Preventive Actions vs. Precautionary Actions: Analyzing of Off-shelves Measures in the Act Governing Food Safety and Sanitation
2019 amendment to Articles 4 of the Act Governing Food Safety and Sanitation literally legalizes the precautionary principle in the relevant field. This article argues that either intentionally or inadvertently this amendment has impacted existing off-shelves measures and in effect formulated a three-pronged regulatory system with three sorts of off-shelves measures in its toolkit. That is, the newly amended legislation not only brings in precautionary off-shelves measure but also brings about a novel system of off-shelves measures as such. This article contributes to systemize and rationalize this amendment by means of distributing appropriate attributes to different forms of off-shelves measures. It is expected to effect reconciliation in the legal system and carve out theoretical space for further researches. However, it is still suggested that the legislator had better take further actions to make more comprehensive arrangements for the thorough integrity of the law.