The newly implemented "Food Safety Law" establishes a scientific management system based on food safety risk monitoring and assessment, and clarifies that the results of food safety risk assessment are used as the basis for formulating and revising food safety standards and regulating food safety. Scientific basis for implementing supervision and management. This law covers the current difficult issues in food supervision such as health foods, online food transactions, and food additives; it implements the strictest full-process management of production, sales, catering services, and other links. Increase penalties for violations and increase accountability for local government leaders and supervisors. Anyone who constitutes a crime will be seriously investigated for criminal responsibility in accordance with the law. Six situations need to be assessed. To prevent food safety risks, the country has established a food safety risk assessment system and used scientific methods to conduct risk assessments on biological, chemical and physical hazards in food, food additives, and food-related products. The health administration department of the State Council is responsible for organizing food safety risk assessment work and establishing a food safety risk assessment expert committee composed of experts in medicine, agriculture, food, nutrition, biology, environment, etc. The results of the food safety risk assessment are announced by the health administration department of the State Council. The following six situations require assessment: 1. It is discovered through food safety risk monitoring or receiving reports that food, food additives, and food-related products may have safety hazards; 2. Risk assessment is required to provide scientific basis for the formulation or revision of national food safety standards. Assessment; 3. Risk assessment is required to determine key areas and key varieties for supervision and management; 4. New factors that may harm food safety are discovered; 5. It is necessary to judge whether a certain factor constitutes a food safety hazard; 6. The State Council Other situations where the health administrative department deems it necessary to carry out risk assessment. If after food safety risk assessment, it is concluded that food, food additives, and food-related products are unsafe, the food and drug administration, quality supervision and other departments of the State Council shall immediately make an announcement to the public in accordance with their respective responsibilities, inform consumers to stop eating or using them, and take measures to Corresponding measures will be taken to ensure that the production and operation of the food, food additives and food-related products are stopped. Develop unified safety standards. National food safety standards are formulated and promulgated by the health administration department of the State Council in conjunction with the food and drug regulatory department of the State Council. Food safety standards are mandatory standards. In addition to food safety standards, no other mandatory food standards shall be formulated. Food safety standards include: limits on pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants in food, food additives, and food-related products, as well as other substances harmful to human health; types and uses of food additives Scope and dosage; nutrient content requirements for main and supplementary foods intended for infants and other specific groups of people; requirements for labels, signs and instructions related to hygiene, nutrition and other food safety requirements; hygiene requirements for food production and operation processes; and food safety requirements Safety-related quality requirements; food inspection methods and procedures related to food safety; other content that needs to be formulated as food safety standards. The formulation of national food safety standards should be based on the results of the food safety risk assessment and fully consider the results of the safety risk assessment of edible agricultural products, with reference to relevant international standards and international food safety risk assessment results, and the draft national food safety standards should be announced to the public and widely listened to. Opinions from producers, operators, consumers, relevant departments, etc. Strengthening the management responsibilities of local governments. Local governments play an important role in maintaining the market environment. The new Food Safety Law has strengthened the food safety management responsibilities of local governments in a targeted manner. The new "Food Safety Law" stipulates that people's governments at or above the county level must incorporate food safety work into the national economic and social development plan at the same level, include food safety work funds in the fiscal budget of the government at the same level, and strengthen food safety supervision capacity building; at the provincial level The National People's Congress or the provincial people's government shall formulate specific management laws for small food production and processing workshops and food vendors. According to the provisions of the Legislation Law, if legal provisions clearly require relevant state agencies to make supporting specific regulations on special matters, the relevant state agencies shall make regulations within one year from the date of implementation of the law. The new "Food Safety Law" strengthens the investigation of food safety responsibilities of local governments, stipulating that those who fail to report and handle food safety incidents in accordance with the law, or who fail to promptly organize and rectify regional food safety issues involving multiple links within the administrative region, fail to establish Corresponding administrative sanctions have been established for the entire food safety supervision working mechanism and information sharing mechanism. Increase the main responsibility of enterprises Compared with the "Food Safety Law" before the amendment, the new "Food Safety Law" strengthens the main responsibility of food producers and operators from three aspects. First, food production and operation enterprises are required to establish a food safety management system, equip full-time or part-time food safety management personnel, and strengthen their training and assessment. The main person in charge of the enterprise is required to be fully responsible for the food safety work of the enterprise and conscientiously implement the food safety management system. Second, risk control must be strengthened in the process of food production and operation, requiring food production enterprises to establish and implement risk control systems for raw materials, key links, inspection and testing, and transportation. Third, enterprises must add food safety self-inspection and reporting systems. Food producers and operators must regularly inspect and evaluate food safety conditions; if conditions change and food safety requirements are no longer met, food producers and operators should take corrective measures; if there is a potential risk of food safety accidents, production and operations should be stopped immediately and reported to Food and Drug Administration Report.

Establish a food safety traceability system: The state encourages food producers and operators to use information technology to collect and retain production and operation information and establish a food safety traceability system. The food and drug regulatory department of the State Council, together with the agricultural administration and other relevant departments of the State Council, will establish a full traceability coordination mechanism for food safety. Establish a food recall system: If a food producer finds that the food it produces does not meet food safety standards or there is evidence that it may harm human health, it should immediately stop production, recall the food that has been put on the market, notify relevant producers, operators and consumers, and Document recalls and notifications. If a food business operator discovers that the food it sells falls under the circumstances specified in the preceding paragraph, it shall immediately cease operations, notify relevant producers, operators and consumers, and record the suspension of operations and notification. If a food manufacturer believes that a recall should be made, it should be recalled immediately. If the food handled by the food dealer has the conditions specified in the preceding paragraph due to the fault of the food dealer, the food dealer shall recall the food. Food producers and operators should take measures such as harmless treatment and destruction of recalled foods to prevent them from entering the market again. For foods that have been recalled because labels, signs or instructions do not meet food safety standards, food producers can continue to sell them if they take remedial measures and can ensure food safety; the remedial measures should be clearly stated to consumers at the time of sale. Consumers can claim compensation through multiple channels. The new "Food Safety Law" strengthens the protection of consumer rights and interests, stipulating that after food producers and operators receive compensation requests from consumers, they should implement the first responsibility system (that is, consumers can seek compensation If any party makes a claim, whoever finds it first will be obliged to bear the responsibility); on the basis of the joint and several liability stipulated in the pre-amended Food Safety Law for centralized trading markets, the new Food Safety Law has added the liability for third-party online trading platforms. Providers shall be jointly and severally liable if they fail to fulfill their legal obligations. At the same time, it also stipulates that if a food inspection agency issues a false inspection report or a certification agency issues a false argument conclusion, causing harm to the legitimate rights and interests of consumers, it is also required to bear joint liability with the producer and operator. The new Food Safety Law also requires media that fabricate and spread false food safety information to bear compensation liability, strengthening the civil liability for fabricating and spreading false food safety information. Significant increase in administrative penalties The reason why the new law is called the "most stringent food safety law in history" is that it not only makes the content of penalties more extensive, but also significantly increases the amount of administrative fines. For example, for illegal activities such as the production and operation of food with added drugs, the production and operation of infant formula milk powder whose nutritional content does not meet national standards, the "Food Safety Law" before the amendment stipulated that a fine of up to 10 times the value of the goods could be imposed, and The new "Food Safety Law" stipulates that penalties can be up to 30 times the value of the goods. In response to the problem of multiple and repeated fines without correction, the new "Food Safety Law" stipulates that food producers and operators who have been subject to administrative penalties such as fines and warnings for violation of laws three times within a year shall be ordered to suspend production. , suspension of business or even revocation of license. In addition, the new Food Safety Law also strengthens the investigation of civil legal liability. In order to improve the punitive damages system, in addition to the punitive damages of 10 times the price implemented in the Food Safety Law before the revision, punitive damages in which consumers can request three times the compensation for losses have been added. In addition, the new "Food Safety Law" increases the penalty of administrative detention for serious illegal activities such as illegal addition of non-edible substances, trading of dead livestock and poultry, illegal use of highly toxic and highly toxic pesticides. It also stipulates that those sentenced to fixed-term imprisonment or above for food safety crimes shall be prohibited from engaging in the management of food production and operation for life. On February 28, 2009, the Seventh Session of the Standing Committee of the Eleventh National People's Congress passed the Food Safety Law of the People's Republic of China. In order to meet the needs of social development, institutionally solve the food safety problems existing in real life and better ensure food safety, on December 25, 2014, the National People's Congress revised the "Food Safety Law", and in October 2015 It will be officially implemented on the 1st. So, what are the highlights of this Food Safety Law, which is called the “strictest in history”? Comparing the old and new products, what additional protection and rights protection channels are there for consumers? What matters should Chinese and foreign companies and operators pay attention to? We asked lawyer Ma Jianhong of Beijing Zhao Xiaolu Law Firm to explain it in detail. The newly implemented Food Safety Law establishes a scientific management system based on food safety risk monitoring and assessment, and clarifies that food safety risk assessment results are used as the scientific basis for formulating and revising food safety standards and implementing supervision and management of food safety. This law covers the current difficult issues in food supervision such as health foods, online food transactions, and food additives; it implements the strictest full-process management of production, sales, catering services, and other links. Increase penalties for violations and increase accountability for local government leaders and supervisors. Anyone who constitutes a crime will be seriously investigated for criminal responsibility in accordance with the law. Six situations need to be assessed. To prevent food safety risks, the country has established a food safety risk assessment system and used scientific methods to conduct risk assessments on biological, chemical and physical hazards in food, food additives, and food-related products. The health administration department of the State Council is responsible for organizing food safety risk assessment work and establishing a food safety risk assessment expert committee composed of experts in medicine, agriculture, food, nutrition, biology, environment, etc. The results of the food safety risk assessment are announced by the health administration department of the State Council.

The following six situations require assessment: 1. It is discovered through food safety risk monitoring or receiving reports that food, food additives, and food-related products may have safety hazards; 2. Risk assessment is required to provide scientific basis for the formulation or revision of national food safety standards. Assessment; 3. Risk assessment is required to determine key areas and key varieties for supervision and management; 4. New factors that may harm food safety are discovered; 5. It is necessary to judge whether a certain factor constitutes a food safety hazard; 6. The State Council Other situations where the health administrative department deems it necessary to carry out risk assessment. If after food safety risk assessment, it is concluded that food, food additives, and food-related products are unsafe, the food and drug administration, quality supervision and other departments of the State Council shall immediately make an announcement to the public in accordance with their respective responsibilities, inform consumers to stop eating or using them, and take measures to Corresponding measures will be taken to ensure that the production and operation of the food, food additives and food-related products are stopped. Develop unified safety standards. National food safety standards are formulated and promulgated by the health administration department of the State Council in conjunction with the food and drug regulatory department of the State Council. Food safety standards are mandatory standards. In addition to food safety standards, no other mandatory food standards shall be formulated. Food safety standards include: limits on pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other pollutants in food, food additives, and food-related products, as well as other substances harmful to human health; types and uses of food additives Scope and dosage; nutrient content requirements for main and supplementary foods intended for infants and other specific groups of people; requirements for labels, signs and instructions related to hygiene, nutrition and other food safety requirements; hygiene requirements for food production and operation processes; and food safety requirements Safety-related quality requirements; food inspection methods and procedures related to food safety; other content that needs to be formulated as food safety standards. The formulation of national food safety standards should be based on the results of the food safety risk assessment and fully consider the results of the safety risk assessment of edible agricultural products, with reference to relevant international standards and international food safety risk assessment results, and the draft national food safety standards should be announced to the public and widely listened to. Opinions from producers, operators, consumers, relevant departments, etc. Strengthening the management responsibilities of local governments. Local governments play an important role in maintaining the market environment. The new Food Safety Law has strengthened the food safety management responsibilities of local governments in a targeted manner. The new "Food Safety Law" stipulates that people's governments at or above the county level must incorporate food safety work into the national economic and social development plan at the same level, include food safety work funds in the fiscal budget of the government at the same level, and strengthen food safety supervision capacity building; at the provincial level The National People's Congress or the provincial people's government shall formulate specific management laws for small food production and processing workshops and food vendors. According to the provisions of the Legislation Law, if legal provisions clearly require relevant state agencies to make supporting specific regulations on special matters, the relevant state agencies shall make regulations within one year from the date of implementation of the law. The new "Food Safety Law" strengthens the investigation of food safety responsibilities of local governments, stipulating that those who fail to report and handle food safety incidents in accordance with the law, or who fail to promptly organize and rectify regional food safety issues involving multiple links within the administrative region, fail to establish Corresponding administrative sanctions have been established for the entire food safety supervision working mechanism and information sharing mechanism. Increase the main responsibility of enterprises Compared with the "Food Safety Law" before the amendment, the new "Food Safety Law" strengthens the main responsibility of food producers and operators from three aspects. First, food production and operation enterprises are required to establish a food safety management system, equip full-time or part-time food safety management personnel, and strengthen their training and assessment. The main person in charge of the enterprise is required to be fully responsible for the food safety work of the enterprise and conscientiously implement the food safety management system. Second, risk control must be strengthened in the food production and operation process, requiring food production enterprises to establish and implement risk control systems for raw materials, key links, inspection and testing, and transportation. Third, enterprises must add food safety self-inspection and reporting systems. Food producers and operators must regularly inspect and evaluate food safety conditions; if conditions change and food safety requirements are no longer met, food producers and operators should take corrective measures; if there is a potential risk of food safety accidents, production and operations should be stopped immediately and reported to Food and Drug Administration Report. Establish a food safety traceability system: The state encourages food producers and operators to use information technology to collect and retain production and operation information and establish a food safety traceability system. The food and drug regulatory department of the State Council, together with the agricultural administration and other relevant departments of the State Council, will establish a full traceability coordination mechanism for food safety. Establish a food recall system: If a food producer discovers that the food it produces does not meet food safety standards or there is evidence that it may harm human health, it should immediately stop production, recall the food that has been put on the market, notify relevant producers, operators and consumers, and Document recalls and notifications. If a food business operator discovers that the food it sells falls under the circumstances specified in the preceding paragraph, it shall immediately cease operations, notify relevant producers, operators and consumers, and record the suspension of operations and notification. If a food manufacturer believes that a recall should be made, it should be recalled immediately. If the food handled by the food dealer has the conditions specified in the preceding paragraph due to the fault of the food dealer, the food dealer shall recall the food. Food producers and operators should take measures such as harmless treatment and destruction of recalled foods to prevent them from entering the market again.

For foods that have been recalled because labels, signs or instructions do not meet food safety standards, food producers can continue to sell them if they take remedial measures and can ensure food safety; the remedial measures should be clearly stated to consumers at the time of sale. Consumers can claim compensation through multiple channels. The new "Food Safety Law" strengthens the protection of consumer rights and interests, stipulating that after food producers and operators receive compensation requests from consumers, they should implement the first responsibility system (that is, consumers can seek compensation If any party makes a claim, whoever finds it first will be obliged to bear the responsibility); on the basis of the joint and several liability stipulated in the pre-amended Food Safety Law for centralized trading markets, the new Food Safety Law has added the liability for third-party online trading platforms. Providers shall be jointly and severally liable if they fail to fulfill their legal obligations. At the same time, it also stipulates that if a food inspection agency issues a false inspection report or a certification agency issues a false argument conclusion, causing harm to the legitimate rights and interests of consumers, it is also required to bear joint liability with the producer and operator. The new Food Safety Law also requires media that fabricate and spread false food safety information to bear compensation liability, strengthening the civil liability for fabricating and spreading false food safety information. Significant increase in administrative penalties The reason why the new law is called the "most stringent food safety law in history" is that it not only makes the content of penalties more extensive, but also significantly increases the amount of administrative fines. For example, for illegal activities such as the production and operation of food with added drugs, the production and operation of infant formula milk powder whose nutritional content does not meet national standards, the "Food Safety Law" before the amendment stipulated that a fine of up to 10 times the value of the goods could be imposed, and The new "Food Safety Law" stipulates that penalties can be up to 30 times the value of the goods. In response to the problem of multiple and repeated fines without correction, the new "Food Safety Law" stipulates that food producers and operators who have been subject to administrative penalties such as fines and warnings for violation of laws three times within a year shall be ordered to suspend production. , suspension of business or even revocation of license. In addition, the new Food Safety Law also strengthens the investigation of civil legal liability. In order to improve the punitive damages system, in addition to the punitive damages of 10 times the price implemented in the Food Safety Law before the revision, punitive damages in which consumers can request three times the compensation for losses have been added. In addition, the new "Food Safety Law" increases the penalty of administrative detention for serious illegal activities such as illegal addition of non-edible substances, trading of dead livestock and poultry, illegal use of highly toxic and highly toxic pesticides.

At the same time, it is also stipulated that for