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The author:(作者)qqpublished in(发表于) 2014/6/24 8:42:04 Food safety law five years full traceability system
12 session of the national people's Congress Nineth meeting held in Beijing on 23rd, the meeting first considered draft revised food safety law (hereinafter referred to as the draft). This is the current food safety legislation since it was published in 2009, five years after the first time.????Director of the State food and drug administration, said Zhang Yong, this main idea is more focused on prevention, risk prevention; the second is the whole process of establishing the most stringent regulatory systems; the third is establishing the most severe legal liability system; four is food safety, social governance. Many told the economic information daily said experts interviewed, first proposed the draft shall establish food traceability management system of enterprises engaged in food production, strengthen network food deal with third-party liability, a substantial increase in food security costs are three major breakthroughs of the draft.
Break the ice
Full traceability system
One regulator who clearly indicated that this amendment will have on food production and sales, food and beverage services and other aspects of the implementation of a strict process management, strengthening of production operators to assume primary responsibility, of which the most important is traceability system proposed. Sound monitoring, risk assessment and food safety standards system, interviews, additional liability risk management requirements.
It is understood that the 39th of the draft stipulates that enterprises engaged in food production and food traceability management system should be established to ensure food traceability. Encourage and support enterprises engaged in food production using information technology to realize food traceability.
In this regard, the State food and drug administration food safety supervision, Deputy Director Chen Chuanyi said earlier that this year the food and Drug Administration will establish a product traceability system, and urge all businesses to establish traceability systems, that is, if there is a food safety issue, to be able to find it, "Lord". He disclosed that the first infant formula milk powder, dairy products, meat products, wine (mainly wine) of adopting such a system, and then gradually spread in our country. It is learnt that the current regulatory plan for the milk, pork, liquor and other related industries, have been put forward to establish a traceability system.
However, the economic information daily, a reporter recently found in an interview with as much, despite the many production and marketing enterprises have gradually established their own system of product traceability, but due to costs and technical limitations, combined with existing is not compulsory by law, many companies have traceability systems in "shadow" State.
Pork traceability system, for example, according to information provided by many pundits, the existence of improper system, operating funding project, the database lag and other problems. One of the biggest problems is the central database in the statistics, analysis, and many other software has not yet been developed, it is difficult to fully implement traceability system features and functions.
Experts said that, in accordance with the law in the future environment, traceability systems is expected to speed the construction of many industries.
This reporter learned that, just over a week ago, led by the Ministry of construction of the "food quality and safety traceability platform" officially opened, including 6 infant milk powder production companies, such as Erie, two liquor manufacturing enterprises such as wuliangye and maotai, as well as a brand as a pilot enterprise of meat and products, is included in the dating system.
Platform opened previously run by Enterprise construction of quality traceability system implemented with the national platform's docking, consumers only have QR codes for smart phone scanner, or platform site and enter the product number to trace the query production, inspection, regulation and consumer links. The Ministry Zhu hongren, Chief Engineer, said the end of 2014, all infant formula milk powder production enterprises in China will be incorporated into the tracking system, enterprises should all publicly available information and production, circulation and use of products, such as industrial chain full real-time tracking, collection and classification used in the field of information.
A vacancy
Strengthen network third party liability
Cuisine became popular with online shopping, current food safety supervision in food network show ambition. Has analysis persons said, currently legal regulations on network operating behavior of specification aspects has obviously of lag, especially this two years network food trading of form and scale changes quickly, new of trading form constantly formed, existing legal on seconds killed, and buy, and bidding ranking, network operating in the of behavior missing clear of specification, on related behavior subject of responsibility lack finds, meanwhile on illegal investigation of means is stretched.
It is understood that the current Taobao, Jingdong, 1th, shops and many other online trading online trading platforms have a food business, for providers of these third-party platforms, article 59th of the draft to fill the regulatory gaps.
The draft stipulates that the network food trading platform for third-party provider shall obtain the food production business license, shall examine the network operator's license or food network food operators are implementing real-name registration, assume the responsibility for food safety management. Found trading platform for third-party providers network food network food operators have an act in violation of the provisions of this law, shall promptly stopped, and immediately report the trading platform for third-party providers of food network food license issued by the food and drug administration. Food Network trading platform provider has not fulfilled obligations of third parties, so that the infringement of the legitimate rights and interests of consumers, it shall bear joint and several liability, and pay in advance.
It is understood that the fake brand food, close to the shelf life of food, even "without food", these are Internet users in the online shopping food reflect the most common question in the process. Because you want to unpack to found quality problems, net purchase foods often cannot return policy dilemmas. China's e-Commerce Research Center Assistant Yao Jianfang, an analyst for rights and law said net purchases food safety problems are the most prominent of which is "unlicensed", many Web platforms business performance audit, network foods business barriers to entry are low, the quality is so bad. Revised draft provisions further pressure on the e-commerce platform, strengthening auditing on the merchant, from the source to reduce food safety risks. Requires the platform to advance payments, is also good news for consumers, and just modify the relevant provisions of the law on protection of consumer rights.
But insiders worry that Internet food deals through the draft third-party requests for new platform increases business risks. Alamusi, Deputy Director of the China Electronic Commerce Association Legal Committee told the economic information daily, a reporter, as a third party, in cases where no direct fault, if the e-commerce platform should bear joint and several liability, and is contrary to international practice, this can lead to some e-commerce platform companies giving up food sales.
The ante
"Most severe punishment" is expected to implement
Lower cost of food safety law, has long been considered to be an important reason why China's food safety law problems. "Behind many food safety issues, and is the most direct economic benefit, inverse relationship exists between illegal possibilities and their cost. "Canon law firm partner of Jiangsu Yan Guoya said.
Strict responsibility violations, is one of the main elements of the draft. Draft will last "on the results of illegal punishment" the words "violations of discipline". Zhang Yong in the draft statement also said that this one idea is to establish a strict liability system. Based on civil, administrative, criminal and other means, most severe punishment imposed on illegal producers and traders, the dereliction of the most serious accountability of local governments and supervision departments, to the illegal operation of the inspection bodies to implement the most strict accountability.
According to the Bill, sentenced to fixed-term imprisonment or penalties for food safety crimes, life without engaging in food production and operation management; in terms of property penalty, adds the illegal acts of serious food safety hazards such as fines from the current five to 10 times in 15 to 30 times times times the fine.
Several legal experts told the economic information daily said in an interview with a reporter, "lifetime ban" food safety legislation has embodied in some places, the national law explicitly included it is a big step forward, to a certain extent prevent some vicious food safety incidents in the first place "to change my nickname again." Penalty percentage increase can increase its deterrent to enterprises engaged in wrongful conduct, but the effect remains to be seen, while consumers want to receive compensation, must pay attention to the preservation of evidence.
In addition, the Bill also refined and increased penalties for dereliction of duty and dispose of food safety regulators, head of local government. According to Zhang Yong's introduction will provide local Government Chief should resign; set monitor "power lines", the false claim and skimming of major food safety accidents, three acts, directly expelled.
02:32 on June 24, 2014 Economic information daily
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