在研究過程中發現，該公告僅強制規定食品業者投保最低之保險金額，並未考慮食品企業種類、規模及每一種食品暢銷程度，對消費者、食品業者皆有不公平現象，本文認為除了最低投保金額外，亦應衡量食品企業之銷售規模而另訂合理之保險金額，讓微型食品企業得以生存，並保護消費者之飲食權益。 The Chinese old saying goes: “People are the basis of a country, and bread is the staff of life.” The government should ensure people of health; however, several incidents of food safety in recent years have endangered the lives and property of people and disturbed the entire society and led to a heavy burden of finance of state. Thus, how to ensure the safety of food has become the topic for the government nowadays. To solve the economic issues arising from the harm of food to people’s health, Taiwan’s authority, the Health Administration (the former of Ministry of Health and Welfare), announced on May 2, 2007 an administrative rule with regard to product liability insurance for the food industry. The rule is enacted pursuant to Article 13 of the Law Governing the Food Safety and Health and is obligatory in nature. This thesis is to discuss the necessity of a food company to insure the product liability. The thesis concludes the three main reasons to support the necessity: (1) public safety and consumer benefits for foods; (2) the shift of burden of proof for the tortious activities; (3) the product liability insurance is not a compulsory measure to recover the loss. It is always better to be safe than sorry; therefore this thesis argues that the food should be strictly monitored within the production and design process and should be fairly inspected by authenticated institutions regularly or irregularly, so as to effectively solve the problems of food safety. The thesis found that the aforesaid announcement only states the minimal insured amount for the food company but does not list the types and scale of food industry and the popularity of each food. The measure could be unfair to the consumers and food companies. The thesis suggests that the measure should not only consider the minimal insured amount, but also the scale of sales to calculate the reasonable insured amount. In such a way, the small-scale food enterprises could live and protect the rights and benefits of consumer as well.