Taisugar’s Unreported Toxic Oil Violates 'Lai Qingde’s Tainan Self-Government Ordinance'? Huang Yang-ming: Does President Lai Slap Mayor Lai’s Face?

The Chung Lien carcinogenic oil case has entered the judicial review phase. Recently, a ruling document from Taichung District Court revealed that Taisugar detected benzopyrene levels exceeding safety standards in crude oil supplied by Chung Lien Oils as early as May but failed to report it to the competent authorities, sparking public criticism. The Food and Drug Administration (FDA) stated that according to the 'Food Safety and Sanitation Management Act (FSSMA)', the reporting obligation applies only to 'finished products', not 'raw materials'. In response, media commentator Huang Yang-ming posted on Facebook, pointing out that under the 'Tainan City Food Safety Management Self-Government Ordinance', food businesses must proactively report to the Tainan City Government Health Bureau within 48 hours of discovering any upstream food supply that may endanger consumers’ lives, bodies, or health. Huang directly questioned Tainan Mayor Huang Wei-che: 'Will you now penalize Taisugar for violating the reporting obligation under this self-government ordinance?'

Huang Yang-ming highlighted that in the Chung Lien toxic oil case, Taisugar already knew in mid-May that crude oil raw materials supplied by upstream vendor Formosa Plastics Oil exceeded benzopyrene safety limits by seven times. The political debate now centers on whether Taisugar had a legal reporting obligation. Both the Ministry of Health and Welfare (MOHW) and the Ministry of Economic Affairs (MOEA) stated that under Article 7 of the FSSMA, the reporting obligation applies only to 'products', and since Taisugar was aware of contamination in 'raw materials', it had no legal obligation to report.

Huang emphasized that in addition to the central FSSMA, local governments have also enacted their own self-government ordinances. For instance, the Tainan City Government, where Taisugar is headquartered, has an ordinance called the 'Tainan City Food Safety Management Self-Government Ordinance'. Huang noted that this ordinance was proposed by President Lai Qingde during his second term as Tainan Mayor, immediately after the 2014 tainted oil scandal. On his first day in office—December 25, 2014—Lai posted on Facebook: 'First, we will establish the Tainan City Food Safety Management Self-Government Ordinance. Today, we will present the draft at an emergency city council meeting for discussion. This shows the city government team has not slackened due to elections and prioritizes safeguarding citizens’ fundamental rights.'

The self-government ordinance was officially announced and implemented on January 29, 2016. Why did this priority legislation take over a year to pass? Huang noted that Lai Qingde did not enter the city council for over 200 days in 2015, but stressed that 'this is not the key point'. The crucial issue is that the ordinance includes reporting obligations for businesses. Article 8 stipulates: 'Food businesses must proactively report to the Tainan City Government Health Bureau within 48 hours of discovering any upstream food supply that may endanger consumers’ lives, bodies, or health.' Article 16 specifies penalties for violations: 'A fine of up to NT$60,000 shall be imposed, and the business shall be ordered to rectify. If the violation remains uncorrected by the deadline, further penalties may be imposed.'

Huang emphasized that these two provisions were established during Lai Qingde’s tenure as Tainan Mayor and have not been amended since. Even if the MOHW and MOEA argue that the FSSMA limits reporting obligations to 'products', the Tainan ordinance applies to 'food', not just 'products'. According to Article 3 of the FSSMA, 'food' is explicitly defined as 'products and their raw materials intended for human consumption or chewing'.

Huang directly questioned Mayor Huang Wei-che: 'Will you now penalize Taisugar, headquartered in Tainan, for violating the reporting obligation under this self-government ordinance?' Even if the penalty is light—capped at NT$60,000—the legal reporting obligation under this ordinance is undeniable. Or will the central government led by Lai Qingde, along with the Tainan administration that continues his legacy, now slap the face of the very ordinance that former Mayor Lai established?'