添加使用。然而，由於以往無針對食用油中違法添加同葉綠素之檢驗方法，因而有論者評為風險控管之缺口。本次事件我國於開發檢驗方法時，於尚無法取得銅葉綠素標準品情形下，以稽查所得證據來進行比對，進而開發利用液相層析高解析度串聯質譜儀(LC/HRMS^2)來確認油品中銅葉綠素之檢驗方法。本次事件為食品安全衛生管理法102年6月增訂預防措施條款以來所首見之國內食品安全疑慮事件，並引發若干爭議，包括食品消費權益保障之合理輸入管理措施與貿易限制形成之爭議。鑑於國際貿易日漸熱絡，未來避免類似的爭端發生或建立面對類似爭端之食品消費權益保障法律基礎，實有必要分析我國食品消費權益保障法制相關規定，並對比歐盟與世界貿易組織與國際間之相關規範，分析此類措施之妥適性要件，以為我國日後類似案件之執行提出適切之建言與應行注意之事項。
並列摘要
Copper chlorophyll belongs to the ＂Colors＂ category stipulated in Category Nine of the ＂Standards for Specification, Scope, Application and Limitation of Food Additives＂ in Taiwan, which shall not be added into foods other than chewing gums, bubble gums and foods in capsule or tablet form pursuant to the current regulation. However, there was no specific testing method for the identification of illegal addition of copper chlorophyll into cooking oil; thus, some critics believe it may lead to a gap in risk control. While developing the testing method in this case, since there was a shortage of the standard of copper chlorophyll, a comparison of the evidence resulting from inspection was proceeded, which further developed a liquid chromatography-tandem mass spectrometry method: LC/HRMS^2 to confirm copper chlorophyll in oil. This was the first food safety incident happened in Taiwan which has raised controversies including the reasonable control measures of import for the protection of food consumption rights, and disputes of trade restriction since the updates on the provisions of precaution of the Act Governing Food Safety and Sanitation in June, 2013. Due to the growth of international trade, in order to prevent similar situation in the future and to establish the legal basis of protection of food consumption rights for similar controversies thereof, a careful analysis for the relevant legal provisions in relation to the protection of food consumption rights in Taiwan was reported necessary. In specifics, a comparison of the relevant provisions of the European Union, World Trade Organization and the other international rules, as well as analysis for the elements for the appropriateness of such measures were discussed. Proposed appropriate suggestions and reminders for similar cases in Taiwan in the future were provided.