Welcome to Ezhou YiCheng Plastic Packaging Products Co., Ltd. Official website!

logo
搜索
Search
imgboxbg

.

News Center

"Food Safety Law" overhaul, increase compensation and punishment into focus

(Summary description)Following the promulgation of the new Consumer Rights Protection Law on October 25, the Food Safety Law (Revised Draft for Review) (hereinafter referred to as the draft) also met with consumers on October 29. As of November 29, the draft The public solicitation of opinions ends. In the stage of soliciting opinions, many legal experts, consumers and netizens expressed their opinions. Many experts and consumers believe that the revised draft has many highlights, which fully reflects the revised legislative principles and ideas. The revision process also highlights my country’s direct food The courage of the current security situation and hotspots and difficult issues, as well as the rebuilding of people’s confidence and determination in food safety.

"Food Safety Law" overhaul, increase compensation and punishment into focus

(Summary description)Following the promulgation of the new Consumer Rights Protection Law on October 25, the Food Safety Law (Revised Draft for Review) (hereinafter referred to as the draft) also met with consumers on October 29. As of November 29, the draft The public solicitation of opinions ends. In the stage of soliciting opinions, many legal experts, consumers and netizens expressed their opinions. Many experts and consumers believe that the revised draft has many highlights, which fully reflects the revised legislative principles and ideas. The revision process also highlights my country’s direct food The courage of the current security situation and hotspots and difficult issues, as well as the rebuilding of people’s confidence and determination in food safety.

Information

Following the promulgation of the new Consumer Rights Protection Law on October 25, the Food Safety Law (Revised Draft for Review) (hereinafter referred to as the draft) also met with consumers on October 29. As of November 29, the draft The public solicitation of opinions ends. In the stage of soliciting opinions, many legal experts, consumers and netizens expressed their opinions. Many experts and consumers believe that the revised draft has many highlights, which fully reflects the revised legislative principles and ideas. The revision process also highlights my country’s direct food The courage of the current security situation and hotspots and difficult issues, as well as the rebuilding of people’s confidence and determination in food safety.
Maintaining the right to safety of eaters: is the purpose of law amendment
"The "Food Safety Law" clearly stated in the first article that this law was formulated to ensure food safety and protect the health and safety of the public. It is the legislative purpose of the "Food Safety Law" to safeguard consumers' right to food consumption." At the draft seminar jointly organized by the China Consumer Rights Protection Law Research Association, the China Health Law Society and other units at the end of November, He Shan, a well-known legal expert and president of the China Consumer Rights Protection Law Research Association, said this.
Food hygiene and safety are not only related to the health and lives of the people, but also affect the development and future of the nation. The revised draft has issued a number of regulations to further protect consumers' right to safety. For example, regarding the quality and safety of the milk powder market that consumers are most concerned about, the draft stipulates that relevant supervision should be strengthened, and the OEM of infant milk powder is prohibited. Food production enterprises that produce formula foods for infants and young children shall file the raw materials, product formulas and labels with the food safety supervision and administration department for the record. The revision of the Food Safety Law strengthens the country's strict supervision of all infant formula foods including formula milk powder from the legislative level. The draft stipulates that the production of infant formula foods by commission, OEM, or sub-packaging is prohibited, that is, it is strictly forbidden to import large-package infant formula foods to the country for sale in sub-packaging. The introduction of this new policy will prevent the occurrence of adverse events such as replacing expired milk powder abroad with new ones for sale.
Increasing the civil liability of offenders: effectively protecting consumers
Professor Liu Junhai, vice president of the China Consumers Association and director of the Institute of Commercial Law of Renmin University of China, is a member of the expert steering group for the revision of the Food Safety Law of the State Food and Drug Administration. He introduced in an interview with our reporter that the Food Safety Law It is an administrative law with relatively few civil provisions, and the trend of modern food safety is to emphasize the relationship with consumers. During the revision process, he proposed to increase the content of this aspect from general provisions to legal liabilities. "The draft has many highlights in adjusting relations with consumers and increasing the civil liability of offenders, among which two are more prominent." Liu Junhai analyzed. First, the draft stipulates that food that does not meet food safety standards is produced or sold. Knowing that it is food that does not meet the food safety standards, in addition to claiming compensation for losses, consumers may also demand compensation from the producer or seller for ten times the price or three times the loss. If the amount of compensation is less than 1,000 yuan, 1,000 yuan shall be compensated. In addition, the draft requires providers of third-party online food trading platforms to obtain food production and business licenses and assume responsibility for food safety management; if they fail to perform their legal obligations and infringe on consumer rights, they shall bear joint liability and pay first. Experts explained that there are regulatory gaps in the Food Safety Law that need to be improved for new circulation models such as online sales and online shopping of food. Therefore, the draft adds legal provisions to establish a food online transaction supervision system.
Zhang Yishan, deputy secretary-general of the Chinese Society of Health Law, said that once a food safety incident occurs, how to enable consumers to get compensation quickly and in a timely manner is a difficult problem in handling food safety incidents in the past and a hot spot of social concern. Major breakthrough. The draft stipulates that the state intends to establish a food safety liability compulsory insurance system to effectively protect the rights and interests of consumers. According to the compulsory insurance system, food production and operation enterprises shall insure food safety liability compulsory insurance in accordance with relevant state regulations.
Increasing punishment and risk management: reinforce scientific supervision
"Increase penalties and improve the connection of executions, which reflects the legislative thinking of heavy punishment and chaos in the revision of the Food Safety Law." Hu Jihua, Inspector of the Civil Law Office of the Legal Work Committee of the National People's Congress, introduced in an interview with our reporter, "Food Safety Law" 》Is an emergency law promulgated after the "Sanlu Incident" to promptly regulate food safety standards, regulate business operations of businesses, clarify the legal responsibilities of offenders, and strengthen consumer protection and punishment for untrustworthy businesses. "However, since the introduction of the Food Safety Law in 2009, a law has been overhauled only 4 years later, showing its limitations and the severity of food safety issues." Hu Jihua believes.
Wu Jingming, an associate professor of the School of Civil, Commercial and Economic Law of China University of Political Science and Law, emphasized in an interview with our reporter that it is not only the clear instructions of the central and state leaders, but also the legal profession to emphasize the rule of chaos, improve the food consumption environment, and reshape consumer confidence. The unanimous view of the People’s Republic of China is that it is an important idea and principle in the revision of the Food Safety Law to reinforce the rule of law.
The revised draft has increased penalties, and illegally added fines up to 30 times. In addition to civil liability, the draft also improves the financial penalties for those who violate food safety laws and regulations. The draft also improves the execution mechanism; in terms of property penalties, the amount of fines for illegal additions and other acts that seriously endanger food safety is stipulated by the original law In terms of qualification penalties, the draft proposes that those who have been sentenced to fixed-term imprisonment or higher for food safety crimes shall not be allowed to engage in food production and operation management for life.
The heavy-duty control of chaos goes hand in hand with scientific supervision. Sun Ying, a professor at China University of Political Science and Law, believes that current food safety risk management has been widely recognized and gradually promoted internationally. The introduction of the Food Safety Law in 2009 introduced risk management concepts into my country's food safety governance. The Food Safety Law clearly states that the country should establish a food safety risk monitoring system and a food safety risk assessment system. The results of food safety risk assessment are the scientific basis for formulating and revising food safety standards and monitoring and managing food safety. In the course of more than 4 years of implementation, the "Food Safety Law" has played an important role in food safety governance, and the idea of ​​risk management has gradually been accepted and recognized by the Chinese people. "However, it is not difficult for us to find that the current food safety risk management still has certain shortcomings and defects. To better solve the food safety problem, it is necessary to conduct more in-depth research on food safety risk management, and to implement legal regulations. Better innovation and design is one of the ideas that the draft revision follows.” Sun Ying said.
Tips
The first major overhaul of the Food Safety Law
This revision is the first major revision of the Food Safety Law since its implementation in 2009. It is reported that the revision work was incorporated into this year's legislative plan by the State Council at the beginning of this year. After deliberation, on October 10, the revised draft was submitted by the State Food and Drug Administration to the State Council for review. In order to enhance the openness and transparency of legislation, the Legislative Affairs Office of the State Council will publish the full text of the draft for review and its amendments, and the comparison table between the draft for review and the current legal provisions, so as to solicit opinions from all sectors of society.
As a regulatory tool, taxation will play an important role in protecting the interests of the domestic grain industry and farmers. However, the continued implementation of quota management in 2014 means that the protection policies for wheat and other agricultural products remain unchanged.
Sun Guangmei, an agricultural product analyst at Zhuo Chuang Information, introduced to the "Daily Economic News" reporter that my country implements a quota system for grain imports. The tariff rate for quotas is 1%, and the tariff rate for those without quotas is 100%. "Last year, the total imports of the three staple foods accounted for 1.9% of the total domestic food that year. The current imports of grains still have not reached the quota. Even if the quota is reached, the percentage of total domestic production is small."
The Central Economic Work Conference held recently set food security as the top priority for next year’s economic work, requiring "effective protection of national food security." Relevant experts said that the current tariff protection for wheat and other agricultural products is very necessary. If agricultural tariffs are completely liberalized, the impact on my country's agriculture will be great.
In addition, the "plan" also mentions that the quota tax rate for urea, compound fertilizer, and diammonium phosphate is subject to a 1% tax rate. It is understood that there are 8,277 tax items for royalties in 2014 after adjustment.