稻米分段管制之可行性分析——糧食管理法與食品安全衛生管理法之交錯【月旦時論】 試閱
Feasibility Analysis of Segment Control to Rice: The Intersection of Food Administration Act and Act Governing Food Safety and Sanitation
臺灣重要主食作物之稻米，既屬糧食管理法之糧食，又屬食品安全衛生管理法之食品。目前，行政院農業委員會與衛生福利部對稻米之行政管制，似乎存在若干模糊之處，尤其實務上曾發生碾米業者拒絕地方衛生單位進入檢查之情形。此外，有關稻米與食米之分段管制，究應如何決定管制斷點；業者違反標示規定，應優先適用何種法規，皆有待加以釐清。
Rice, an important staple crop in Taiwan, is not only the meaning of the “food” under the Food Administration Act, but also the same as the “food” under the Act Governing Food Safety and Sanitation. At present, there seem to be some ambiguities in the administrative control of rice by the Council of Agriculture and the Ministry of Health and Welfare. In particular, there have been cases in practice that rice millers refused local health units to enter for inspection. In addition, it remains to be clarified about how to determine the control breakpoint for the segment control of rice and edible rice, and about what kind of laws and regulations should be applied in priority when the food industry violates the regulations of labeling.
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