The main contents of the revision of People's Republic of China (PRC) Food Safety Law (Revised Draft):
The first is to implement the reform of the regulatory system and the transformation of government functions.
First, according to the institutional reform plan of the State Council, the responsibilities of food safety supervision departments were adjusted, involving more than 30 items.
Second, integrate the three certificates of food production, food circulation and catering service into one food production and operation license (Article 3 1).
Third, strengthen the supervision of the circulation of food additives and include the operation of food additives in the scope of licensing (Article 47).
Fourth, authorize the Standing Committee of the Provincial People's Congress or the provincial people's government to formulate measures for the supervision and management of small workshops, small food shops, small restaurants and food vendors (Article 3 1).
Second, strengthen the implementation of corporate responsibility.
First, it is clearly pointed out that food producers and operators are "the first person responsible for food safety" and should fulfill the obligation of "honesty and self-discipline" (Article 4).
Second, in order to strengthen the professional quality of food safety managers, the "Draft for Review" proposed that the state establish a professional qualification system for food safety managers. Food producers and business operators shall be equipped with full-time or part-time food safety management personnel in accordance with relevant state regulations (Article 35).
Third, in order to implement the traceability obligation of food enterprises, the draft for review proposes that food production and marketing enterprises should establish a food traceability management system to ensure food traceability (Article 39).
Fourth, in order to strengthen the supervision of food online transactions, the draft for review stipulates that third-party platform providers of online food transactions should obtain food production and operation licenses and assume responsibility for food safety management; Those who fail to perform their legal obligations and infringe upon the legitimate rights and interests of consumers shall bear joint and several liabilities and make compensation in advance (Article 59).
Fifth, in order to effectively protect consumers' rights and interests, the "Draft for Review" proposes that the state establish a compulsory insurance system for food safety liability. Food production and marketing enterprises shall participate in compulsory food safety liability insurance in accordance with relevant state regulations (Article 65).
Sixth, referring to the relevant national food safety management system, the draft proposed that food producers and operators should establish a food safety self-inspection system to regularly check and record the food safety status of their own units. Encourage food producers and operators to hire social professional organizations for food safety to regularly evaluate the food safety management system of their own units. When food producers and business operators find that there are major food safety hazards, they shall promptly deal with them and report to the food safety supervision and administration department at or above the county level (Article 60).
Seventh, in order to strengthen the strict supervision of infant formula food, the Draft for Review proposed that the state should strictly supervise and manage infant formula food. When producing infant formula food, food production enterprises shall file the raw materials, product formulas and labels with the food safety supervision and administration department for the record. It is not allowed to produce infant formula food by entrustment, OEM or sub-packaging (Article 57).
Eighth, in order to prevent food from returning to the market, the Draft for Review proposes that food production and marketing enterprises should take remedial, harmless treatment, destruction and other measures for foods that have been recalled or withdrawn from the market beyond the shelf life (Article 62).
Third, strengthen the implementation of local government responsibilities.
First, in order to further strengthen the local government's territorial management responsibility for food safety, the "Draft for Review" proposes that local people's governments at or above the county level should incorporate food safety into local national economic and social development plans; Strengthen the capacity building of food safety supervision and management to provide guarantee for food safety supervision and management (Article 6); Food safety supervision and inspection, sampling inspection, risk monitoring, publicity and education, capacity building and other funds should be included in the financial budget of the government at the same level (Article 93).
Second, it absorbed the relevant contents of the Provisions of the State Council on the Investigation of Food Safety Responsibility (Draft for Comment) drafted by the Ministry of Supervision. The draft proposes that if local people's governments at or above the county level fail to perform their duties of food safety supervision and management, resulting in adverse consequences, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law (article 125).
Fourth, innovate the supervision mechanism.
First, referring to the legislative experience of foreign countries, the draft proposed that food safety supervision and management should follow the principles of prevention first, risk management, whole process control and social co-governance (Article 3).
Second, in order to implement the principle of risk management, the draft proposed that the state establish a food safety risk classification supervision and management system. Determine the focus, mode and frequency of supervision and management according to the degree of food safety risk (Article 9 1).
Third, in order to urge food production and marketing enterprises and local governments to implement food safety responsibilities, the "Draft for Review" proposes that if there are potential safety hazards in the process of food production and marketing and measures are not taken in time to eliminate them, the food safety supervision and management department may conduct a responsibility interview with its legal representative or principal responsible person. If the local people's government fails to perform its food safety duties and fails to eliminate regional major food safety hazards in time, the people's government at a higher level may conduct a responsibility interview with its main person in charge (Article 99).
Fourth, learn from the experience of drug supervision and increase the system of surprise inspection. The "Draft for Review" proposes that the food production and operation enterprises suspected of violating food safety laws and regulations may cause serious harm or significant social impact, and the food safety supervision and management departments at higher levels may conduct surprise on-site inspections (Article 100).
Fifthly, referring to the Decision of the State Council on Strengthening Food Safety, the draft proposed that the state should establish a reward reporting system for food safety (article 10 1).
Sixth, in order to standardize the release of food safety information, the "Draft for Review" proposes that news media should report food safety issues objectively and fairly (Article 9); No unit or individual may release food safety information released by the food safety supervision and administration department according to law without authorization (Article 103); Any unit or individual who publishes food safety information that may have a significant impact on society or the food industry shall verify it with food production and operation enterprises, trade associations, scientific research institutions and food safety supervision and management departments in advance. No unit or individual may publish unverified food safety information or fabricate or disseminate false food safety information (Article 106).
Five, improve the social governance of food safety.
First, in order to strengthen the exchange of food safety risks, the draft for review proposed that the state should establish a food safety risk exchange system. Food safety supervision and management departments and food safety risk assessment institutions shall organize food safety risk exchange in accordance with the principles of science, objectivity, timeliness and openness (Article 19).
Second, in order to give full play to the role of trade associations and protect consumers' rights and interests, the "Draft for Review" proposes that the national food safety standards review committee should include representatives of food industry associations and consumer associations (Article 25).
Third, in order to further raise the public's awareness of food safety and improve their ability of self-protection, the draft proposes that the state should incorporate food safety knowledge into national quality education, popularize food safety laws and regulations, food safety standards and knowledge, and carry out public welfare publicity on food safety (Article 9).
Sixth, severely punish serious violations of laws and regulations.
First, in order to increase the penalties for violations of laws and regulations, the Draft for Review changed the penalties for violations of laws and regulations to penalties for violations of laws and regulations (Article 30).
Second, in terms of criminal responsibility, the implementation linkage mechanism has been improved (Article 107).
Third, in terms of administrative responsibility, strengthen the punishment of illegal food producers and operators and technical institutions. For example, in terms of property punishment, the amount of fines will be increased from five to ten times in the original law to fifteen to thirty times for acts that seriously endanger food safety, such as illegal addition (article 1 10); In terms of qualification punishment, the draft for review proposes that those who are sentenced to fixed-term imprisonment or above for food safety crimes shall not engage in food production, operation and management for life (Article 1 19). If a technical institution or technician who undertakes food safety risk monitoring and risk assessment issues a false monitoring and assessment report, the person in charge and technician directly responsible for the technical institution shall be dismissed or dismissed according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law (Article 120); If a food inspection agency or food inspector issues a false inspection report, the relevant department shall confiscate the inspection fee and impose a fine of three to five times the inspection fee (Article 12 1). In terms of personal punishment, the draft for review supplemented the punishment of administrative detention according to the principle of prudence (article 1 10).
Fourth, in terms of civil liability, increase economic penalties.
First, the minimum compensation system is stipulated. The "Draft for Review" proposes that consumers who produce food that does not meet food safety standards or sell food that they know does not meet food safety standards can demand compensation from producers and sellers for ten times the price or three times the loss. If the compensation amount is less than 1000 yuan, it is 1000 yuan (Article 127).
The second is to increase the punishment for false advertisements. The "Draft for Review" proposes that the designers, producers, publishers and food producers and operators of advertisements shall be jointly and severally liable if they design, produce and publish food advertisements knowing or should know that they are false, thus harming the legitimate rights and interests of consumers (Article 63).
The third is to increase penalties for false inspection reports or certification conclusions. The "Draft for Review" proposes that food inspection agencies and certification bodies should be liable for compensation if they issue false inspection reports and false certification conclusions, which damage the legitimate rights and interests of consumers (Articles 12 1, 122).
The fourth is to strengthen the civil liability of false food safety information publishers. The "Draft for Review" proposes that those who fabricate and disseminate false food safety information, or publish unverified food safety information, which damages the legitimate rights and interests of food producers and operators, shall bear civil liability according to law (Article 124).