天然食品采用功能标识制度的研究

Kyoung-hee Baek, Yeonhwa Chang
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引用次数: 0

摘要

现行的《食品卫生法》第2条第1款将“食品”定义为除药品以外的所有食品,大法院认为,“天然食品”和加工食品、熟食也属于食品。另外,大法院还对将国内研究人员开发的大米品种制成的白米产品在网站上出售的行为,承认了天然食品大米的药理功能。然而,根据韩国现行立法,“功能性”标签,即控制人体结构和功能的营养素或获得生理作用等有益健康目的的有益效果,仅限于保健功能食品和一般食品。对于农产品、水产品等天然食品,不采用功能标识制度。以日本为例,对于含有功能性成分的农产品、水产品等天然食品,如果满足一定的报告要求,从2015年开始采用了以接受生产者报告的形式简单显示功能即可被认定为功能性标签食品的制度。在韩国,考虑到法院的判决对社会信念的确认、天然食品顺应时代的产业化趋势以及对消费者知情权和健康权的保护,韩国也有必要采用天然食品的功能标签制度。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Study on the adoption of a functional labeling system for natural foods
The current 「Food Sanitation Act」 defines ‘food’ as any food except for those taken as medicine in Article 2, No. 1, and the Supreme Court of Korea said that ‘natural food’ as well as processed and cooked food are included in food. In addition, the Supreme Court recognized that the pharmacological function of rice, a natural food, existed in the case of selling the white rice product itself produced from the rice variety developed by domestic researchers by posting it on the Internet website. However, according to the current legislation in Korea, the labeling of ‘functionality’, which means to control nutrients for the structure and function of the human body or to obtain useful effects for health purposes such as physiological action, is limited to health functional foods and general foods. In the case of natural foods such as agricultural products and aquatic products, the functional labeling system is not adopted. In the case of Japan, in the case of natural foods such as agricultural products and aquatic products containing functional ingredients, if certain reporting requirements are met, a system that can be recognized as functional labeling food that can simply display functionality in the form of accepting a report from a producer was adopted since 2015. In Korea, in view of the confirmation of social beliefs through the judgment of the courts, the industrialization trend of natural foods according to the times, and the protection of consumers' right to know and health, there is a need of adopting a functional labeling system for natural foods to Korea as well.
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