Food Safety Regulatory under Risk Governance

[[abstract]]從2008到2014年間，我國食品安全法經歷多次修正，惟食品安全問題仍持續上演，如2013年摻假油品及2014餿水油事件。發生於台灣的食安風暴並非全球首例，國外亦有同樣之食品安全問題。而食品安全問題和環境問題相似，都是現代風險社會中一環，因此國家有進行風險治理之必要性。本篇論文為研析風險治理落實於我國食品安全法制之重要性，嘗試以各國及台灣相似食品安全事件及化合物造成之，說明風險社會與國家風險治理之密切性。鑒於食品安全問題並不只存於法制度層面，應釐清食品安全、食品衛生的不同，朝向建立以風險評估、風險管理、風險溝通為基礎之風險治理制度。最後本篇論文試圖以法律面向為中心展開跨科際反思，找出台灣現今食品安全問題的根源，以及為何當前透過修法無法真正解決食安問題之原因，透過針對國外食品安全法制與我國現行食品安全衛生管理法之比較分析，探討以風險治理作為重新架構我國食品安全法制之可行性與必要性。[[abstract]]From 2008 to 2014 the Food Safety Law of the Republic of China (Taiwan) has been amended for several times; a serial incidents regarding food safety however still keep appearing upon newspapers such as the incident of olive oil adulteration in 2013 as well as the waste oil scandal in 2014 Food safety issue is not only happened in Taiwan but occurred around the world Since food safety issue is a part of the modern risk society like environmental issue it is essential for a nation to implement risk governance The study is to verify and analyze the importance of the practice of risk governance on Taiwan's food safety regulatory systems and to illustrate the solid connection between risk society and national risk governance with resembling cases on food safety as well as their compound The issue of food safety is only existed in regulatory systems; it is thus necessary distinguishing between food safety and food sanitation and establishing a fundamental risk governance system through risk assessment risk management and risk communication Finally the study intends to extend transdisciplinary reflection with legal-based orientation on the source of the current food safety issues in Taiwan and the reason of failed solution on food safety made by amending the relevant regulation By analyzing and comparing the current Act Governing Food Safety and Sanitation in Taiwan with foreign food safety regulations the study is also to discuss the possibility and necessity for rebuilding the food safety regulatory system in Taiwa