The reform of food and drug supervision is one of the most concerned administrative system reforms from the central government to the local government in recent years. The biggest administrative system reform since the founding of New China 1998 The State Administration of Medicine under the former State Economic and Trade Commission merged with the Department of Pharmacy Administration of the Ministry of Health, and later absorbed some institutions in state administration of traditional chinese medicine to form the State Administration of Pharmaceutical Products. 17 has undergone four reforms, which are involved in every NPC meeting.
In this reform, the State Administration of Pharmaceutical Products implemented vertical management below the provincial level, aiming at breaking local protection and forming unified national supervision, and achieved certain results. What needs to be added is that the State Drug Administration was not responsible for food safety at that time. This round of reform is the most thorough and rapid, and a unified and authoritative food and drug administration has been formed from top to bottom.
In the institutional reform plan initiated in 2003, the word "food" was added to the State Administration of Pharmaceutical Products, and it became the State Food and Drug Administration of the United States, directly under the State Council. It is worth noting that although the US Food and Drug Administration added the word "food", this time it is only responsible for coordinating the food supervision of health, quality supervision, industry and commerce and agriculture, and does not specifically participate in food supervision.
In 2007, due to a series of drug injuries such as the case of Zheng Xiaoyu, the first director of the country, the State Administration of Pharmaceutical Products was merged into the Ministry of Health in March 2008, becoming a national bureau managed by the Ministry of Health.
The important influence of this reform is that in June of that year, the General Office of the State Council issued a document, canceling the vertical supervision system of food and drugs that has been implemented for eight years, and adjusting it to be responsible for territorial hierarchical management, accepting the organization, guidance and supervision of the superior competent department and the health department at the same level. This reform was carried out in various places, some abolished the Food and Drug Administration and merged into the Health Bureau, some became independent, and the time began to drag on for a long time. Until 20 12, some places have not changed and are still in manubrium, while some places are already exploring the mode of "market supervision bureau and other three bureaus in one".
The melamine incident of Sanlu milk powder in 2008 is brewing into a national food safety crisis, and its subsequent impact is that in February 2009, several drafts of the Food Safety Law were issued, which legally clarified the system of combining subsection supervision with comprehensive coordination. In the eyes of some people in the industry at that time, the introduction of the Food Safety Law was the hope of the leadership to alleviate food safety problems through stricter laws, but the situation was not completely reversed.
Since then, food and drug supervision has embarked on the road of centralization. 20 10 the State Council issued a document announcing the establishment of a comprehensive food safety supervision and coordination agency, named the Food Safety Committee of the State Council, with a ministerial office to undertake daily work. However, this kind of reform at the grassroots level is even more chaotic. For example, food and beverage supervision in Beijing does not belong to the food and drug supervision department, and so does Changsha City, Hunan Province.
Since then, food and drug safety accidents have occurred frequently in China, and the hot potato of food has been pushed around by various departments. Some experts believe that the reason is that China's food safety supervision mechanism is unreasonable, that is, the "5+ 1" model of multi-department and multi-link management. Six departments participate in the supervision: the Ministry of Agriculture is responsible for the cultivation of agricultural products, the General Administration of Quality Supervision, Inspection and Quarantine is responsible for the production link, the State Administration for Industry and Commerce is responsible for the circulation link, the Food and Drug Administration is responsible for the consumption link, and the Ministry of Health is responsible for the standard setting and risk assessment. There is also commerce responsible for alcohol supervision, salt industry responsible for salt management, and the State Council Food Safety Office responsible for comprehensive coordination.
"The result of segmented supervision is that the definition of responsibility is vague, which leads to mutual shirking when some areas need to be truly responsible." A senior person in the food and drug supervision system revealed.
20 13 During the administrative system reform, the US Food and Drug Administration was transferred from the Health Department and upgraded to the US Food and Drug Administration, and changed from the vice-ministerial level to the ministerial level, which was directly under the Ministry of the State Council.
In this adjustment, the supervision responsibilities of the production link and SAIC circulation link of AQSIQ are integrated into the Food and Drug Administration, and the corresponding supervision teams and inspection and testing institutions of the above two bureaus are also transferred to the Food and Drug Administration. Back to the mode that food hygiene was supervised by the epidemic prevention station under the Health Department before the division of the Third Bureau, I had the honor to experience all this after 15 years of reform. After the adjustment, the main departments involved in food safety in China are the Ministry of Agriculture, the Health Planning Commission and the Food and Drug Administration, and the regulatory power is more centralized and unified. Of course, this time, the Food Safety Law did not include salt affairs in supervision.
It is worth mentioning that the four rounds of food and drug supervision system reform since 1998 have been carried out from top to bottom, starting at the national level, then at the provincial level, and then at the cities and counties. Every round of reform is once every five years. Often, the last round of measures has not been fully implemented at some grassroots levels, and the next round of reform has already started from the upper level.
"Since the establishment of 1998 National Pharmaceutical Products Administration, food and drug supervision has been reformed and repeated, and the repetition in the reform has a greater impact on supervision." This round of reform has become more "colorful" throughout the country, and the outstanding comprehensive law enforcement reforms at the county level, such as "three in one", "two in one" and "five in one", have weakened the food and drug supervision ability to some extent. 2065438+February 2006, Bi Jingquan, director of the US Food and Drug Administration, once said: "In 30 provinces, autonomous regions and municipalities directly under the Central Government, 70% of the cities and 30% of the counties have integrated their food and drug supervision functions and established independent food and drug supervision institutions." This means that 30% of cities and 70% of counties have not established independent food and drug regulatory agencies, but have merged into market regulatory departments.
At present, the reform of grass-roots food and drug supervision institutions in China is mainly to integrate county-level food and drug, industry and commerce, quality supervision departments, set up market supervision bureaus (or markets and quality supervision bureaus), set up market supervision offices in towns (streets), or set up food and drug supervision offices independently. However, the central, provincial and municipal institutions are still divided into three departments: food and drug supervision, industry and commerce, and quality supervision, which brings two problems: First, the grass-roots food and drug supervision personnel are insufficient and the food and drug supervision strength is weakened. At present, when the number of administrative departments in the country is streamlined, the county-level food and drug, industry and commerce, and quality supervision departments are simply "three in one." The staffing of the food and drug supervision system has not been strengthened, and the use of staffing in some areas has been restricted, resulting in "staffing vacancies" at the grassroots level and insufficient overall strength of personnel. On the other hand, the structure of grass-roots supervisors is unreasonable, especially the lack of food and drug professionals. Even if there are professionals, there is no supervision experience. In food and drug supervision, there is a phenomenon of "not daring to enter the door, not opening your mouth when entering the door", resulting in a certain degree of lack of supervision. The second is to compete for regulatory resources and squeeze each other. After the "three in one" reform, the county-level market supervision bureau has three "mother-in-law" management. Three departments, three sets of law enforcement procedures, three types of law enforcement documents, law enforcement subjects, law enforcement certificates, law enforcement clothing and letters and visits system need to be integrated urgently. Fourth, food supervision is the most complicated and the accountability is the strictest. After the "three-in-one", many people are reluctant to participate in food supervision, fearing trouble, and the medicine is slightly better. The food and drug supervision, industry and commerce, and quality supervision of county-level market supervision bureaus compete seriously for the resources of grass-roots supervision offices, and some grass-roots market supervision offices have been severely squeezed. More seriously, county-level food and drug supervision has also been severely squeezed, and there is a "three noes" phenomenon in food supervision: no personnel, no technology and no equipment.
2065438+In March 2006, Li Chiqun, deputy director of the US Food and Drug Administration in Hunan, said during the two sessions of the National People's Congress: "After the State Council decided to cancel the vertical management of food and drug regulatory agencies below the provincial level in 2008, local protectionism rebounded, and the professional level dropped from 70% to about 50% because of the lax entrance of the regulatory team. In this round of reform, some places with comprehensive market regulators have fallen even more, and the effectiveness of supervision has been greatly reduced. " On the surface, the practice of "three bureaus in one" has increased the supervision resources such as manpower and financial resources, but the actual supervision ability has not improved. Especially after professional supervision was diluted by comprehensive law enforcement, the business volume of food and drug supervision in various places continued to decline, and the level of specialization in some areas was basically negligible. Hu, an associate professor at the National School of Administration, counted the number of food and drug cases investigated and dealt with nationwide in recent years, and found that there were 400,000 cases in 2065 and 438+02, 387,000 cases after institutional reform in 2065 and 438+03, 340,000 cases in 2065 and 438+05, and 330,000 cases in 2065 and 438+05, which obviously showed a decline in the number of cases. Recently, Shandong illegally handled 320 million yuan vaccine cases and Shanghai10.7 million cans of counterfeit milk powder cases, which made people feel "restless".
Frequent reforms and unorganized reforms have made the food and drug supervision team "restless", resulting in the loss of personnel, data, facilities and equipment and the loss of people's hearts. Supervision system is the carrier of food safety strategy. In order to truly release the dividend of system reform, we must set up independent food and drug supervision institutions in strict accordance with the established spirit of the central government. Therefore, it is suggested that places with comprehensive market supervision institutions should further reduce the general market order management function according to the requirements of the State Council, and take food safety as the primary responsibility of comprehensive law enforcement. We should adhere to the principle of "minimum tossing and maximum perfection", and separate the local market supervision bureaus from the Food and Drug Administration, even the second-level bureaus managed by agricultural bureaus such as the Animal Husbandry, Veterinary and Fisheries Bureau, so as to realize the organic combination of decentralization and strengthening supervision. Improve the food safety supervision institutions from the central government to the local government and then to the grassroots level, realize the unification of functions and institutions, and maintain the professionalism and systematicness of food safety supervision. Strengthen the overall responsibility system of local governments for food safety, give full play to its overall coordination role, clarify the division of responsibilities of all members of the Food Safety Committee, and mobilize the enthusiasm of agriculture, health, public security and other departments for food safety work. At the same time, encourage qualified places to learn from the experience of environmental protection departments, pilot the vertical management system of food and drug supervision and sampling inspection below the provincial level, adjust the management authority of people, finance and materials, solve the characteristics of strong professionalism and high technology in sampling inspection, strengthen local overall responsibility, and break the problems of market segmentation and local protection.