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The author:(作者)qqpublished in(发表于) 2014/6/24 8:47:04 The first overhaul of the food safety law， used cooking oil for food to be at least fined 150，000
The whole process of establishing the most stringent regulatory systems
Establish a strict liability system
Imposed on illegal producers and traders of the most severe punishments
Dereliction of the most serious accountability local governments and regulators
To the illegal operation of the inspection bodies to implement the most strict accountability
Jinghua times dispatch (reporter Sun Qian) from lean, and Sudan to "poison the ginger", "tongue on the security," becoming one of the main concern of Chinese society. Revised draft food safety law yesterday to draw attention to the 12th session of the national people's Congress Nineth meeting consideration of draft general idea is, more focused on prevention, risk prevention; the whole process of establishing the most stringent regulatory system, 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 implementation of social governance of food safety.
Zhang Yong, the Secretary of State food and Drug Administration said in a report, the draft highlights civil liability. Provides for accountability, requiring producers received consumer claims should be paid in advance shall not excuse; at the same time improving consumer legal circumstances may demand 10 times or three times the price of the system of punitive damages. It also increase the penalties, refinement and penalties for breach of the punishment of responsible persons and of local government food safety supervision personnel and so on.
For consumers ' rights, 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. Release of food security information which may have a significant impact on social or foodstuff industry, shall be established in advance to the District of city-level government food and drug supervision departments to verify the situation.
Food safety legislation course important
In 1995 the People's Republic of China implementation of the food hygiene law, designed to ensure food hygiene to prevent food contamination and harm of harmful factors on the human body.
In 2006 to amend the food sanitation law was included in the annual legislative programme. Since then, would amend the food sanitation Act to develop food safety laws.
2007 draft food safety law was first submitted to the national people's Congress.
2008 publication of the draft food safety law, solicit opinions from various aspects and recommendations. After the sanlu milk powder caused "the melamine incident" broke out, and making various modifications.
2009 food safety law passed, and on June 1 formally implemented. Food hygiene law repealed.
In 2009 the State Council promulgated regulations for the implementation of the food safety law to further implement the enterprise as the responsibility for food safety responsibilities, strengthening the responsibilities of each sector in the area of food safety supervision.
October 2013, Legislative Affairs Office of the State Council on revised draft food safety law, draft for public comment. Formed on the basis of this draft amendment, as a State Council Executive meeting for discussion and adoption.
June 23, 2014, since its implementation in 2009 in the first overhaul of the food safety law, Nineth meeting, draft amendments to the 12 session of the national people's Congress for consideration.
-Regulatory system
State food regulator layout basic
China's food safety supervision system used to be considered "water in Kowloon", segment supervision, regulatory loopholes and blind spots, cross, and so on. Several departments can't manage "glass of milk", "pig", adopted last year by the State Council institutional reform and function change programmes explicitly, by the integration of the State food and Drug Administration for industry and commerce, quality supervision departments of food regulatory functions.
Clearly, food and drug supervision Department under the State Council is responsible for the supervision and management for food production and trading activities, and take the food safety Commission under the State Council's daily work. Other relevant departments under the State Council in accordance with this law and duties prescribed by the State Council on food safety.
In the supervision of food safety, local authorities will play an important role. Bill requires local governments at or above the county level to the Administration's food safety supervision and management assume overall responsibility, responsibility, leadership, organization and coordination of the administrative region in a unified food safety supervision and administration, as well as food safety emergency response work, establish and improve the mechanism for food safety supervision and administration.
In addition, the responsibility of local government food safety supervision and administration at or above the county level. Higher levels of Government responsible for lower levels of government food safety supervision and administration for review and evaluation. Meanwhile, local government food safety should be integrated into national economic and social development plan, to include food safety requirements in the level of government budget.
Noteworthy is that the Bill also stipulates that food and drug supervision and Management Department in the Township and village of County Government or specific areas to set up food and drug regulatory agency.
-The accountability of local governments
No responsible person in a supervision plan or be removed from Office
Intended for dereliction of local governments and regulators impose strict punishment, "the sword" regulators of inaction.
Not established sound food security full supervision management work mechanism, or not according to financial budget timely, and full allocated food security work funding; not clear this level Government related sector of food security supervision management duties, not perfect, and implementation food security supervision management accountability, or not on food drug supervision management sector of food security work for comments, and assessment; not business version administrative of food security accident emergency plans, or occurred major food security accident Hou not immediately established food security accident disposal command institutions, and Activate contingency plans; no annual food safety supervision and Administration plans to formulate boundaries of four acts, if there is one, to the persons in charge directly responsible and other persons directly responsible shall be given a warning, demerit-recording or demerit; causing serious consequences, given a demotion or dismissal.
Accident cover-ups Chief to resign
Fail to publish information on food safety and fails to perform the statutory duties to investigate and deal with violations of food does not cooperate, or abuse of power, negligence, malpractice, and other ten kinds of behavior will be subject to appropriate disciplinary action, if the circumstances are serious will be expelled.
Functionary in the supervision and management of food safety in dereliction of duty, abuse of authority or engages in such conduct, constitute a crime of power abuse, dereliction of crime, be investigated for criminal responsibility according to law.
Draft also clear provides has variety "resigned" of case, which, for County above Government, draft provides: 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 administrative within involving more links of regional food security problem, not timely for regulation, caused bad effects or loss; sustained reported, and concealed, and lied about food security accident; this administrative within occurred major food security accident, Or four cases of major food safety accidents occur in a row, if it results in serious consequences, the main person in charge should resign.
Head of regulatory violations or resign
The draft also stipulates that such as the food and drug administration and agriculture administration, quality supervision departments of any of the following acts, persons in charge directly responsible and other persons directly responsible shall be given expelled, causing serious consequences, the main person in charge should resign.
These include: false claim and skimming of major food safety accidents and investigate and deal with violations of food safety and food safety incidents when accepting a bribe; participation, harbouring or conniving at the food safety crimes.
In addition, Governments at or above the county level for food and drug supervision and management, public health and agriculture administration, quality supervision departments, if granted permission or does not meet the conditions of the applicant beyond the legal authority granted permission, causing serious consequences, its chief should resign.
-Accountable Enterprise
Used cooking oil for food to be at least fined 150,000 dollars
The draft stipulates that the food producers and food safety first person, to assume management responsibilities for its production and business activities, assumed security responsibility for the production and operation of food, on the production and management of food caused by the liable person, property or other damage, causing serious harm to society and assume other responsibilities according to law.
Clearly, countries to establish food traceability system throughout and asked enterprises to establish food traceability system of food production and ensure food traceability. In addition, increased in food wholesale business enterprises engaged in the wholesale record regulations. In addition, advertising for food, Bill also requires food producers and traders shall be responsible for the authenticity and legality of its food ads.
Draft provides, with non-food material production food or in food in the added food additives yiwai of chemical material and other may against human health of material, or with recycling food as material production food, confiscated illegal proceeds, and illegal production operating of food and for illegal production of tool, and equipment, and material, items; illegal production operating of food goods value amount insufficient 10,000 yuan of, and at 150,000 yuan fine. The value of more than 10,000 yuan, 15 times more than double the amount in value terms and fined a maximum of 30 times.
Supreme method spokesman Sun jungong previously interpretation Supreme People's Court, and Supreme Procuratorate on handle against food security criminal case applies legal several problem of explained, said for practice in the exists of using toxic, and harmful of non-food material processing food of behavior, as using "trench oil" processing edible oil,, clear this class "reverse added" behavior also belongs to criminal provides of in "production, and sales of food in the mixed into toxic, and harmful of non-food material".
Production operators to carry out the first responsible business
The draft stipulates that the entity that is engaged in food production licence shall be revoked, the direct responsible person in charge and the food safety management from within 5 years from the date of making the decision shall not be engaged in food production and management work.
Sentenced to fixed-term imprisonment or penalties for food safety crimes, life without engaging in food production and operation management.
Food producers employ may engage in food production and management personnel working in management jobs, revoke a license.
Production does not meet the food safety standards of food, causing damage to operators, consumers, it shall bear compensation responsibility and bear operators and consumers as replacement, returns and other costs. Consumer's food has been damaged because they do not meet food safety standards, can claim damages to the operators can also seeks compensation for the losses to producers. Received compensation for consumers to producers, should be subject to accountability, advance payments, no excuse. Belonging to the producer responsibility, right after managers ' compensation compensation to producers, which belongs to the dealer, after the producer shall be entitled to recourse against the operator. Violation of this law constitutes a crime, criminal responsibility shall be investigated.
(Original title: used cooking oil for food to be at least fined 150,000)
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