2013 Taiwan Food Scandal: Rethinking the Definition of Adulterated or Counterfeited Food and the Interests Protected by Law Against Food Adulteration
Food adulteration is addition, abstraction, or substitution of any substance in food or other food processing methods that cause consumer’s misconception about its quality, value, or function, which actually deviates negatively from what is reasonably expected in a food transaction. Interpreting the crime against adulteration as such to be a means to protect health interests misunderstands the original purpose of regulating and punishing adulteration. It unnecessarily imposes on the concept of adulteration institutional burdens that other legal measures are supposed to bear. Rather, adulteration is a special type of unfair competition. Market orders should be the only interest that is protected by the crime against adulteration.