hg 0066..com Ten Food Safety Law Events Released in 2015: Poison Sprout Case Selected

Ten Food Safety Law Events Released in 2015: Poison Sprout Case Selected

Source of information: Time: 2020-02-21 02:35:45

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According to the "Legal System Daily" reported on December 16, the "Food Safety Strategy and the Rule of Food Safety Law" co-sponsored by the Food Law and Rule of Law Research Center of the Chinese Law Society, Shenzhen University School of Law, and the Regulation and Public Policy Research Center of Shenzhen University The "Symposium" was held in Shenzhen University, and the China Law Society Food Safety Rule of Law Research Center and Shenzhen University Regulation and Public Policy Research Center jointly released the top ten typical events of food safety rule of law in 2015.
Food Safety Law amended for the first time since implementation in 2009
Aiming at the outstanding problems that still exist after the implementation of the Food Safety Law, fully reflecting the "four strictest" spirit put forward by the Party Central Committee, and reflecting major adjustments to the food safety supervision system in a timely manner, the Food Safety Law was launched four years after its implementation. The law amendment procedures have been included in the 2013 Legislative Plan of the State Council and the 2014 Legislative Plan of the Standing Committee of the National People's Congress. After more than two years, through soliciting opinions from multiple parties, and after three deliberations, on April 24, 2015, the 14th meeting of the Standing Committee of the 12th National People's Congress voted to pass the newly revised Food Safety Law. The new law has been described by the media as the "toughest food safety law in history." The new law revised about 70% of the original law and increased it from 104 to 154. The new law reflects the results of the reform of the food safety regulatory system, highlights the principles of food safety prevention, risk management, full-process control, and social co-governance, strengthens the source control of food safety, highlights the supervision of special foods, and aggravates violations of the law Penalties for violations.
Food Safety Awareness Week advocates "comprehensive promotion of the level of legalization of food safety"
In order to implement the spirit of the Fourth Session of the 18th Central Committee of the CPC, and in accordance with the unified deployment of the State Council, the annual National Food Safety Awareness Week was held from June 16 to July 2, 2015. The theme of this year's Food Safety Awareness Week is "Suntech abides by the law and comprehensively improves the level of legalization of food safety." Eighteen central departments, including the Ministry of Public Security, the Ministry of Agriculture, the Ministry of Commerce, and the National Health and Family Planning Commission, carried out various forms of learning and advocacy, seminars, exchanges, education and training activities around the two main propaganda lines of "rule of law" and "integrity." Following the law and trustworthiness model, promote the construction of the integrity system in the food field, and promote the industry atmosphere and value orientation of Suntech's law compliance.
Publicity Week promotes the newly revised Food Safety Law in a timely manner, strives to promote food safety supervision departments at all levels to further strengthen the concept of the rule of law, improve the level of administrative and regulatory enforcement, and actively guide food companies and practitioners to learn, know, abide by, and use laws It has played an active role in improving the awareness of the rule of law on food safety in the whole society and creating a strong atmosphere of co-governance in food safety society.
Business, government, and industry alliances battle food rumors
On May 26, with the support of the Central Internet Information Office, the State Food and Drug Administration, the General Administration of Quality Supervision, Inspection, and the Ministry of Agriculture, a seminar on "purifying the Internet environment and cracking down on food rumors" was held in Beijing. Many departments have stated that they will jointly combat online food rumors, cooperate closely, jointly enforce law, and establish and improve a network blacklist system. On August 28, with the support of the aforesaid four departments and Xinhua News Agency, Xinhuanet jointly established the Food Industry Association, research institutes and industry workers to establish the China Food Rumors Union. On September 29, the China Food Rumors Union announced the first food rumor list. Five online rumors including "Maca is the" aphrodisiac medicine "and" eating crayfish equals eating garbage "were selected.
The spread of food network rumors has brought "security anxiety" to the public and hurt the healthy development of the entire food industry. To eliminate online food rumors, it is necessary to further strengthen information disclosure and popularization work, actively cultivate market-oriented and socialized pluralist forces, introduce crowdfunding mechanisms such as rumor-breaking alliances, and new media methods to prevent catastrophic suppression of the entire industry.
Standardization of food sampling information released by the State Food and Drug Administration
On February 1, the "Administrative Measures for Sampling Inspection of Food Safety" of the State Food and Drug Administration officially came into effect. The "Measures" require national and provincial food and drug departments to aggregate and analyze the results of food sampling inspections, and to publish them regularly or irregularly. On February 4th, the State Food and Drug Administration launched the "Food Sampling Information" column on the official website, which specifically released national and provincial food sampling announcements, and basically released sampling inspection announcements every week. On June 30, the State Food and Drug Administration established a food sampling information query platform. The platform covers the sampling information published by the General Administration since 2015, and all sectors of the community can conduct fuzzy queries through the platform to understand specific information.
At this point, the release of food sampling information has entered a standardized and normal track. This will play an important role in improving the level of food safety supervision and enforcement.
Huishan Dairy High Calcium Milk Sales Safety Warning Event
Hebei Food and Drug Administration found in food safety risk monitoring that there was a batch of high-calcium milk that was nominally produced by Liaoning Huishan Dairy Group. The detection value of sodium thiocyanate was higher than the national food safety risk monitoring reference value. To this end, the bureau issued a food sales safety alert on September 24. After that, the Bureau also conducted emergency sampling inspections on the other 7 batches of liquid milk products produced by the Huishan Dairy Group, which all met national food safety standards. The bureau comprehensively evaluated the situation of multiple inspections, and on September 29, the product sales safety warning was cancelled. On September 30, the China Dairy Industry Association issued a statement that the Hebei Food and Drug Administration's law enforcement process did not comply with relevant laws and regulations.The inspection report did not have legal effect and could not be used as a basis for law enforcement. A series of problems such as the qualification of sodium, the test results issued by the company did not meet the prescribed procedures. The association asked Hebei Food and Drug Administration to apologize publicly. This incident shows that how to standardize the risk warning work and properly release food safety information needs to strengthen research and judgment and improve the mechanism.
International research agency "carcinoma of red meat" report sparks heated debate
On October 26, the International Cancer Research Organization (IARC) of the World Health Organization (WHO) released a report listing processed meat products as "carcinogens" (Class 1 carcinogens) and red meat as "more likely carcinogens" (Class 2A carcinogens). Regarding the safety of processed meat and red meat, the report was repeatedly bombarded by meat associations in China and the United States. The World Health Organization responded that it is not yet possible to fully reveal how red meat and processed meat products lead to an increased risk of cancer. However, scientific reports will not be rejected because of protests. International cancer research institutions provide scientific evidence, and countries and international organizations will use these recommendations as a basis for action. On November 4, the official Weibo of the National Health and Family Planning Commission 12320 Health Charity Hotline invited Ma Guansheng, a professor at the Department of Nutrition and Food Hygiene of the School of Public Health of Peking University, to answer questions online and respond to the hot discussion in the form of a micro-interview to guide the public on how to be correct Eat meat. Under the background of economic globalization and "Internet +", effectively conducting food safety risk communication is not only more important, but also more urgent.
The Ministry of Agriculture has been caught in administrative lawsuits for the disclosure of genetically modified information
This year, three administrative lawsuits against the Ministry of Agriculture involving disclosure of genetically modified information have been accepted by the Beijing Third Intermediate People's Court. There are constant disputes around genetically modified foods, and no consensus has been reached. The three cases are intended to clarify the truth with the help of justice. At the beginning of this year, the "Certain Opinions on Strengthening Reform and Innovation and Speeding up Agricultural Modernization" issued by the Central Committee of the Communist Party of China and the State Council proposed for the first time to strengthen the scientific popularization of agricultural genetically modified organisms. Obviously, reaching a consensus on the issue of genetically modified foods still requires a difficult process.
"Gold leaf into wine" incident response in a timely manner
Earlier this year, the official website of the National Health and Family Planning Commission published the "Letter from the General Office of the National Health and Family Planning Commission on Soliciting Opinions on the Approval of Gold Foil as a New Variety of Food Additives", which caused social controversy. As the attitudes of industry associations and experts are not positive, public opinion continues to ferment. On February 4, Zhong Kai, an associate researcher at the National Food Safety Risk Assessment Center, published an article "Is gold leaf wine really safe?" In a Sina column, stating that the news of gold leaf wine is skyrocketing, and consumers, industry associations and experts agree. Tucao health department, in fact, this matter is not so complicated, it just sounds "unbelievable" and touches the sensitive nerves of the public. On February 4, the National Food Safety Risk Assessment Center held a media communication meeting to explain the safety and necessity of gold leaf alcohol, and responded to three questions. Chen Junshi, an academician of the Chinese Academy of Engineering, said that the use of gold leaf alcohol has no effect on human health, and it is neither harmful nor helpful. Questioning the necessity of the process, he explained that gold is used internationally as a colorant for food additives to satisfy the needs of the senses.
"Poisonous bean sprouts" series of cases first acquitted
On June 16, the People's Court of Lianshan District, Huludao City, Liaoning Province sentenced the defendants Guo and Lu, who were not guilty, to a retrial case for the production and sale of toxic and harmful food. This is the first acquittal sentence in a series of "poisonous bean sprouts" cases. So far, the "poisonous bean sprouts" incident has taken a major turn for the better.
Despite the first innocence verdict, there is still a lot of work to be done on how law enforcement and the judiciary can unify their understanding, properly handle the resolved and outstanding cases, and how to fundamentally solve the "poisonous bean sprout" and similar issues. . The "poisonous bean sprouts" problem is a typical slice and fresh sample in China's food safety management. The scientific issues of legislation, the division of supervisory responsibilities, the connection between law enforcement and the judiciary, the establishment of judicial trial centers, the guidance of news and public opinion, the issue of risk communication capabilities, and the establishment of the concept of human rights protection deserve serious treatment. Deep reflection.
Online food safety supervision on the track of rule of law
In recent years, new types of Internet foods such as online food retail, online take-out ordering, and cross-border food e-commerce have developed rapidly, and food safety problems such as counterfeit foods and "black workshops" have continued to emerge. In response, the regulatory authorities responded quickly and actively explored the rule of law for online food supervision. The Food Safety Law of 2015 stipulates the food safety management obligations and responsibilities of third-party platforms for online food transactions in Articles 62 and 131. In August, the State Food and Drug Administration promulgated the "Measures for the Supervision and Management of Online Food Operations (Draft for Soliciting Opinions)"; in October, the General Administration of Quality Supervision, Inspection and Quarantine announced the "Detailed Rules for the Supervision and Administration of Cross-border E-commerce Imported Food Safety in Online Shopping Bonded Mode (Consultation Draft)" . The highlights of the two draft recommendations include: online food business should be licensed or filed; foods with potential safety hazards must be recalled; third-party platforms for online food trading have certain management obligations; imported foods should be accompanied by legal forms of Chinese labels and so on.

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