含有萊克多巴胺食品之預防性標示：食品安全避風港還是無法承受之負擔？

Precautionary Labeling Policy on Ractopamine Food: Safe Haven or Unbearable Burden?

我國為WTO會員國，礙於美方壓力下，為加強對外經貿關係，乃決議參考國際食品法典委員會（CODEX委員會）之標準，2021年元旦開放含有「萊克多巴胺」(Ractopamine)的豬肉進口。因應我國政府開放進口萊豬政策，立法院准予備查豬隻用藥殘留量、外國萊豬進口及豬肉原產地標示等行政命令，但是16縣市要求零檢出，並自訂罰則，逾80家進口豬肉商宣布不進口萊豬。根據歐盟食品安全白皮書（the White Paper on Food Safety），歐盟應提供消費者重要而完整的資訊，消費者有告知後選擇（informed choices）之權利，商品需清楚地標示完整的成分與品質。我國政府在標示議題上，強制標示肉品產地，反對進口肉品標示萊劑，認為這是歧視性措施，妨礙台美經貿，本文以食品標示為中心，析論對含有萊克多巴胺食品之標示管理及其法律建制。

As a member of the World Trade Organization, with the goal to strengthen international trade, abiding to the standards of the Codex Alimentarius Commission (CODEX Committee), Taiwan has allowed the importation of pork that contains 'Ractopamine' since January 1st of 2021, under the pressure from the United States. The policy to import pork led the Legislative Yuan to approve administrative orders such as the reporting of drug residues in pork, and the labeling requirements of imported pork as well as the country of origin. However, 16 counties have enacted their own regulations in which no residue of ractopamine shall be allowed or penalties would be charged. Over 80 pork importers have publicly announced their reluctance to import pork from the U.S. The White Paper adopted by the European Commission proposes an approach for achieving the highest standards of food safety in the EU. According to the White Paper, consumers have the right to make informed choices and they can achieve this only if products are clearly labeled to include full information on food quality and all constituents of the product. The Taiwanese government deems it adequate to label the country of origin of pork yet denounces the labeling of Ractopamine on imported products as the policy may be deemed discriminatory and may potentially harm the trading relationship between Taiwan and the U.S. This research focuses on food labeling and analyzes the labeling regulation and the underlying legal system pertinent to food containing Ractopamine.