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<li class="list-item"><a href="https://2015.igem.org/Team:HSNU-TAIPEI/Description">Overview</a></li>
 
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<li class="list-item"><a href="https://2015.igem.org/Team:HSNU-TAIPEI/projectBP">Benzo[A]Pyrene</a></li>
 
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<li class="list-item"><a href="https://2015.igem.org/Team:HSNU-TAIPEI/projectlead">Lead</a></li>
 
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<li class="list-item"><a href="https://2015.igem.org/Team:HSNU-TAIPEI/projectafla">Aflatoxin</a></li>
 
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<p><a href="http://www.hs.ntnu.edu.tw">HSNU | Taipei</a></p>
 
<p><a href="http://www.hs.ntnu.edu.tw">HSNU | Taipei</a></p>
 
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Latest revision as of 07:56, 26 November 2015

Lawyer

The motivation for the interviews

Society is composed of government and civil society therefore social events are not only the government's responsibility but also the people should work together with government to solve the social problems..

Unfortunately, in Taiwan there had been some foods scandals happened in recent years that bring the issues of food safety and sanitary. And nowadays in Taiwan society, people’s response to big issues like food scandals are criticizing oil producers instead of reviewing current existed regulations for food safety and sanitary, manufacturers’ responsibility, right to secure people’s right and protection on health and government’s role to govern suppliers & manufacturers to provide people good quality products & assurance. On the ground of those, we determine to do something for ourselves, we want to study Taiwan current regulations and understand what our government has been governing suppliers & manufacturers and suppliers and manufacturers provide qualified products to consumers. We co-worked with main universities’ laboratories in Taiwan to support us to do the experiments on oil. In the storm of recycle oil, we are driven by the social issue so we determine to do the experiments of making recycle oil and analyze any materials/ingredients hurt to health. We find some oil producers make recycle oil and sell to market because the costs are low and profitable but the producers violate the regulations of food safety and sanitary and is harmful to consumers’ health.

Talking on the topic of food safety and sanitary, we want to check our current Taiwan regulations of food and understand any weakness or any improvements from our Taiwan government having been governing suppliers and manufacturers in recent years. We appreciate to have interview with Lawyer Ann Yang who works at Formosa Transnational attorneys at law on the 18th of August 2015. Lawyer Ann gives us professional inputs and regulations. So that we know more about current situation of Taiwan food laws/regulations and any food safety and management can be enhanced & executed.

Interview (below name IGEM as our team and Lawyer Ann as Lawyer)

  1. Crime

    IGEM: Most of the food scandals affect consumers’ health after consumers have been eating the products after years. How the manufacturers’ lawyer to defend the food company in the lawsuit? And how to prevent them from finding loopholes?

    Lawyer: Manufacturers’ lawyers mostly counsel ” They know nothing about it” or ” The product is edible and has no harm.” But in recent years, judicial decisions adopt the causality of epidemiology such as the RCA case. For details, see lawyer Chia-Chen Houng’s article.

    IGEM: Have you ever engaged in any lawsuit about food safety and what was the result?

    Lawyer: I have engaged the case of TSC feed protein powder with inferior pseudo-charge CNS and high-quality protein powder. (Please refer to Tainan branch of the Taiwan High Court back 2012 under No. 5 civil judgments)

    IGEM: Does limit the manufacturer’s owner or person in charge should not engage in the same industry in the future whether the damage to the right to work or the right to freedom of protection?

    Lawyer: Restricting someone can “never” engage in the same industry may be adjudicated violating the constitution by the grand justice. But every industry Restrictions on anyone shall not engage in the same industry “forever” may be subject to a judge declared unconstitutional. Referring to Literacy reference number 584 that taxi drivers have a criminal record restricted case. Any industry or people working in particular industry may have the different extent of public interest and or national people’s health and safety so it can’t be generalized.

    IGEM: If the employee of the oil producer knows the violations of law but didn’t report to the authority, does he/she have legal responsibility?

    Lawyer: Yes. Guilty of intentional assault involving serious injury or guilty of the crime of omission

    IGEM: Since the development of food safety law so far, if food industry and safeguard the interests of the people are more equitable?

    Lawyer: Not sure. Because the Litigation of Ting Hsin International Group’s case is pending. So companies still wait and see.

  2. Management

    IGEM: Can the government budget more money for TFDA for food safety & sanitary administrations so that the authority can carry out more complete inspections on Agriculture, Livestock and Fisheries and processed foods in order to enhance the situation that manufacturers manage by themselves nowadays? In the ground, can this ensure food safety?

    Lawyer: Food scandals not only happened in Taiwan. Although America has legislated the Pure Drug and Safety Act since 1906 Theodore Roosevelt headed the administration, but only for the food and pharmaceutical labeling is not real and pseudo Hunchong mix afterwards regulate claims. This led to the serious food scandal- the Elixer case in 1937, unscrupulous manufacturers used raw materials to produce asphalt cold syrup, this resulted in hundreds of American died. FDA therefore put a lot of manpower and resources to control drug and food safety. It is generally believed that the FDA review of the drug density norms and regulation make drug safety a considerable goodness listed checks. But food, health products and medical devices and other types of control is relatively loose, resulting in the issue of food security in recent years is also slowed by controversy. Therefore the United States setup a series of production records system from farm to table since 1997 in order to ensure further safeguard public health.

    The US FDA budgeted 4.9 billion to check the Food and Drug Safety for 2016. Consumers spend a dollar each on food and medicine one year, which is related to at least one fifth of healthy and medicine from FDA budget. Americans contributed an average of eight dollars per year to the FDA. Nevertheless, food hygiene and safety standards, with the times, social, cultural, historical, geographical factors have different differences. Government agencies need to have sufficient budget to carry out effective food safety management, but the budget must come from adequate tax and corporate feedback or fines. Therefore regular amend and review law & regulations are required to improve the legal system and judicial decisions for the environment change and revolution.

    IGEM: Does any loophole for the recycled oil to return under law/regulation? Is there any law/regulation to enforce domestic food vendors to return the recycle waste oil? In addition, does the recovery of oil operations staffs have to renew their license on certain period?

    Lawyer:The law does not expressly provide, but only at the local level norms. It is worthy study the impact If the mandatory recycling is extremely helpful for the national health, but the industry rebounded significantly. Currently the system is vendors run business with the document for oil , if the vendor has no certified document then can be fined and punished. For the time being it has a valid work permit unified till end of this year. It should be valid & certified regularly.

    IGEM: Is Food Safety management attributable to the central or local government?

    Lawyer: Article 2 of Taiwan Act Governing Food Safety and Sanitation “ For purposes of this Act, the term "competent authority" shall mean the competent health and welfare authority at the central government level, the municipal governments at the municipal level, and the county/city governments at the county/city level.” ?

    Article 2-1 To enhance the coordination, monitoring, promotion, and inspection of national food safety affairs, the Executive Yuan shall establish the Food Safety Board. The Premier of the Executive Yuan shall serve as the convener with the participation of the heads of other relevant ministries and commissions, experts, scholars, and representatives of non-governmental organizations to take charge of inter-agency coordination for the food safety risk assessment and management measures as well as establish the alert and auditing system of food safety and sanitation. The Food Safety Board shall meet once at least every three months. When necessary, a temporary meeting may be convened. The convener shall appoint a Minister without Portfolio or a head of ministries and commissions to act as the Chief Executive of the Food Safety Board and the central competent authority shall be in charge of staff affairs.

    Each municipal/county/city government shall establish the Food Safety Board; the head of the municipality/county/city shall serve as the convener to take charge of inter-departmental coordination for the food safety management measures. A meeting shall be convened once at least every three months. Decisions made by the Food Safety Board in Paragraph 1 shall be carried out and implemented in compliance by relevant ministries and commissions. Each quarter the Executive Yuan shall announce the supervision results included in its administrative policies report to the Legislative Yuan every year. The regulations governing the formation, tasks, parliamentary procedures and other matters to be complied with for such Food Safety Board in Paragraph 1 shall be prescribed by the Executive Yuan.

    IGEM: Is Flag system perfect now? Whether it can maintain security mechanisms denounced human rights?

    Lawyer: Article 43 of Taiwan Act Governing Food Safety and Sanitation “The competent authority shall keep strictly confidential the particulars of, and may grant reward to, anyone informing against foods, food additives, food utensils, food containers or packaging, food cleansers, labels, promotional materials, advertisements or food businesses that are found to have violated the provisions of this Act. If civil services disclose the confidential information, they will be punished with criminal and administrative responsibilities. The regulations governing the jurisdiction of the complaints received by the competent authority, processing time period, confidentiality, reward to informant and other matters to be complied with mentioned in the preceding paragraph shall be prescribed by the central competent authority. Confidentiality of identity of informants in Paragraph 1 shall be subject to the same requirements by throughout litigation procedures.”

    IGEM: When the manufacturer up to a certain standard size then it will be required to be conducted inspection by the government authority . If this will give the opportunity to manufacturers to circumvent responsibility that may encourage manufacturer to small size to skip the authority’s audit conduction?

    Lawyer: It is possible. But such behaviors may be accused of fraud or violate the label rules.

    IGEM: If the employee report the employer’s illegal behavior and lose his/her job then how the Government to protect workers' interests?

    Lawyer: Taiwan’s LSL (Labor Standard Law) guaranteed severance pay and dismissal must comply with the legal reasons only legitimate reason.

    IGEM: Whether Taiwan can establish such European food production traceability system?

    Lawyer: Yes, but it is very costly. Needs Ministry of Health & Welfare works with and COA (Council of Agriculture, Executive Yuan)

  3. Product

    IGEM: When there is damage to the company reputation happens (shown false positive), and the buyer due to product defects (shown false negative) and an error is detected, which party should bear responsibility?

    Lawyer: Case analysis should be considered. It may need sufficient facts & evidence. Product defect liability and damages claim is related to Consumer Protection Law. The damage is caused by Return or replacement , and may have criminal liability.

    IGEM: What inspections do our product has to pass before it is launching to the market?

    Lawyer: These products more suitable attributed commodity, governed by the Bureau of Standards, Metrology and Inspection, MOEA R.O.C., the actual situation should continue to consult with the competent authorities.

The opinions of the lawyer

The lawyer talked about nowadays how the profit-oriented oil vendors in Taiwan find loopholes in laws and defend themselves to escape from legal sanctions. Also draw on foreign food safety events and related legal provisions so that we can understand a wide range of picture. As far as new products launching is concerned, lawyer provided us to apply for patent per trademark law and related regulations as well as government inspection requirements for biological agents. She also told us about the food safety issues in foreign countries and some related laws. The lawyer gave us very high scores about our action and enthusiasm and she hoped that we could let the world see Taiwan.

Conclusion

From the eye of the lawyer, we review of current Act Governing Food Safety and Sanitation in Taiwan we find many blind spots that we didn’t notice before. This makes us believe that as a group of enthusiasm and aspiring teenagers, we should be realistic to put our discontent into action. We will play the role of food safety goalkeeper and bring back the long-lost peace of mind for Taiwan society.