預防性下架vs.預警性下架：食品安全衛生管理法中下架處分的運用【本期企劃】 試閱
Preventive Actions vs. Precautionary Actions: Analyzing of Off-shelves Measures in the Act Governing Food Safety and Sanitation
食品安全衛生管理法於2019年修正第4條，明文承認預警原則，其意義不僅是該原則的法律化，更將直接影響該法本已建立之預防性下架措施。本文認為，此次修正將創設預警性下架的下架處分類型，並使下架處分形成三種不同功能類型。本文嘗試梳理各類型不同的制度功能、指導原則、法定要件與程序、規範依據與內涵、法律效力等。本次修法在理論澄清及方向指引上值得肯定，但仍有大量的規範不足，非行政命令或法規解釋所得填補，亟待進一步修法補充。
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.
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