Go homepage(回首页) Upload pictures (上传图片) Write articles (发文字帖)
The author:(作者)qqpublished in(发表于) 2014/6/24 8:44:24 Media false food safety under the draft food safety law will be responsible：
Yesterday, the food safety law (Amendment draft) at the 12th session of the national people's Congress Nineth meeting to consider for the first time. This is the current food safety law since its implementation in 2009 of the first amendment. Draft revised throughout to reflect the "draconian laws", modify the amplitude and new clauses from existing law 104 per cent to 159. Clearly two "most", namely the establishment of a strict process monitoring system, establishing a strict liability system, such as increasing the penalties for food violations, disciplinary penalties for dereliction of duty by local officials and regulators.
More strict
Adding a toxic substance to a maximum fine of 30 times times
"Operators are responsibility for food safety in food production," write this explicitly to the draft amendment to the law on food safety. Also made clear in the draft calls for the establishment of "strict liability". Adding toxic and harmful substances in food, such as corrupt offence, the Bill provides that permit direct, and sentenced to a maximum of 30 times further fine of treble the amount of the goods value (current food safety law penalty standard for 5-10). Meanwhile, to knowingly engage in such serious violations, still providing production sites or selling banned substances to its theme, also faces a fine of up to 200,000 yuan.
Involved in the proposals to amend the Renmin University Liu junhai, Director of the Institute of commercial law, punitive damages are not limited on food safety 10 times, but no cap, "or a few dollars of food, consumer lawsuit may also be losing money again."
Expert group members participated in the drafting of the food safety law, Central University of finance Gao Qinwei, Director of the Research Center pointed out that increase penalties starting point is OK, but still need to have some rules. Such as small traders of maneuverability is not strong, likely to cause "on the policy responses", while some companies intentionally caused food problems are not necessarily enterprises, only by the penalty does not solve all food safety issues.
Local officials should resign
One of the highlights of the revised draft, adds to the punishment on dereliction of duty of the local Government Chief, has increased local Government Chief should resign-related situations.
Clearly, local people's Governments at or above the county level and delaying the report, false claim and skimming food safety incident occurs, or especially major food safety accidents occur, or a series of major food safety accidents, and in serious cases, expelled, resulting in serious consequences, the main person in charge should resign.
Bill also increased the penalties for food inspection agencies and personnel. For food safety offences subject to criminal penalties or issue a false inspection report by food inspection agencies expelled personnel, provided banned from engaging in food inspection.
Gao Qinwei reporters for South, West provided "no" time limits are generally 5-10, my intention was that "banned for life", this standard was higher than some developed countries.
Update
First time to regulate the online food trading
Network food trade are becoming more common, but the laws and regulations on the operation of the network specification is still relatively empty. In this regard, the amendment Bill proposes, network trading platform for third-party providers of food network food business operators should be real-name registration; food network trading platform for third party providers cannot provide access food producers ' true name, address and valid contact information from network food trade compensation to the third party platform provider. Also, if a third party platform had failed to fulfill its obligations, will also be fined 50,000-200,000 yuan.
In this regard, Liu junhai suggested enlarging the trading platform of joint and several liability, determine the fiduciary responsibilities of the trading platform, rather than regulatory responsibility for stores. Because of trading rules is a platform developed by software is prepared by the platform, platform to facilitate access to information in day-to-day operations.
Establish accountability interviews, "blacklist" system
The amendment draft proposed the establishment of "blacklist" System. Draft requirements to establish food safety violations database, records of food producers and violation information, announced to the public and are updated in real time.
In this regard, Liu junhai believes that responsibility for lax supervision of government officials should be increased. "In fact, there is the supervision rather than regulation. Not just to create a blacklist of enterprises, for ineffective supervision should also create a blacklist of officials, food safety officials on a blacklist should not be promoted. ”
Draft also clear added has responsibility interviews system, provides food production operators not timely take measures elimination security hidden of, regulatory sector can on its head for responsibility interviews, regulatory sector not timely found system risk, and not timely elimination regulatory regional within of food security hidden of, this level Government can on its main head for interviews, local Government not perform food security duties, superior Government can on its main head for responsibility interviews.
States to establish a unified food safety information platform
How to deal with conflicts between consumers ' right to know and the information is accurate? The draft stipulates that the national platform for establishing uniform food safety information, and clearly: the unauthorized release that shall be published by the food and drug supervision and Management Department of food safety information. Provides that the published food safety information may have a significant impact on social or foodstuff industry, should advance to the district's municipal food and drug supervision departments at or above to verify the situation.
Liu junhai pointed out, the Bill provides that incorrect media reports on food safety will have to shoulder the responsibility, will be detrimental to media monitoring. "Fair and objective coverage of the provision should be to encourage and support the media, only materially misrepresent need compensation to support media supervision on food safety. ”
When milk hit the "process monitor"
Production processes
Safe from the source. On infant formula, it explicitly provides, not to delegate, label, packaging production of infant formula milk powder, not use different brands of the same formula of infant formula milk powder.
Circulation
Popular online shopping formula. According to the Bill, online food trading platform for third-party provider shall register the network food business operators. Consumer online shopping food lawful rights and interests are jeopardized, third party platforms such as do not provide network food Manager real address and valid contact information, should be paid in advance.
Blacklist
Buy milk there is knowledge, can make reference to "blacklist". Draft calls for the establishment of food safety violations database, records of food producers and violation information to the public and updated in real time.
Food traceability
How retrogradation batches? Draft requirements to production enterprises shall establish food traceability system to ensure food traceability.
Advance payments
According to the draft regulations, producers and traders shall pay in advance, shall not be absolved; statutory cases, consumers may demand 10 times or 3 times the price losses.
In particular, if it is found that producers add toxic and harmful substances in the food and other corrupt offences, permit direct, and values of up to 30 times the amount of the fine.
Banned for life
Under the draft, because of food safety violations from criminal penalties or issue a false inspection report led to major food safety accidents be expelled of the food inspection agency personnel, will be banned from engaging in food inspection.
Resign
Adding to the dereliction of the draft local government heads and dispose of food safety regulators. Slow food safety accident report, conceal, misrepresent, local Government Chief should resign.
[Voice]
"GM food can not be avoided"
, Director of the Institute of commercial law at Renmin University Liu junhai accept Nunn said in an interview with reporters yesterday, the food safety law should be linked to the agricultural products quality safety law changes synchronized. Food safety "from farm to fork", but farmland security level is not high, table safety can not be high, "supervision of agricultural products should also be the same as food safety supervision."
Liu junhai said: "food regulation now still have blind spots, if not fully integrated into a single body, it must have a unified set of rules, such as agricultural products, genetically modified foods, must be provided for in the food safety law. Meanwhile all departments must have information sharing and seamless docking mechanism. ”
Liu junhai believes that genetically modified food is unavoidable, it must be provisions of the food safety law system of compulsory labelling of genetically modified foods, if the companies violated the same fraud, consumers can ask for punitive damages, or genetically modified food is quite confusing. In addition, food traceability system should be extended to all food products. The current provisions of the draft are still vague.
Interview: Southern Metropolis reporter Long Yuqin Wang Dianxue intern season articles about Beijing
(Original title: intends to overhaul the food safety law "draconian laws" throughout the draft)
赞