After lying dormant in the Legislative Yuan for two years since the plasticizer scandal broke, the amendment to the Food Sanitation Management Act, which has been suppressed by legislators, finally sees new progress. The amendment nearing its third reading primarily adds life imprisonment and ten-million-dollar fines as penalties. Simultaneously, it passes clauses like the “Toxic Starch Clause,” “Master Wang Clause,” “Junk Food Clause,” and “Jindun Rice Clause.”
I believe the most important point is that “adding additives not approved by the central competent authority” will be penalized. Although I’ve always believed this was already a standard in existing law—for instance, Article 11 of the Food Sanitation Management Act states “Substances or foreign objects that are toxic or harmful to human health shall not be manufactured or produced”—I find it somewhat baffling that the legislators feel the need to add this specific restriction now.
However, we must think deeply from multiple perspectives. Regarding this specific clause, the pros and cons may not be balanced. The definition of food additives is clearly regulated in Article 3 of the Food Sanitation Management Act, but in practical application, it remains quite vague.
Article 3 states that food additives refer to “substances added to or contacting food for the purposes of coloring, seasoning, preservation, bleaching, emulsification, flavoring, stabilizing quality, promoting fermentation, increasing viscosity, enhancing nutrition, preventing oxidation, or other purposes during the manufacturing, processing, preparation, packaging, transportation, or storage of food.”
Therefore, while the government will have a sufficient legal basis to penalize illegal food businesses, it may also result in startups or legacy restaurants with “ancestral secret recipes” feeling restricted. Nevertheless, in an era where everyone values health, public health must take precedence over so-called secret food recipes. I only hope the government does not stop at enacting laws but also conducts comprehensive guidance and iron-fisted monitoring for the food industry (start with a registration system for markets and food stalls, which will surely cause a stir).
If you are interested in learning more about food additives, you can refer to the Food Additives Manual published by the Food and Drug Administration of the Executive Yuan.
Summary of New Provisions:
- Operators who add illegal additives to food, causing harm to human health, can be sentenced to up to seven years in prison, detention, or a fine of up to 10 million TWD. If it causes serious injury, the sentence is three to ten years, with a possible fine of up to 15 million TWD. If it results in death, the penalty is life imprisonment or at least seven years, with a possible fine of up to 20 million TWD.
- If food additives are used without approval from the central competent authority and the circumstances are serious, a fine of 30,000 to 3 million TWD can be imposed.
- The Department of Health shall study the establishment of a “Food Safety Victim Fund” to subsidize group litigation costs for consumers harmed in the future; it also allows consumers to claim compensation based on the severity of their suffering.
- The “Jindun Rice Clause” stipulates that those who publish food hygiene inspection information must ensure the quality and accuracy of the inspection results.
- The “Master Wang Clause” explicitly states that in the future, the competent authority, in addition to penalizing illegal operators, can also investigate “instructors” under the charge of “instigation,” with a maximum penalty of up to three years in prison, detention, or a fine of up to 8 million TWD, and can recover the operator’s illegal gains.