The Executive Yuan today approved a draft amendment to the Act Governing Food Safety and Sanitation proposing tougher punishment for parties engaging in illegal food production practices.
In the wake of the recent recycled waste oil scandal, the Executive Yuan has demanded government agencies to review the nation’s food safety systems thoroughly and make prompt changes. The government also announced eight new measures—including stiffer penalties—to enhance food safety controls, said Premier Jiang Yi-huah.
Although the food safety act had recently been revised and promulgated on June 19, 2013 and February 5, 2014, there are still dishonest businesses putting substandard or unapproved ingredients into food products, Jiang said. Their actions have compromised food safety and sanitation for the public and undermined consumers’ rights. Today’s amendment drafted by the Ministry of Health and Welfare ramps up the punishment for illegal business practices and will hopefully have a strong deterrence effect, Jiang said. The amendment will be forwarded to the Legislative Yuan for final approval.
The latest draft amendment contains several key points:
1.Increases in maximum fine:
For persons violating regulations concerning adulterated or counterfeit food, the fine will be raised from NT$50 million to NT$200 million (US$1.67 million to US$6.67 million). (Article 44)
2.Sweeping increases in prison terms and fines:
a.For acts relating to adulterated or counterfeit food, the maximum prison sentence will be raised from five to seven years and the maximum fine increased to NT$80 million (US$2.67 million). The offer will no longer have the option of choosing either imprisonment or fine and must face both forms of punishment.
b.For acts causing detriment of human health, imprisonment of one to seven years and a fine of up to NT$100 million (US$3.33 million) will be assessed.
c.For acts causing severe detriment of the human body, imprisonment of three to 10 years and a fine of up to NT$150 million (US$5 million) will be assessed.
d.In cases of death, imprisonment of seven years to life and a maximum fine of NT$200 million (US$6.67 million) will be imposed.
e.The fines proposed above represent 10-fold increases from the current version of the act. (Article 49)
3.Clarification of double jeopardy concerns, swift assessment of fines:
a.The assessment of administrative fines on a legal entity does not contravene the principle of double jeopardy, hence paragraph 5 of Article 49 concerning legal entity fines should be abrogated so as to avoid lengthy judicial proceedings and to bring swift and sure punishment.
b.Judicial authorities will have the right to detain properties belonging to the defendant’s company or employer. (Article 49-1)
c.Parties already found guilty of violating paragraph 5 of Article 49 under the current version of the act will not be exempt from punishment after the paragraph is deleted from the amended act. (Article 59-1)