Shop Sale Problem Food trading platform should bear joint and several liability, and first pay

Source: Internet
Author: User
Keywords Shop trading platform responsibility
Tags administration consumer consumers health care products health products how to how to buy joint

Absrtact: How to buy food online, there is no provision in the current food safety law. According to the revised draft Food safety law, which was tabled at the Nineth meeting of the NPC Standing Committee yesterday, the third party platform for network food trading, if not complied with

How to buy food online, there is no provision in the current food safety law. According to the revised draft Food safety law, which was tabled at the Nineth meeting of the NPC Standing Committee yesterday, the third party platform of Network food trade, if it fails to fulfill the stipulated obligation, causes the consumer's legitimate rights and interests to be infringed, shall bear joint and several liability, and pay first.

According to the State administration of food and drug supervision, the current food safety law in some areas still exist gaps, such as health food supervision, online food supervision and so on. The revision of the law, in recent years the rise of the internet shopping a new rule.

The draft stipulates that the network food trading Third-party platform provider should obtain food production and operation license, should check the license of the network Food operators or the network Food operators to register the real name, bear the responsibility for food safety management.

Third-party platform providers found that the network food operators in violation of Food Safety Act, should be stopped in time, and immediately report Third-party platform provider food production and management license issued by the Food and Drug Administration department.

What is the problem with the food you buy? The draft is clear, consumers through the network food trading Third-party platform to buy food, the legitimate rights and interests of the damage, can be to the network food operators or food producers to seek compensation.

According to the draft, third party platform providers are compensated if the third party platform provider cannot provide the real name, address and effective contact form of the food operator in the network. The third party platform provider shall be entitled to recover from the net food operator or food producer after compensation.

To raise the threshold of selling food for electricity dealers

Earlier, Xinhua has reported that fake brand food, near shelf life of food, or even "three food", is the netizen reflects the most of the online food shopping problem. Because the food purchase channel is not clear, food publicity is not real, storage and transportation is not standardized, food safety incidents retrospective difficult, after the maintenance of the difficult reasons, online shopping for food generated by the consumer disputes appear.

Zhongxiaoxie's data show that the first half of 2013, the National Association of Consumer Associations to receive online shopping complaints 16,408, an increase of 99.7%, of which food is the key area of online purchase complaints.

Liu Junhai, a professor of law at Renmin University of China, told the Beijing News that the current online shopping for a mixed-bag situation, mainly in two aspects: first, open shop of the main body of credibility is not the same, the second is the food itself safety is different.

Liu Junhai that the network Third-party trading platform should be for consumers to "stand good, good off." Taobao, for example, according to the Food Safety Law revised draft, if consumers in Taobao to buy quality problems of food, Amoy Baoying first to consumers pay, and then Taobao again to the merchant recovery.

Experts say that standardizing the network's third-party platform will raise the bar for selling food on the platform.

Introduction of "Filing system" for health care products supervision

How to manage all sorts of health care products on the market? According to the revised draft of food safety law, the supervision of health food in China is proposed to introduce a "record system".

The implementation of health care products management in China began in the 1996. According to the current management method of health food, health products listed need to be pre-approval, but also the product "Case approval" system, that is, the product as the unit for review and approval, regardless of the main components of the product is the same, need to follow the same approval process.

Xinhua has reported that, in the allocation of regulatory resources, review and approval of a large number of resources, and the incident, the process of regulation and market supervision of the allocation of resources is relatively weak, resulting in "Heavy examination, light supervision" status quo.

Public reports show that last July, including Connaught Source, Cofco, Shanghai Jiaotong University, Wahaha, Cambe, north China Pharmaceutical and other more than 100 enterprises to the state Food and Drug Administration and the State Council's legal Office to amend the Food Safety law proposed, called for through the classification of management to introduce the filing system.

Against the filing system, the view that from the prior approval to record management, will lead to more disorderly health care products market.

He Ji, an associate professor of food science and nutrition engineering at China Agricultural University, said in an interview with the Beijing News that the filing management of health care products is international management and does not mean relaxing management.

The approval system is a predecessor constraint. The implementation of the filing system, the government should be based on the formula to check the composition of health products, quality, but the whole link to the matter later supervision. "He Ji that, if the implementation of the filing system, the relevant departments of the supervision of enterprises must keep up with, found that the product and the record of the situation is not consistent with the enterprise punishment, can also manage health care products market."

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