Food Safety Law and Criminal Prosecution－ A Theoretical and Practical Analysis Through the U.S. Experiences
The Taiwanese Act Governing Food Safety and Sanitation was amended several times since 2014. However, issues regarding whether these amendments brought the Taiwanese food safety system a better legislative scheme are still controversial. Within these unsolved issues, what role the criminal deterrence would play under the Taiwanese food-safety law system became the main one while many Taiwanese scholars applied the U.S. experiences but reached both pro and con results. In order to clarify the reality under the U.S. food-safety law system and introduce its dilemma between the choices of administrative compliance-based and the choices of criminal-deterrence-based policy, this article will briefly introduce the origins and developments of the U.S. food safety law and further explore and analyze its practical results after two main laws─the Federal Food, Drag, and Cosmetic Act and the Food Safty Modernization Act─were enacted into its food safety system.