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The author:(作者)qqpublished in(发表于) 2014/6/24 8:47:08 The food safety law， intended to require food-trading platform bear joint and several liability
Current food safety legislation has been implemented for only 5 years, such as online shopping, Haitao, health foods have emerged in areas such as "blind spots". Today launched the first revised food safety law (Amendment draft) (hereinafter "the draft"), new laws covering areas such as online shopping, baby food, health food, which provides network food trade review not mentioned third-party platform providers such as liability or be reprimanded were revoked licenses. In addition, the Bill also provided for shall not delegate, infant formula milk powder brand, packaging production, not use different brands of the same formula of infant formula milk powder.
This edition of interviews among named things
Jinghua times, Sun Qian Beijing times drawing
-Focus
NET buys food and third-party platforms to advance payment
New provisions of the draft, network trading platform for third-party providers of food network food business operators should be real-name registration, clear net to food business operators on food safety management responsibility; engaged in food production permits shall be obtained according to law, should also be reviewed for its license.
Found trading platform for third-party providers network food network food operators to act in violation of provisions of this law, shall be halted and immediately report to network food trading platform for third-party providers of local food and drug supervision and management departments of people's Governments at the county level; found serious violations should immediately stop offering Internet trading platform service.
Consumer food deal with third-party platforms to purchase food through the network, whose legitimate rights and interests are harmed, you can demand compensation from the network operators or producers of food. Food Network trading platform for third party providers cannot provide access food producers ' true name, address and valid contact information, paid for by the Food Network trading platform for third-party providers. After paying compensation, the third-party platform has the right to recourse against the network operators of food or food producers. Food Network trading platform for third-party providers made more consumer-friendly promises, should honour their commitments.
Food Network trading platform for third-party providers do not comply with the foregoing obligations, the expense of the legitimate rights and interests of consumers, it shall bear joint and several liability.
Clearly, network foods trading platform for third-party providers are not in accordance with the provisions of this law into food business operators to register, review the license or failing to fulfil their reporting obligations, cease to provide services such as online trading platform, by the food and Drug Administration penalty of between 50,000 yuan and 200,000 yuan, causing serious consequences, closure, until the original permit issuing authorities to revoke the licence.
≫> response
Taobao cat: would push the companies return policy
Taobao and cat said, businesses will not be get the real-name authentication shop keys, operating food businesses in its business, a legal person, shop owners and other basic information, on the application of store type also must provide the food circulation certificate, the food hygiene in food production license, the license and other documents and materials for review. Entry will vary depending on scope and situation of the shop after periodic alignment, spot checks and audits. Once consumers find food, Taobao and cat will keep urging businessmen to return and measures taken in advance for payment. In addition, according to the trade and the extent of the problem, also in accordance with national statutory regulations, coordinate and supervise the business for restitution or compensation. (Reporter Zhu Jianhe)
Micro letter: recommendations to the formal channels to buy food
Due to the rise of social networks, and individual users in the circle of friends doing food business also began to appear. Friends of micro-credit through personal accounts, selling food, drug monitoring? Micro-operations team respond yesterday said: "the circle of friends is a private social network, we are opposed to excessive marketing of circle of friends, if you find this type of situation, welcome everybody to report. Food, the health of drug users, users are advised to go to normal and lawful channels. ”
Weixin team had also been stated that discourages individual micro-signals for marketing, the demand of users to the public. At present, micro-believe it or open services on micro-payment applications, and review the related businesses. (Reporter Liao Feng)
Infant formula illegal high values of proposed penalty 30 times
Clearly, the country formula foods for infant and young child exercised strict supervision and management. Production intended for infants and young children, and other primary and secondary food of a specific group of enterprises shall be in accordance with the good manufacturing practice requirements commensurate with the production of food production quality management system and ensure its effective operation. Manufacturers should be production quality management system on a regular basis the functioning of self-examination, and submitted to the local food and drug supervision and management departments of people's Governments at the county level self-inspection reports.
In addition, enterprises should implement whole process from raw material to finished product quality control, for ex-factory carry out lot-by-lot inspection formula foods for infant and young child, ensure that infant formula food safety.
Production of fresh milk formula foods for infant and young child, accessories, food additives, shall comply with the provisions of laws and administrative regulations and food safety standards. Formula foods for infant and young child should ensure that the nutrients required for growth and development of infants and young children. Infant formula manufacturers production of raw materials, product formulation and labelling should be to the people's Governments of provinces, autonomous regions and municipalities, such as food and drug supervision and Administration Department for filing.
In addition, the draft explicitly, not to delegate, label, packaging production of infant formula milk powder, not use different brands of the same formula of infant formula milk powder.
Penalties were also made clear in the draft, produce nutrients do not meet food safety standards intended for infants and young children, and other primary and secondary food of a specific group will be overseen by the food and Drug Administration to revoke the licence. Confiscation of illegal gains, illegal food production and for the illegal production of tools, equipment, raw materials and other items; food value of illegal production and trade of less than 10,000 yuan, and a fine of 150,000 yuan. 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.
And for this class products of operators, and commissioned, and posted brand, and points loaded way production infant formula milk powder, or to same formula production different brand of infant formula milk powder, behavior, draft also clear, will confiscated illegal proceeds and operating of food and the production operating of tool, and equipment, and material,, while goods value insufficient 10,000 yuan of and at 50,000 above 100,000 yuan following fine, goods value amount 10,000 yuan above of, and at goods value amount 10 times times above 20 times times following fine, plot serious will was revoked license.
Experts point out that, in the domestic market "foreign milk powder" of variable quality in OEM production process, it is difficult to realize whole-process supervision for product and pose a safety risk, made the provisions of the Bill, has a strong practical relevance.
Health foods into the food safety supervision system
For regulatory "gaps" health foods, draft supplementary regulations, the State claimed to have specific health functions of food (hereinafter referred to as the health food) exercise strict supervision and management.
Clearly, health food shall not cause acute, subacute or chronic hazard, its labels or instructions shall not be involved in disease prevention, treatment, the content should be true, and should record the crowd, it's not the population, functional components or iconic elements and their content; the functions and composition of the product shall be consistent with the labels and instructions. Health food products should be imported for the first time exporter (regional) authorities allowed the sale of products.
It also requires production of raw materials of health food should be safe and harmless to the human body. Health foods claiming health benefits, should have a scientific basis. Can be used for production of health food production but may not be used for other food substances list (hereinafter referred to as can be used for raw materials of health food directory) and the directory allows health foods claiming health benefits shall be formulated by the food and drug administration under the health Administrative Department under the State Council, the State administration of traditional Chinese medicine developed, adjusted and promulgated.
In addition, requires the use of new raw materials of health food and health food products should be imported for the first time by the State food and drug supervision and management departments registration. Health food registration, the applicant shall submit a report of the development of health food, product formulation, production, safety and health function evaluation, labels, brochures and other materials and samples, and provide the relevant supporting documents.
-Safeguards
Clear recall of food recall system
Clearly, countries establish a food recall system, food producers found that food does not meet the food safety standards or there is evidence that may be harmful to human health, should cease production immediately, recall of marketed foods, notify the relevant business operators and consumers, and to record information on recalls and alerts.
Food business operators found their food does not meet the food safety standards or there is evidence that may be harmful to human health, it shall immediately cease operating, notify the relevant business operators and consumers and recording ceased to operate and notifications, and food production considers it should be recalled, it should be immediately recalled.
Draft stipulates that food producers should recall foods remediation, decontamination, destruction of measures taken to prevent them from once again into the market. But due to the labels, signs or instructions do not meet food safety standards and recalls of food, food producers in taking remedial measures can guarantee food security can continue to sell; sales shall provide consumers express remedy.
Processing of food recalls and food producers should be reported to the County Government's food and drug supervision and Management Department; need for decontamination, destruction of the recalled food, should be reported in advance the time and place. Deemed necessary by the food and drug administration, and on-site supervision. Food producers and did not recall in accordance with the provisions of this article or may cease to operate, government food and drug supervision and administration departments at or above the county level may be ordered to recall or stop operating.
Security liability insurance diversify risks
40duowanjia of China's food production and processing enterprises, mostly small and medium enterprises, moreover, also difficult to gauge the number of food stores, street vendors. Long chain for food industry, especially small and medium enterprises processing capacity is weak, its cultivate links upstream and downstream logistics and transport links are a security risk, and market.
For this, the Bill explicitly States encouraged the establishment of liability insurance system of food safety to support liability insurance of enterprises engaged in food production for food security, specific management measures shall be formulated by the State food and drug supervision and administration under the State Council's insurance regulatory bodies.
Even the strict control that food business risk and management of accidents is difficult to absolutely avoid. Central University of finance and law Professor Gao Qinwei believes that provisions that draws on the experience of other countries, Governments attempt to achieve diversification of regulatory tools, this insurance system is able to increase food safety valve, dispersed food enterprise's business risk, also allows consumers to get their entitled compensations in case of accident.
(Original title: online food trading platforms bear joint and several liability)
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