Newsletter
Summary of Rulings Regarding Imported Pork Containing Ractopamine
1. Background
Being a long-standing practice, use of Ractopamine has been prohibited in Taiwan since 2006; the Taiwanese government has adopted the "zero tolerance" policy on the use of Ractopamine in imported pork. However, in order to strengthen international trade relationships with trading partners, the Taiwanese government decided to relax the import ban on Ractopamine pork by following the international standards adopted by the Codex Alimentarius Commission. The Ministry of Health and Welfare therefore amended administrative rulings regarding permissible residue level of Ractopamine and the labeling of the country of origin of pork, and the Ministry of Agriculture allowed the usage of Ractopamine in imported pork. The Legislative Yuan, on December 24, 2020, resolved to permit the above administrative rulings for recordation and to pass relevant associated resolutions, all of which would take effect starting from January 1, 2021.
2. Administrative Rulings regarding Imported Pork Containing Ractopamine
The new administrative rulings regarding the import of pork containing Ractopamine are summarized as follows:
(1) Standards for veterinary drug residue limits in foods (“the Standards”)
The Standards stipulates that the Ractopamine residue limits are 0.04 ppm in the pigs’ liver or kidney, and 0.01 ppm in pigs’ muscle, fat (including skin) and other edible offal.
(2) Promulgation rulings of Nung-Fan-Tzu No. 1091472241 (“the Rulings”)
The Rulings lifts the ban on the usage of Ractopamine for pigs outside Taiwan, but still prohibits the usage of such drug in local pigs.
(3) Labeling regulations of bulk food (“the Labeling Regulations 1”)
The Labeling Regulations 1 requires all vendors, in spite of having corporation or business registration, selling bulk food containing pork or edible offal of pigs as raw materials to have a clear label in Chinese showing the country of origin (i.e., the place of slaughtering and cutting) of pigs.
(4) Labeling regulations of the country of origin of pork and edible offal as raw materials used in the contained or packaged food (“the Labeling Regulations 2”)
The Labeling Regulations 2 requires all vendors selling contained or packaged food containing pork and edible offal as raw materials to have a clear label in Chinese on the container or package showing the country of origin (i.e., the place of slaughtering and cutting) of pigs.
(5) Labeling regulations of the country of origin of pork and edible offal as raw materials supplied at food vending locations (“the Labeling Regulations 3”)
The Labeling Regulations 3 requires all vendors supplying pork and edible offal at food vending locations to have a clear label in Chinese showing the country of origin (i.e., the place of slaughtering and cutting) of pigs.
3. Associated Resolutions regarding the Imported Pork containing Ractopamine
For the purpose of maintaining the food safety and the competitiveness of local pig farmers, the Legislative Yuan also passed associated resolutions, including topics covering the implementation of the tracing and tracking management, the reform of the local pig farming industry, the encouragement of the purchase of domestic pork products, etc.
4. The Legal Consequence of Illegal Labelling of Pork Products
According to Paragraph 1, Article 28 and Paragraph 1, Article 45 of the Act Governing Food Safety and Sanitation, if the labeling of foods and food containers or packaging is false, exaggerated or misleading, the violator shall be fined between NT$40,000 and NT$4,000,000. Where the offense is repeated, the violator may be ordered to terminate business or suspend business or to revoke company registration or food business registration.
To ensure the fairness of each administrative fine, the Ministry of Health and Welfare enacted the Principles of Calculation of the Administrative Fines for the False, Exaggerated or Misleading Labelling Stipulated in Paragraph 1 of Article 45 of the Act Governing Food Safety and Sanitation ("the Principles") on December 29, 2020. According to Article 2 of the Principles, the aforementioned amount of the fine shall be calculated based on the weighted formula stated in the attachment of the Principles.
In addition, according to Article 3 of the Principles, the competent authority shall take into consideration the education and intelligence, the experiences and time of engaging such business, and the attitude and remedial actions of the violators, when deciding the amount of the fine.
5. Conclusions
Due to the impact of food safety resulting from the import of pork containing Ractopamine, the Ministry of Health and Welfare has enacted administrative rulings in relation to the permissible residue level of Ractopamine and the labeling of the country of origin of pork. Therefore, all vendors shall pay particular attention to and comply with the labeling rulings to avoid being subject to the fines, termination or suspension of business or the revocation of company registration or food business registration.