The newly amended regulations on the implementation of the Food Safety Law will come into effect on December 1 to implement the "strictest supervision" to people.
Recently, the State Council issued the newly revised regulations on the implementation of the Food Safety Law of the people's Republic of China (hereinafter referred to as the "regulations"), causing concern. On November 12, the Information Office of the State Council held a routine briefing on the policy of the State Council, inviting Sun Mei-Jun, deputy director of the State Administration of Market Supervision and Administration, and Wang Zhenjiang, director of the third Bureau of legislation of the Ministry of Justice, to introduce the situation and answer
In recent years, the situation of food safety in China has been improving continuously, but at the present stage, the pattern of "small, scattered and low" in the food industry has not been fundamentally improved. The chain of food "from farmland to table" is long, the volume is large, and the risk contacts are many. Due to the low cost of violation of laws and regulations, the lack of regulatory technical means, coupled with the lack of corporate ethics, perverting the law for profit, food safety problems still occur from time to time, the need to strengthen governance; At the same time, the food industry new technology, new technology, new business type, new business models emerge in endlessly, but also need the corresponding laws and regulations to regulate and guide the main body of the market. The current regulations on the implementation of the Food Safety Law were promulgated in 2009, and some of the relevant provisions have lagged behind, so it is necessary to make a comprehensive revision.
Sun Mei-Jun said: the revision of the regulations on the implementation of the Food Safety Law persists in taking the people as the center and adhering to the "four strictest" requirements, making up for weaknesses, strong and weak points, and good governance with good laws on the basis of the Food Safety Law. To protect the "safety on the tip of the tongue" for the masses of the people. The amended Ordinance, with a total of 10 chapters and 86 sections, will come into effect on 1 December.
The regulations put forward clear regulatory measures for specific problems. For example, it is forbidden to make false propaganda on food by any means such as meetings, lectures, health consultation, etc., and to make provisions on the management of special food inspection, sales, labeling instructions, advertisements, etc. The publication of inspection reports issued by inspection institutions without legal qualifications is prohibited; the contents of the examination and verification of overseas exporters and production enterprises by importers are clarified. In order to further improve the efficiency of supervision, it is proposed to build a team of professional food safety inspectors; give heavy awards to internal whistleblowers; formulate and publish a list of illegally added substances in food, supplementary inspection methods, and so on.
The regulations strengthen the punishment for violations of the law. For example, increase the illegal cost, add the "punishment to the person" system, up to 10 times the annual income of the legal representative and the relevant responsible person, establish a "blacklist" system for serious illegal food producers and operators, and implement joint credit punishment. We will improve the convergence mechanism between food safety administrative law enforcement and administrative detention of public security organs. Wang Zhenjiang said: to put it popularly, it should also be a great responsibility to make more money. If something goes wrong, not all the grass-roots operators should bear the responsibility, and the enterprise managers should bear the corresponding responsibility.
Wang Zhenjiang said: the "regulations" regard the implementation of "punishment to people" as the basic requirement, and clarify several cases in which individual fines are imposed on individuals responsible for illegal units. One is that food production and marketing enterprises and other units intentionally commit illegal acts. One is that the nature of the illegal act is bad, and the other is that the illegal act has serious consequences.
The regulations specify five specific acts that belong to serious circumstances, such as the value of the goods is more than 20,000 yuan or the duration of the illegal act is more than three months, intentionally providing false information or concealing the true situation, and refusing to evade supervision and inspection. It's all serious.
In response to online food safety issues that consumers are increasingly concerned about, Sun Mei-Jun said: the state has successively issued measures for the administration of food safety sampling inspection and measures for investigating and dealing with violations of food safety on the Internet, and there are detailed requirements for sampling inspection procedures and verification and disposal. And specifically for the network sampling set up a "mysterious buyer" system. For repeated network platform stores, the Food Safety Law provides for an "administrative recidivism" system. If the producer and operator are subject to administrative penalties three times in a year, the market supervision department may order the suspension of production and business until the license is revoked. The newly revised regulations clearly define this repeated violation of the law as a serious situation. If the food operator who enters the network repeatedly breaks the law, or causes serious consequences, the market supervision department may also interview the legal representative or the main person in charge of the platform.
In response to the people's concern about the pork consumption market, Sun Mei-Jun said that the safety of pork food is guaranteed. Since the beginning of this year, the national market regulatory authorities have sampled a total of 23000 batches of pork products, and the overall qualified rate of the samples is 99.5%. At the same time, the market regulatory authorities have dealt a heavy blow to the illegal acts found, will not tolerate them, investigate and deal with illegal acts such as fabricating and spreading price information to drive up prices in accordance with the law, and resolutely safeguard the market environment for fair competition. (reporter she Ying)