食安風暴重創人民對政府的信任，食品安全衛生管理法修訂後，增列行政機關得採行預防性下架、封存等措施。問題是，預防原則落實在警察或秩序管制領域，行政機關在何種危害預防的法律要件下，或危害的層級到何程度時，可採行預防性措施?行政機關在有相當證據，令其懷疑所進口、製造、經銷的食品有危害人體健康或不適宜人食用時，在合法的裁量下採取預防性措施的法律效果。此種對人民有不利效果的預防性措施，為暫時性行政處分，待經由調查的證據結果出爐後，如認定確有危害人體健康或不適宜人食用，則進一步對相關食品為沒入、銷毀的終局性行政處分；如認定對食品安全並無危害，則廢止先前的處分，並通知業者可重新鋪貨的終局性行政處分。

Food Safety storm hit people's trust in the government, the revised food safety and health management method added some preventive measures for the authority. The problem is, under what kind of legal requirements, or to what extent of the harm level, can the government take the preventive measures? When there are considerable evidences that make the authority suspect that the import, manufacture or distribution of foods are harmful to human health, the authority can take preventive measures under legal discretion. Such preventive measures which have adverse effects on people are temporary administrative acts, when the evidence shows that the food investigated endangers human health or unsuitable for consumption, those food should be confiscated or destroyed as the final administrative action. If foods are determined as no harm to safety, the government will abolish the previous action, and notify the industry the admission for selling as the final administrative action. The harm prevention action intervenes in its nature, the elements of intervention needs a special legal authorization. If the influence of the intervention is deeper or broader, it is inadvisable to summarize the terms of preventive measures as a basis for authorization.