食品安全刑事責任之分析

An Analysis of Criminal Liability for Food Safety

食品安全之刑事責任，係就民事責任與行政責任外之另一責任規定，因各國立法制度之不同，有的國家直接規定於食安法中，如台灣，有的國家以訂旋轉條款方式適用刑法，如中國大陸，有的國家則另訂在單行法規中，食安法不加規定，如日本。本文除介紹我國食安法中之刑事責任規定，並分析其不同外，特別介紹美國Park 法則在食安危害刑事訴追上的運用與啟示，以作借鏡說明，提供食品界及法界人士之參考。

Criminal liability for violations of food safety is different from either civil liability or administrative liability for violations of food safety. Since different countries have different legislative systems, therefore, some countries would regulate it directly by food safety law, like that in Taiwan. Some countries would set rotating terms for application of its criminal law, such as China. And some countries would have another separate regulation in this regard instead of being regulated by food security law, say, Japan. This article, apart from introducing and analyzing the provisions of the criminal liabilities in the ROC Food Safety Law, would in particular introduce the application and the enlightenments of the application of the PARK Rule, USA to the Criminal prosecution. This article would be a very helpful reference available for both people from the food industry and the legal profession.