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Food safety is a public policy issue that requires a multidisciplinary response. This problem represents an important axis for all governments concerned with the protection of public health. This issue is approached in the sense of Foucault with the notion of pastorality where the state must protect the individual in a collective and individual manner. Our analysis consists in showing why this ineffectiveness in the food safety system in the country and in what it represents a hitch to the effectiveness of certain fundamental rights in the country as the right to a healthy food, the right to health. For, the safety of food also participates in the dignified realization of the right to food as economic, social and cultural rights of the person. To this end, addressing food safety in this sense is important, because it aims to give food consumers the assurance and a kind of maximum protection against all risks that could make food harmful to health in the consumption of food.