Abstract
During the course of the past year, numerous food scandals have served to raise the awareness of the potential dangers of GM food in Taiwan. The purpose of this article is to review the existing legal regime applicable to not only GM Food, but also the GM research in Taiwan, and to provide updated info on the latest development of GM food legal regime. It remains to be seen if the amended laws will be implemented effectively. It also remains to be observed whether anti-GM sentiment and legal developments will negatively impact Taiwan’s domestic GM industries.
The research in this article was partly supported by funding from the Ministry of Science and Technology (Project Number MOST101-2410-H-007-024-MY2)
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Notes
- 1.
- 2.
- 3.
The approved GMO corn and soy in Taiwan, see: https://consumer.fda.gov.tw/Food/GmoInfo.aspx?nodeID=167
- 4.
The Department of Health (衛生署) (2000), ‘The Study on Public Perception on Biotechnology and GMO Food’ (民眾對生物科技及基因改造食品的認知及態度), available at: http://food.doh.gov.tw/gmo/gallup.htm
- 5.
Academia Sinica (2005), The Opinion Poll on Biotechnology in Agricultural Sector and the Establishment of Database (農業生物科技意向調查與資料庫建置之規劃), Taipei: FU-Tsu-Tang Publisher (台北:傅祖壇).
- 6.
Academia Sinica (2007)。(的認知及態度), available at: http://food.doh.gov.tw/gmo/gallup.htm
Academia Sinica (2005), The Opinion Poll on Genetic Research and the Establishment of Database (台灣基因體意向調查與資料庫建置之規劃), Taipei: FU-Tsu-Tang Publisher (台北:傅祖壇).
- 7.
Academia Sinica (2003)。The Opinion Poll on Biotechnology in Agricultural Sector and the Establishment of Database (農業生物科技意向調查與資料庫建置之規劃), Taipei: FU-Tsu-Tang Publisher (台北:傅祖壇).
- 8.
- 9.
The GMO Technology Management Bill of 2005, see: http://www.coa.gov.tw/show_communique.php?cat=show_communique&serial = 9_webuser1_20050328095520
- 10.
The code, please see: http://www.nsc.gov.tw/bio/ct.asp?xItem=6202&ctNode = 1267
- 11.
- 12.
Act Governing Food Safety and Sanitation, Amended Date 2015.02.04, available at: http://law.moj.gov.tw/LawClass/LawContent.aspx?PCODE=L0040001
- 13.
Article 1 of the Food Act.
- 14.
Article 4–6 of the Food Act.
- 15.
Article 7(1) of the Food Act.
- 16.
- 17.
- 18.
- 19.
- 20.
- 21.
- 22.
- 23.
- 24.
President’s approval rate hits new low http://www.taipeitimes.com/News/taiwan/archives/2013/11/14/2003576837
- 25.
- 26.
Article 11 of the Constitution states: ‘The people shall have freedom of speech, teaching, writing and publication’.
- 27.
Article 15 of the Constitution states: ‘The right of existence, the right of work, and the right of property shall be guaranteed to the people’.
- 28.
Article 146 of the Constitution states: ‘The State shall, by the use of scientific techniques, develop water conservancy, increase the productivity of land, improve agricultural conditions, plan for the utilization of land, develop agricultural resources and hasten the industrialization of agriculture’.
- 29.
Article 155 of the Constitution states: ‘The State, in order to promote social welfare, shall establish a social insurance system. To the aged and the infirm who are unable to earn a living, and to victims of unusual calamities, the State shall give appropriate assistance and relief’.
- 30.
Article 166 of the Constitution states: ‘The State shall encourage scientific discoveries and inventions’.
- 31.
Article 10 (2) of The Additional Articles of the Constitution of the Republic of China, as amended on 10 June 2005 states: ‘Environmental and ecological protection shall be given equal consideration with economic and technological development’.
- 32.
Fundamental Science and Technology Act, as amended 14 December 2011.
- 33.
Environmental Basic Act, see: http://law.moj.gov.tw/Eng/LawClass/LawContent.aspx?PCODE=O0100001
- 34.
Article 1 of the Act states:
This Act is formulated to raise the quality of the environment, advance the health and well-being of citizens, preserve environmental resources, and pursue sustainable development by promoting environmental protection. The regulations of other laws shall apply to those matters not regulated by this Act.
- 35.
Article 3 of the Act states:
Economic, technological and social development shall equally emphasize environmental protection based on long-term national interests. However, in the event that economic, technological or social development has a seriously negative impact on the environment or endangers the environment, the protection of the environment shall prevail.
- 36.
Article 8 of the Act states:
Government entities at all levels shall incorporate environment first and sustainable development concepts. They shall also develop related science and technology and establish economically efficient systems for environmental lifecycle management and green consumption to contend with issues related to the environment.
Additionally, Article 35 of the Act states:
The central government shall provide incentives for academic and research organizations involved in environmental protection to upgrade facilities, recruit and train personnel, introduce advanced technologies, and integrate research resources, hastening the development of demonstration projects and research on environmental protection technology.
- 37.
Article 18 of the Act states:
Government entities at all levels shall actively protect wildlife, ensure biodiversity, protect forests, estuaries and wetland environments, and maintain a diverse natural environment, while also enhancing water resource conservation, water and soil conservation, and revegetation and greenification work.
- 38.
Article 22 of the Act states: ‘Government entities at all levels shall actively conduct research and establish environmental and health risk assessment systems, adopt preventive and medical healthcare measures, reduce health risks, and prevent or lessen diseases related to the environment’.
- 39.
Article 27 of the Act states: ‘Government entities at all levels shall establish a strict environmental monitoring network, regularly publish monitoring results, establish pre-warning systems, and adopt necessary measures’.
- 40.
Lab Code of Conduct of GM (基因重組實驗守則), available at: www.nsc.gov.tw/SCI/public/Attachment/691415403671.doc
- 41.
GM Experiment Consent (「基因重組實驗申請同意書」), available at: http://www.nsc.gov.tw/bio/public/Attachment/691415405071.doc
- 42.
Article 52 of The Plant Variety and Plant Seed Act states:
Without the approval of the central competent authority, the importation or exportation of transgenic plants is prohibited. The regulations governing approval for the importation or exportation of transgenic plants shall be prescribed by the central competent authority.
Unless the applicant has obtained approval from the central competent authority to conduct field testing, has passed the field examination, and has submitted the documentation of the approval as issued by the central competent authority concerning the main purposes as declared in the application, a transgenic plant imported from abroad or bred domestically is prohibited from domestic promotion or sale.
The testing methods, application and examination procedures, relevant administrative regulations, and the standard rates of the testing fees of the field testing referred to in the preceding Paragraph shall be prescribed by the central competent authority. [emphasis added].
- 43.
Article 12—1 of the Animal Industry Act states:
Breeding flock or breeding stock involving the transfer of genetic material shall undergo field tests and creatures’ safety assessment before it can be promoted and made use of. The regulation measures on the transfer of genetic material will be set forth by the central competent authority. [emphasis added].
- 44.
Article 69 of the Fisheries Act states:
The regulations for registration and management of inland aquaculture shall be prescribed by the municipal/county/city competent authority.
The municipal/county/city competent authority may plan and set up an aquaculture production area in which the environment is appropriate for developing aquaculture or presently fish farms concentrated. The regulations for the establishment and management shall be prescribed by the central competent authority.
Any aquatic organisms that involved in genetic breeding and transference shall run prior field tests and safety assessments before promotion and utilization. The regulations on the field test and breeding management of genetic bred and transferred aquatic organisms shall be prescribed by the central competent authority. [emphasis added].
- 45.
Ordinance on the Labelling of Food Whose Source is From GM Soybean and Corn (以基因改造黃豆及基因改造玉米為原料之食品標示事宜), Enacted on 22 February 2001, Recent Revision on 26 September 2013.(中華民國90年2月22日衛署食字第0900011746號剬告,中華民國102年9月26日部授食字第1021350529號剬告修正).
- 46.
- 47.
- 48.
Article 52(2) of the Plant Variety and Plant Seed Act.
- 49.
Article 3, the Ordinance of the Management of GM Animals in Field Experiments.
- 50.
Article 27 and 28, Ordinance of the Management of GM Aquaculture crops and livestock in Field Experiments.
- 51.
Lab Code of conduct of GM (基因重組實驗守則), available at: www.nsc.gov.tw/SCI/public/Attachment/691415403671.doc
- 52.
GM Experiment Consent(「基因重組實驗申請同意書」), available at: http://www.nsc.gov.tw/bio/public/Attachment/691415405071.doc
- 53.
- 54.
- 55.
Article 3 of the Ordinance on the Management of GM Plants in Field Experiments.
- 56.
Article 10, 11 of the Ordinance on the Management of GM Plants in Field Experiments.
- 57.
Article 12 of the Ordinance on the Management of GM Plants in Field Experiments.
- 58.
Article 13, the Ordinance on the Management of GM Plants in Field Experiments.
- 59.
Article 3 of Ordinance of the Management of GM Aquaculture Crops and Livestock in Field Experiments.
- 60.
Article 6, 8, 10 of the Ordinance of the Management of GM Aquaculture Crops and Livestock in Field Experiments.
- 61.
Article 4 the Ordinance of the Management of GM Plants in Field Experiments.
- 62.
The Ordinance on the Management of GM Plants in Field Experiments.
- 63.
Article 5 the Ordinance of the Management of GM Animals in Field Experiments.
- 64.
Article 4 the Ordinance of the Management of GM Aquaculture Crops and Livestock in Field Experiments; Ordinance on Review Commission of GM Aquaculture Crops and Livestock.
- 65.
Article 52(1) of the Plant Variety and Plant Seed Act.
- 66.
The Ordinance on the Export and Import of GM Plants. (基因轉殖植物輸出入許可辦法), available at: http://www.coa.gov.tw/view.php?catid=9812
- 67.
Article 19 of The Animal Industry Act states: ‘Breeding flock or breeding stock that have been designated by the central competent authority shall obtain the approval document of the same authority before it can be imported or exported’.
Please see also, Ordinance on the Permission and Review of Importing Animals (種畜禽及種原輸入同意文件審核要點) and Ordinance on the Permission and Review of Exporting Animals (種畜禽及種原輸出同意文件審核要點).
- 68.
Article 3II, the Ordinance of the Management of GM Animals in Field Experiments.
- 69.
Article 15, 16, 17, Ordinance of the Management of GM Aquaculture Crops and Livestock in Field Experiments.
- 70.
Article 33, the Ordinance on the Management of GM Plants in Field Experiments.
- 71.
Article 29, the Ordinance of the Management of GM Aquaculture Crops and Livestock in Field Experiments.
- 72.
The Ordinance on GM Animals was promulgated in 15 November 2002, which is much earlier than the other two Ordinances, which were promulgated in after 2011.
- 73.
- 74.
Article 7, the Ordinance of the Management of GM Animals in Field Experiments.
- 75.
Article 27, Ordinance of the Management of GM Aquaculture Crops and Livestock in Field Experiments.
- 76.
Article 52(2) of the Plant Variety and Plant Seed Act.
- 77.
- 78.
Article 2 of the Ordinance on the Announcement of Mandatory Registration and Permission Duty of Corn and Soybean.
- 79.
Ordinance on the Fee and Payment for Registration and Permission of Importing Food and related Products (輸入食品及相關產品查驗規費收費標準).
- 80.
Annex Table of Ordinance on the Fee and Payment for Registration and Permission of Importing Food and related Products.
- 81.
Current Approvals of Genetically Modified foods in Taiwan-20111216, available at: https://consumer.fda.gov.tw/Files/PageFile/506_6500/Current%20Approvals%20of%20Genetically%20Modified%20foods%20in%20Taiwan-20111216.doc
- 82.
Ordinance on the Labelling of Food Whose Source is From GM Soybean and Corn (以基因改造黃豆及基因改造玉米為原料之食品標示事宜), Enacted on 22 February 2001, Recent Revision on 26 September 2013.(中華民國90年2月22日衛署食字第0900011746號剬告,中華民國102年9月26日部授食字第1021350529號剬告修正).
- 83.
See above notes 47 and 48.
- 84.
Article 14 of the Act Governing Food Sanitation Article 14 states: ‘The regulations governing the sanitation of public food and beverage sites shall be prescribed by the municipal or county/city competent authority based on the various sanitation standards or laws promulgated by the central competent authority’. Please see also Article 32 of the Ordinance on the Management of GM Plants in Field Experiments.
- 85.
Article 2 of the Ordinance of Safety Evaluation Method for GM Food. (本評估方法針對利用『基因改造技術』生產的食品(以下統稱『基因改造食品』),訂定其安全性評估所要考量之基本要件,以消除消費者疑慮,確保民眾飲食的安全。欲製造或輸入『基因改造食品』者,應向衛生主管機關申報,以確認產品符合本評估方法之要求。).
- 86.
Chapter 2, Safety Evaluation of GM Food, Ordinance of Safety Evaluation Method for GM Food.
- 87.
Chapter 3, safety evaluation of GM Plant Food, Ordinance of Safety Evaluation Method for GM Food.
- 88.
Chapter 4, Safety Evaluation of GM Microorganism, Ordinance of Safety Evaluation Method for GM Food.
- 89.
See above notes 47 and 48.
- 90.
For example, please see Article 5, Ordinance of the Management of GM Animals in Field Experiments.
- 91.
For example, please see Article 3, the Ordinance of the Management of GM Aquaculture Crops and Livestock in Field Experiments.
- 92.
For example, please see Article 29, the Ordinance of the Management of GM Aquaculture Crops and Livestock in Field Experiments.
- 93.
See above note 46.
- 94.
Article 1 of the Ordinance on the Labelling of Food Whose Source is From GM Soybean and Corn.
- 95.
Article 5, the Ordinance on the Labelling of Food Whose Source is From GM Soybean and Corn.
- 96.
Article 6, the Ordinance on the Labelling of Food Whose Source is From GM Soybean and Corn.
- 97.
Article 4 and 6(3) of the Ordinance on the Labelling of Food Whose Source is From GM Soybean and Corn.
- 98.
Article 2, the Ordinance on the Labelling of Food Whose Source is From GM Soybean and Corn.
- 99.
Article 7, the Ordinance on the Labelling of Food Whose Source is From GM Soybean and Corn.
- 100.
Article 3, the Ordinance on the Labelling of Food Whose Source is From GM Soybean and Corn.
- 101.
Article 54(4) of the Plant Variety and Plant Seed Act states: Due to food safety and environmental safety, transgenic plants shall be appropriately packaged and labelled for import, export, transport, marketing, and sale. The packaging and labelling regulations shall be prescribed by the central competent authority’.
- 102.
Article 2 of the Ordinance of Packaging and labelling for GM Plants (基因轉殖植物之標示及包裝準則).
- 103.
Article 3, the Ordinance of Packaging and labelling for GM Plants.
- 104.
Article 4, the Ordinance of Packaging and labelling for GM Plants.
- 105.
Article 7, the Ordinance of Packaging and labelling for GM Plants.
- 106.
See above notes 46–48.
- 107.
Articles 47 and 48 of the Food Act (currently effective version).
- 108.
The Consumer Protection Act, available at: http://law.moj.gov.tw/Eng/LawClass/LawContent.aspx?PCODE=J0170001
- 109.
Article 56 of the Consumer Protection Act states:
A person violating any of Articles 24, 25 or 26, and failing to take corrective actions ordered by the competent authorities within the time limit set forth by the competent authorities, shall be punished by an administrative fine of not less than NT$20,000 and not more than NT$200,000.
- 110.
Article 15 of the Products Labelling Act states:
Where a commodity circulating on the market is found to be under any of the following circumstances, the competent authority under a special municipality or county (city) government, as the case may be, shall require, by giving a notice, the producer, manufacturer, or importer to rectify such defect within a given time limit; and if the producer, manufacturer, or importer fails to do so upon expiry of the given time limit, it may be imposed with a fine in an amount not less than New Taiwan Dollar Twenty Thousand (NTD 20,000) but not more than New Taiwan Dollar Two Hundred Thousand (NTD 200,000), and this fine may be assessed consecutively on a time-by-time basis until a satisfactory correction of such default:
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1.
Where the labelling of the commodity is made in a manner contrary to that as required in Paragraph One, Article 7 of this Law;
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2.
Where labelling and/or instruction booklet written in Chinese language are not provided as required in Paragraph One, Article 8 of this Law;
-
3.
Where the labelling of the commodity is not made in accordance with the requirements set forth in Article 9 of this Law;
-
4.
Where the labelling of commodity is not made in accordance with the requirements set forth in Article 10 of this Law; or
-
5.
Where the specific particulars of labelling as required by a public notice given by the competent authority under Article 11 are not provided.
-
1.
- 111.
Article 52 I(3) of the Act Governing Food Sanitation.
- 112.
Article 52 II of the Act Governing Food Sanitation.
- 113.
Article 45 of the Act Governing Food Sanitation states:
Those with violations of Paragraph 1 of Article 28 or the regulations prescribed by the central competent authority pursuant to Paragraph 3 of Article 28 shall be fined between NT$40,000 and NT$4,000,000; violation of Paragraph 2 of such article shall be fined between NT$600,000 and NT$5,000,000. Where the offense is repeated the enterprise may be ordered to terminate business, suspend business for a certain period of time, revoke all or part of the items listed in the company registration, business registration or factory registration, or registration of the food businesses. If registration of the food businesses is revoked, re-application for new registration within one (1) year shall be prohibited.
Food businesses in violation of the preceding food advertisement provisions shall be consecutively fined by such authority for each violation until the publication or broadcast is ceased.
Severe violation of any of the advertisement provisions under Article 28 shall not only be punished by the preceding two provisions, the competent authority shall order to halt all sale, supply or display; and shall publish or broadcast a specific number of corrective advertising in the same size and time period as the original within thirty (30) days of receiving the sanction order, which shall express regret and convey the message for elimination of error.
Violation of the preceding provisions by continuing to sell, supply, display or failure to publish or broadcast corrective advertising shall be fined between NT$120,000 to NT$600,000.
- 114.
Article 46 of the Act Governing Food Sanitation states:
Media businesses in violation of Article 29 shall be fined between NT$60,000 to NT$300,000, and may be consecutively fined. When the competent authority at the municipal level or county/city level impose fines in accordance with Paragraph 1 of the preceding article, the media businesses, and the relevant competent authority at the municipal or county/city level or industry competent authority shall be notified. The media businesses shall cease the broadcast or publication of the advertisement concerned from the day following its receipt of the above notification.
Media businesses continuing to publish or broadcast following the notification referred to in the preceding paragraph, in violation of Paragraphs 1 and 2 of Article 28 or any limit on advertisements or relevant regulations relating to the permanent suspension of advertisements prescribed by the central competent authority pursuant to Paragraph 3 of Article 28, shall be fined between NT$120,000 and NT$600,000 and shall be consecutively fined by such authority for each violation until the publication or broadcast is ceased.
When media businesses fail to cease publication or broadcasting following receipt of notification referred to in Paragraph 2, in addition to imposing fines in accordance with the preceding paragraph, the competent authority at the municipal level or county/city level shall also notify the competent authority of the media businesses at the municipal level or county/city level or its industry competent authority to address these issues.
- 115.
Article 41 of the Fair Trade Act states:
The Fair Trade Commission may order any enterprise that violates any of the provisions of this Law to cease therefrom, rectify its conduct or take necessary corrective action within the time prescribed in the order; in addition, it may assess upon such enterprise an administrative fine of not less than fifty thousand nor more than twenty-five million New Taiwan Dollars. Shall such enterprise fails to cease therefrom, rectify the conduct or take any necessary corrective action after the lapse of the prescribed period, the Fair Trade Commission may continue to order such enterprise to cease therefrom, rectify the conduct or take any necessary corrective action within the time prescribed in the order, and each time may successively assess thereupon an administrative fine of not less than one hundred thousand nor more than fifty million New Taiwan Dollars until its ceasing therefrom, rectifying its conduct or taking the necessary corrective action.
- 116.
Article 339 of the Criminal Code states:
A person who by fraud causes another to deliver to him property belonging to such other or to a third person for purpose to exercise unlawful control over other’s property for himself or for a fourth person shall be sentenced to imprisonment for not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of not more than one thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit for himself or for a third person shall be subject to the same punishment.
An attempt to commit an offense specified in one of the two preceding paragraphs is punishable.
- 117.
Article 38(1) of the Animal Industry Act.
- 118.
Article 38(3) of the Animal Industry Act.
- 119.
Article 54 of the Plant Variety and Plant Seed Act states:
Any person in any of the following circumstances shall be fined up to five million New Taiwan Dollars but not less than one million New Taiwan Dollars:
-
1.
importing or exporting in violation of the mandatory requirements governing approval under Paragraph 1 of Article 52,
-
2.
promoting and sale without prior field testing in violation of Paragraph 2 of Article 52, or
-
3.
conducting field testing in violation of the mandatory requirements governing administrative regulations of Paragraph 3 of Article 52.
Any plant illegally imported or exported, promoted, sold, or field-tested as set forth in the preceding Paragraph may be confiscated or destroyed. [emphasis added].
-
1.
- 120.
Article 31, the Ordinance on the Management of GM Plants in Field Experiments.
- 121.
Articles 25 and 26 of the Ordinance of the Management of GM Aquaculture Crops and Livestock in Field Experiments.
- 122.
Article 47 of the Act Governing Food Sanitation states:
Anyone committing any of the following shall be fined between NT$30,000 and NT$3,000,000. In severe circumstances, the enterprise may be ordered to terminate business, suspend business for a certain period of time, revoke all or part of the items listed in the company registration, business registration or factory registration, or registration of the food businesses. If registration of the food businesses is revoked, re-application for new registration shall not be permitted within one year. [emphasis added].
- 123.
Article 52 I(3) of the Act Governing Food Sanitation.
- 124.
Article 52 II of the Act Governing Food Sanitation.
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Gao, A.MZ., Juang, K.YC. (2016). Genetic Technology and Food Safety in Taiwan: Country Report: Taiwan. In: Norer, R. (eds) Genetic Technology and Food Safety. Ius Comparatum - Global Studies in Comparative Law, vol 14. Springer, Cham. https://doi.org/10.1007/978-3-319-23995-8_12
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