Food and Drug Administration: not anything can be done trading platform

The "Food Safety Law of the People's Republic of China (Draft Amendment)" (hereinafter referred to as the "Draft Amendment") concerning the "safety on the tongue" of the people has been initially considered by the Ninth Session of the Twelfth NPC Standing Committee. Shortly after, the draft revision The full text of the draft was announced on the website of China National People's Congress and public opinions were collected from the public.

During the scrutiny of the NPCSC, "the most stringent code in history" raised concerns. Among them, the third-party online trading platform of the network will assume joint and several liability, and other issues such as rationalizing the food regulatory system "governing the floods in Kowloon" have all brought about extensive discussions in the community. In response, reporters interviewed relevant officials and experts and scholars to explain the above issues.

Difficult to establish cooperation mechanism is not small

Beijing Times: The revised draft said that is to rationalize the food regulatory system, but still many departments involved in the management?

Luo Yunbo (Dean, School of Food Science and Nutritional Engineering, China Agriculture University): China's food regulatory system seems to be "treating floods in Kowloon." However, careful analysis shows that the overall situation is two-stage management. One is the agro-food products in the farming and aquaculture industries , Is managed by the agricultural sector. In addition, the current food, from the processing, marketing, catering, distribution, etc., by the State Food and Drug Administration as the main body. The other departments are just a few additions that have greatly changed from the "Kowloon flood control" in the past.

Beijing Times: In the actual implementation, the interface between departments encountered many problems, how to solve the draft amendment?

Zhang Yongjian (Director of the Research Center for Food and Drug Industry Development and Regulation, Chinese Academy of Social Sciences): In fact, the establishment of a collaborative system in the real process of food safety regulation is mentioned many times in the Food Safety Law. I personally think this is not a difficult task. So far, so many departments are not able to establish an inter-departmental food safety information platform, both financially and technologically, but why they can not do so. So if we can really build a framework of a scientific and efficient collaboration mechanism from the perspective of top-level design, I think it may be helpful to clarify the responsibilities and responsibilities of such collaboration and effectively solve the problems of collaboration and efficiency across departments and departments .

Uncontrolled disclosure of information is restricted

Beijing Times: Inter-departmental food safety information platform is so important?

Wang Chenguang: Establishing a unified information platform for food safety is a very important pillar of the most stringent food safety regulatory regime that we vigorously build this time. If the food safety problem does not have an open and comprehensive information platform, our supervision will be greatly restricted. Such a platform for monitoring information needs to solve the problem of how to handle floods in Kowloon and solve the problem of how information among administrations and relevant parties should be interopened. At the same time, in the second aspect, he should be open to the public so that all kinds of organizations in all societies, including citizens and consumers, can find out the creditworthiness of the producers and traders, their credit status in past food production, etc. , They also have immediate access to alerts or questions about some of the risks associated with food safety. So such a platform should be an open and timely.

Beijing Times: This brings a question, who is the implementation of the release of this information platform?

Wang Chenguang: Indeed, if the release is without any control, this will produce a variety of problems, on the one hand the information may be fast, no one can paste, on the other hand, there will inevitably be some false, or even Catching the eye, this information will have a great impact on the public, and even cause some kind of social panic. Therefore, the release of information certainly requires his accuracy and scientific nature.

□ About the most severe code

Not by the government go it alone

Beijing Times: Food Safety Law revised draft "increase the establishment of the most stringent food regulatory system," how to build the system?

Wang Chenguang (Professor of Law School, Tsinghua University): Establishing the most stringent food regulatory regime is imperative. However, it does not mean that the government should take sole responsibility for regulatory responsibilities. Instead, it should establish a comprehensive food safety management system led by the government and involving the whole society system. For example, some institutions for testing, assessing and testing may become more and more socialized and become more than just government-affiliated institutions and truly become independent social organizations. At the same time, the entire social co-governance includes the protection of consumer rights organizations and other agencies to participate, as well as the vast number of consumers, forming a set of linked, systematic supervision of food safety system, only the community Network system has been established in order to form the most stringent regulatory system.

Beijing Times: This so-called the most stringent regulatory mechanisms how to implement it?

Wang Xu (Associate Professor, School of Law, Renmin University of China): The revised draft food safety law has exceeded the single punishment in the mode of responsibility and reflected the diversity. Both property penalty, but also some people punishment, as well as qualifications and fines, such as life-long forbidden him to enter the food industry again. He also banned him from entering the food industry for a certifier who caused a major accident and a food safety inspector. In addition, in terms of responsibility convergence, the draft based on the civil liability, administrative responsibility, criminal responsibility to make a seamless connection. If consumers are harmed by food safety, they can not only raise the liability for the producer, but also put forward the responsibility of the operator. The draft puts forward the principle of taking the down payment responsibility system, which prevents the responsible persons from pushing each other. The convergence of such a system of responsibility, seamless docking, in fact, but also for the application of the law does not leave dead ends, can make the responsibility to the ground.

□ on the network transactions

Currently there is no standard system

Jinghua Times: Amend the draft network of food transactions into the field of food safety law, have not considered the regulatory difficulty more?

Wang Chenguang: Internet trading is now the trend of the times, and now the national regulatory authorities are also formulating the relevant regulations, related to the network of food and drug transactions. The draft revision to the Food Safety Law is an essential part of writing online transactions as a key aspect of future regulation. Our country's food production has its own characteristics. The production of agricultural products and primary food products is very fragmented and individualized. How to supervise these food products more strictly and effectively is a problem that needs to be considered in the revision of law. In reality, the current system of food transactions on the Internet does not form a standardized system.

The Supreme Court has also given judicial explanations on the issue of online sales in the "Several Provisions on the Application of Law in the Trial of Disputes over Food and Drug Disputes" and has already come into effect. However, it has not yet implemented any effective measures on the implementation of individualized online transactions Regulatory, here mainly refers to the large manufacturing enterprises and large network operators.

With sound and sound food safety system, trading on the Internet platform, both large enterprises and small ones, must be regulated. Anyone engaged in online food transactions, must be real names, must have qualifications. As now, this way of having an account can be sold online, with the improvement of regulatory system should be effectively included in the scope of supervision, engaged in online food trading, sales, and even publicity, should bear the corresponding legal responsibility.

Trading platform must be sustainable

Jinghua Times: how to define the third-party platform?

Wang Chenguang: actually refers to a third party to operate an online trading platform that can generate contracts, be able to conduct online payment and settlement, as well as the final order of online trading, providing a relatively perfect trading platform, and is a continuous rather than an individual The deal between.

Jinghua Times: Taobao, Shop No. 1, Jingdong and Weibo, WeChat third-party joint and several liability is different?

Chen