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The author:(作者)qqpublished in(发表于) 2014/6/24 8:42:10 Food safety law
The Beijing News (Chief Reporter Guan qingfeng) online buy food out of the question to do, there is no provision in the current food safety laws. According to yesterday's filing 12 session of the national people's Congress Nineth meeting consideration of the draft amendments to the food safety law, food trading third-party platform if failure to fulfil obligations, so consumers ' legitimate rights and interests are infringed shall bear joint and several liability, and pay in advance.
According to the State food and Drug Administration introduced, were gaps in current food safety laws in some areas, such as regulating health foods, shopping food regulatory system. This practice, aiming at ensuring added a provision of online shopping.
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.
Third-party platform providers found on the net-food operators act in violation of food safety law, should be promptly stopped, and immediately report the third-party platform provider engaged in food manufacturing, licensing and food and drug supervision administration.
Buy food problems, to whom this claim? Clearly, consumers purchased food deal with third-party platforms across a network of food whose legitimate rights and interests are harmed, you can demand compensation from the network operators or producers of food.
According to the draft, if a third party platform provider cannot provide access food producers ' true name, address and valid contact information, platform provider compensation by third parties. Third-party platform provider compensation has the right to recourse against the network operators of food or food producers.
Construction
E-commerce selling threshold would be raised
Earlier, the Xinhua News Agency has reported that fake brand food, close to the shelf life of food, even "without food", is the largest Internet users reflect net purchases of food problems. Because food sources is unknown, lack of inaccuracy in food advertising, storage, transport, food safety tracing difficult, after-sale rights reasons, net purchases of food consumer disputes are often seen.
According to the Association, the first half of 2013 national associations organizations accepting online shopping complaints 16,408, rose 99.7%, in which foods are key areas of online shopping complaints.
Renmin University of China Law School Professor Liu junhai told the Beijing News, the current net purchase food to a cohabitation situation, mainly in two aspects: one is the subject of open shop integrity unlike; second, the safety of food itself as.
Liu junhai believes that network third party trading platforms for consumers should be "good job, good close." NET, for example, according to the revised draft food safety law, if consumers buy on Taobao food quality issues, Amoy baoying advance payments to consumers, then to Taobao business recovery.
Experts said that regulate online third party platform, will raise the barriers to e-commerce platforms selling food.
"Health"
Health products regulation introducing "filing system"
A wide variety of health products on the market, how to manage? According to the revised draft food safety law, regulation of health food products in China to introduce the "filing system".
Implementation of health management in our country is starting from 1996. According to current health food management, health product launches require pre-approval but "approval" system of examination and approval of Production units, regardless of the product's main ingredients are the same, you need to follow the same approval process.
Xinhua News Agency reported, in the regulation on the allocation of resources, and review approval takes up a lot of resources, during and after the process of regulation and market regulation in the allocation of resources is relatively weak, causing "heavy vetting, light regulation," the status quo.
Publicly reported in July last year, including snow, tianyuan, COFCO, Shanghai jiaoda onlly, wahaha, conba, HuaBei pharmaceuticals and other more than 100 companies to the State food and drug administration, and the Legislative Affairs Office of the State Council has submitted proposed amendments to the food safety law, called for introduction of a registration system of classified management.
Against the view of the file system that, by changing prior approval to record management, will lead to the health food market in an even bigger mess.
Associate Professor, College of food science and nutritional engineering, China Agricultural University said in an interview with the Beijing News He Jiguo, the filing management of health products is an international management, does not mean deregulation.
"The examination and approval system is a front-restraint. Implementation of a file system, the Government should check health product ingredients according to recipes, quality, but after the whole link to regulation. "He Jiguo believes that if such a record system, related departments of enterprise supervision must be kept up, find products and filing of the case, to punish companies, can also manage the health food market.
Watch
New food safety law will implement the most strict accountability
Yesterday, the State Director of the food and Drug Administration Zhang introduced draft imposed on illegal producers and traders of the most severe penalties, dereliction of local governments and supervision departments to implement the most strict accountability, to the illegal operation of the inspection bodies to implement the most strict accountability. The Beijing News Chief Reporter Guan qingfeng
Resign
Frequent fatal accidents the local "leaders" should resign
Zhang said, refinement and penalties for breach of the draft local government heads and dispose of food safety regulators, and creation of local Government Chief should resign.
According to draft, on occurred in this administrative within of food security accident, not timely organization coordination related sector carried out effective disposal, caused bad effects or loss; on this district within involving more links of regional food security problem, not timely organization for regulation, caused bad effects or loss; sustained reported, and concealed, and lied about food security accident; this administrative within occurred special major food security accident, or continuous occurred major food security accident. Cause serious consequences to the foregoing, Chief should resign.
Zhang said, for the false claim and skimming of major food safety accidents, found taking bribes when violations of food safety and food security, participation, harbouring or conniving at the food safety crimes three situations, directly responsible will be expelled.
Head of the State food and Drug Administration said, local governments should assume overall responsibility for food safety in the region, to include food safety annual comprehensive objectives, comprehensive appraisal of social management of local government.
The official said, would establish a strict responsibility system in the future, be investigated for responsibility for major food safety incident in the people's dereliction of duty.
Penalty amount
Food additive toxic substances shall be fined up to 30 times
Zhang said, the Bill provides for down-payment accountability, require receiving customers ' claims of producers and traders shall present pay, no excuse. Consumers in addition to a claim for damages, but also can contribute to loss of production or operators are required to pay 10 times or three times compensatory damages.
Under the draft, adding harmful substances in food and other corrupt offences, permit direct, and the maximum penalty amount by 10 times the amount in the value of the past 30 times times times.
According to the draft, who knowingly engage in these serious violations, which still provides production sites or to sell banned substances, provides for fines of up to 200,000 yuan.
State food and Drug Administration introduced in 2009, implementation of the food safety law, liability too mild to severe deterrent effect has not been fully realized. This practice, penalty amounts are substantially increased.
Renmin University of China Law School Professor Liu junhai believes that businesses illegal benefits greatly exceed the costs, this is the existing food safety law, encountered embarrassment.
He said that measure whether amendments to the food safety law is reasonable, you can see consumer benefits are higher than the costs, merchant's illegal earnings are below the cost of breaking.
Award-winning reporting
To reward verified reports should
Zhang said, the Bill provides that the award-winning reporting system on food safety, clear reports of verified, whistleblower reward should be given.
According to the draft, regulators released should be accurate, timely, objective information on food safety and encourage news media supervision on food safety violations. No unit or individual shall not be fabricating and spreading false information on food safety.
Draft additional food safety insurance system to encourage food manufacturers to participate in food safety and liability insurance.
According to media reports, at present, Shandong and other places have started a pilot food safety cover. Companies apply food safety liability insurance, once the enterprise and its employees due to negligence or negligence of food safety incidents, will be paid for by the insurance company.
(Original title: the shop selling food Exchange platform will be the joint and several responsibility)
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