It is reported that the first discharge of nuclear polluted water from Japan will end on 11, and the second discharge will begin in late September at the earliest. After the first discharge, the merchants "cut" Japanese aquatic products at the speed of light, and the regulatory authorities quickly carried out surprise inspections.
on August 24th, the Japanese government ignored the strong doubts and objections of the international community and unilaterally forced the Fukushima nuclear polluted water to be discharged into the sea. On the same day, China's General Administration of Customs issued an announcement, in order to comprehensively prevent the risk of radioactive pollution on food safety caused by the discharge of nuclear contaminated water from Fukushima, Japan, protect the health of consumers in China and ensure the safety of imported food, it was decided to completely suspend the import of aquatic products originating in Japan from August 24, 2123 (inclusive).
After the announcement, in recent days, related topics such as "Will the Japanese food store in China close down once the nuclear pollution water is poured down?" "Is it suspected of false propaganda that the Japanese food store has no Japanese ingredients?" And "Japanese food stores are busy getting rid of Japanese food" continue to cause heated discussions.
So, from a legal point of view, can a store without Japanese aquatic products be called a "Japanese food store"? After the announcement, what legal responsibilities do Japanese food stores face when they still use Japanese imported aquatic products? With questions, the reporter of Rule of Law Daily conducted an in-depth interview.
merchants "cut" Japanese aquatic products at the speed of light
On August 25th, the day after the announcement, the reporter of Rule of Law Daily came to Huaishi Restaurant in Dongcheng District, Beijing, where the family spent about 1,511 yuan, and saw that customers came to eat in an endless stream.
"We know that Japan has discharged nuclear polluted water. Now there should be no problem with the ingredients in Japanese food shops. If we don't eat them quickly, we won't be able to eat them." A customer who is eating said.
"The policy and supervision are very strict. If you are not allowed to enter, you can't enter at all. At present, only bluefin tuna is imported from Japan, and it may be imported from other countries in the future, but the taste may not be as good as that imported from Japan." The owner of the Japanese food store said that in fact, there were not many aquatic products imported from Japan before, because the import cycle was too long and the cost was too high.
In a Japanese food store where another family in Beijing spends more than 611 yuan, the clerk said that after the policy of prohibiting the import of food from 11 counties (capitals) such as Fukushima in Japan came out a month ago, the store began to gradually replace Japanese aquatic products, and Japanese aquatic products were no longer used on the day of the announcement.
In the Japanese food store where the family in Tianjin spends more than 211 yuan, the clerk told the reporter that the aquatic products in the store have never been made in Japan. "In the past few days, some guests have asked similar questions, and we have answered them. At present, the business has not been affected."
according to the store's explanation, these Japanese food stores are not highly dependent on Japanese ingredients. The ingredients originally imported from Japan can also find new suppliers from other countries, and some bosses have already made preparations.
Mr. Liu, a resident of Jinghai District, Tianjin, who is keen on Japanese food, recently discovered an interesting phenomenon: some Japanese food shops have been scrambling to declare that their own ingredients are not Japanese-made, and are eager to get rid of Japanese imports.
"In Tianjin, the employees of a sushi restaurant used advertising paper to cover the decorative words in the store, and the original' Japanese ingenuity technology' became' ingenuity technology'. A restaurant I often go to also issued a statement through WeChat WeChat official account, stopping all Japanese raw materials from now on, and publicizing the origin of the main raw materials: beef comes from Australia, chicken comes from Shandong, eel comes from Fujian ... and when I went to eat on August 21, the clerk also guaranteed that their ingredients were imported from Japan. " Mr. Liu said.
merchants "cut" at the speed of light, which caused netizens to question: Was it all false propaganda before the replacement of the origin of raw materials was completed so quickly? Some netizens questioned: Can a restaurant without Japanese aquatic products be called a "Japanese restaurant"? Why did few merchants publicize the source of ingredients before the announcement?
Chen Xu, a lawyer of Beijing Kyoto Law Firm, said that although the General Administration of Customs announced that the import of Japanese aquatic products would be completely suspended, there was no relevant provision in Chinese law prohibiting the operation of the original Japanese-made shops, and Japanese-made shops could continue to operate or publicize under their original names.
"The Food Safety Law stipulates that catering service providers should be encouraged to disclose the processing process and the information of food raw materials and their sources. This is not mandatory by law, and Japanese food stores can choose to publicize or inform consumers of their own ingredients. In other words, even if it is not publicized, it does not constitute misleading and deceiving consumers.
according to the consumer protection law, consumers have the right to ask business operators to provide information about the price and origin of goods according to different information of goods or services. If consumers are worried about quality problems or food safety does not meet relevant standards, Japanese food stores are obliged to inform them. " Chen Xu said.
Feng Xiaopeng, a lawyer of Beijing King & Wood Law Firm who has more than 21 years' experience in customs practice, said that the customs announcement completely suspended the import of aquatic products (including edible aquatic animals) originating in Japan, which affected not only Japanese stores, but also operators selling aquatic products (such as fresh markets).
at present, the act of announcing the source of ingredients in Japanese food stores is actually a crisis public relations act to reduce the negative influence of public opinion and win the trust of consumers. It is voluntary, not mandatory, and it is not illegal to not announce it voluntarily. If the relevant departments have issued clear regulatory requirements for the information disclosure of raw materials, the operators need to make timely adjustments according to the administrative regulatory requirements.
"It should be noted that if the Japanese food store does have aquatic products imported from Japan before August 24, we understand that this water diversion product was imported before the announcement, and it can still be used normally without being recalled by the market supervision department. However, it is recommended to provide customs declaration documents, inspection and quarantine certificates and other documents when consumers ask or the market supervision department investigates to ensure food safety." Feng Xiaopeng said.
The regulatory authorities quickly carried out surprise inspections
The reporter noted that after the announcement, local regulatory authorities quickly took action.
The menu indicates that the peony shrimp sold is from Hokkaido, Japan. When faced with the investigation by market supervisors, the merchant cannot provide the customs declaration form and the entry-exit inspection certificate. On August 24th, Shanghai Xuhui District Market Supervision Bureau raided a supermarket and two Japanese food stores in hang lung plaza, Ganghui. A Japanese food store named Yizheng was interviewed because it could not prove the origin of the ingredients.
On August 25th, Fujian Fuzhou Market Supervision Administration made a surprise inspection of Sam Supermarket, but no seafood from Japanese area was found yet. A relevant person from the Market Supervision Administration said that citizens should choose those with customs inspection and quarantine certificates when purchasing imported aquatic products.
after the announcement, if there are Japanese food shops that advertise that they use Japanese-made ingredients or use Japanese aquatic products privately, what legal responsibilities may they bear?
Feng Xiaopeng said that since the announcement of the suspension of the import of related products was issued by the customs, before the new adjustment announcement was issued, if operators such as Japanese food shops continue to import aquatic products originating in Japan, they may be suspected of smuggling goods and articles prohibited from import and export, and face customs administrative punishment or even criminal responsibility for smuggling crimes.
if the aquatic products imported from Japan enter the market circulation after the announcement, and there are food safety problems, the relevant enterprises may violate the food safety law and other relevant regulations, and may face administrative punishment from the market supervision department. If the circumstances are serious, they may even be suspected of producing and selling food that does not meet the safety standards, as well as criminal responsibilities such as producing and selling toxic and harmful food.
During the interview, many consumers told reporters that the Japanese food stores they had eaten all along advertised "imported from Japan", and they didn't know their "true colors" until the announcement came out. Can the supervision and punishment be traced back to these falsely advertised stores?
Chen Xu said: If there was false propaganda before the Japanese food store, according to the provisions of the Administrative Punishment Law, the limitation of administrative punishment was 2 years, and if the illegal act was not discovered by the administrative organ within 2 years, no administrative punishment would be given; Except as otherwise provided by law. If false propaganda has constituted a crime, it shall be dealt with according to the severity of the corresponding crime and the relevant provisions of the limitation period of criminal prosecution. A judicial organ that meets the retrospective conditions shall trace back.
according to the reporter's investigation, many consumers have paid the deposit to the Japanese food store before the announcement, but they have doubts about whether to eat Japanese food or not. Can this deposit be returned?
Chen Xu believes that, according to the principle of fairness in the Civil Code, if consumers and businesses agree to terminate the contract due to the adjustment of national policies, the losses caused shall be reasonably shared by both parties. If the products provided by the merchants have evidence to prove that they meet the national food safety standards, and consumers demand to terminate the contract just because they are worried, thus causing actual losses to the merchants, the down payment should not be fully recovered for the sake of fairness.
Businesses should strengthen the examination and do a good job in compliance management
As early as 2111, when the nuclear accident occurred in Japan, China had introduced relevant countermeasures. A number of documents stipulated that it was forbidden to import food, edible agricultural products and feed from 11 prefectures such as Fukushima Prefecture and Gunma Prefecture in Japan; Among Japanese food, edible agricultural products and feed allowed to be exported to China, except vegetables and their products, milk and dairy products, aquatic products and aquatic animals, tea and products, fruits and products, and medicinal plant products, Japan is no longer required to issue a certificate of radioactive substance detection.
all Japanese food, edible agricultural products and feed allowed to be exported to China need a certificate of origin issued by the Japanese government, which should indicate the complete transportation path of the products.
on July 7, 2123, the relevant person in charge of the General Administration of Customs said that it was forbidden to import food from 11 prefectures such as Fukushima, Japan, and that the accompanying certification documents were strictly examined for food from other parts of Japan, especially aquatic products (including edible aquatic animals), and 111% inspection was strictly implemented, and the detection and monitoring of radioactive substances were continuously strengthened.
In addition, according to the Biosafety Law of the People's Republic of China, "the entry and exit personnel, means of transport, containers, goods, articles, packages and ballast water discharge of international navigation ships should meet the requirements of China's biosafety management", the Customs has identified the first batch of pilot units for ballast water monitoring. Tianjin Customs has carried out ballast water monitoring for the first time in June this year, and will adopt more stringent supervision means and more powerful prevention and control measures in the future.
"It can be seen that our country has made full preparations and countermeasures before Japan discharged nuclear polluted water this time, and formulated a series of strict measures to prevent it. This announcement, aimed at Japan's discharge of nuclear polluted water into the sea, carries out a "total suspension" of imports of aquatic products, which is directly related to the goods. On the basis of the above measures, it expands the scope, further strengthens prevention and strictly abides by national security. At the same time, the' temporary' state also leaves room for subsequent changes in events and policy adjustments. " Feng Xiaopeng said.
After the incident of nuclear polluted water being discharged into the sea, many consumers are very concerned about whether they can continue to eat Japanese food in the future. How to deal with this Japanese food safety crisis?
In Feng Xiaopeng's view, there is no need to be overly nervous about aquatic products produced in non-Japanese areas and non-polluted waters at present. In the future, with the spread of nuclear contaminated water to other sea areas outside Japan's territorial waters, even if the ingredients come from contaminated areas, whether there are problems in themselves needs scientific analysis.
The national standard for food safety-Limits of pollutants in food (GB2762-2122) promulgated by the state stipulates the limits of nitrite, nitrate and polychlorinated biphenyls in food for reference. For the food related to the polluted waters, it cannot be generally considered that there is a problem in food safety without determining its true source.
if the nuclear polluted water further spreads to the high seas in the future, whether the seafood salvaged by ships from other countries (regions) in the polluted high seas can be imported into China will ultimately depend on whether the products themselves have safety problems. At that time, it is necessary to cooperate with the corresponding standards promulgated by the state to determine whether the trace element content exceeds the standard, and follow the latest announcement and policy documents of the customs on the import of aquatic products.
Feng Xiaopeng believes that under the current situation, enterprises should do the following things in the import and export of aquatic products in order to prevent legal risks:
To abide by the provisions of the customs announcement, they should suspend the import of products that have been suspended and prohibited, do a good job in handling imported raw materials, do not evade customs supervision and market supervision, pay close attention to the policy trends after the suspension, and adjust their business strategies in time; Establish a sense of risk crisis, and strictly trace the source of aquatic products, raw materials and finished products that may be involved in polluted discharge areas, and examine whether the source is related to the discharge of polluted waters in Japan.
make a risk assessment of the source of products sold in advance, and gradually expand alternative sources of goods in other regions; Do a good job in food safety compliance of enterprises. Even if the source of related aquatic products does not come from Japan's polluted areas, we should improve the food inspection supervision and management system to ensure that the aquatic products and other foods we operate meet national standards and human health standards, and fully publicize and remind them to eliminate consumer concerns.
"Relevant departments should regularly check the food safety of Japanese food stores to dispel consumers' worries and doubts about food safety, ensure people's health and maintain social harmony and stability." Chen Xu said.