Lecture 7- Introduction to China's legal system and food law Flashcards
What were the original food laws?
- Administrative Measures on Food Hygiene for Trial Implementation (1995)
- Food Hygiene Law (1982; amended 1995)
What was the focus on the original food law?
The prevention of unhygienic practices during the processing stage
Why was China’s food regulatory system considered incomplete?
The chain was not covered from farm to fork and China experienced a patchwork food-related legislation
What was an issue as China’s urban consumer market rapidly expanded (ex. 2008 Melamine Crisis)
Fraud and adulteration
What did the Melamine Crisis lead to?
The introduction of the Food Safety Law in 2009
What is the Food Safety Law (2009) purpose?
A scientific, risk-based approach towards food safety regulation
What is the hierarchy of food “laws” in China?
Laws> Administrative regulations> Local regulations> department and local rules? GB Standards
What are the 3 main actors of Chinese Food Law?
- Authorities
- Food Businesses
- Consumers
What is the responsibility of SMAR China?
Domestic food production, distribution, consumption and enforcement oversight, quality control and certification, and accreditation activities
What is the responsibility of NHC?
Food safety risk assessment, surveillance and outbreak response
What is the responsibility of the Ministry of Agriculture and Rural Affairs of the People’s Republic of China?
Domestic primary agriculture production,slaughter and GMO oversight
What is the responsibility of GAC?
Import and export supervision
Who has joint responsibility for food safety standards?
SAMR and NHC
What does CFDA fall under?
SAMR China
What does AQSIQ fall under?
The Certification and Accreditation Administration (CNCA) and Standardization Administration (SAC) falls under SAMR China but the China Entry-Exist Inspection and Quarantine Administration falls under GAC
What does NHFPC fall under?
NHC
What does MOA fall under?
Ministry of Agriculture and Rural Affairs of the People’s Republic of China
What is unique about food business regulations?
Food producers and Food distributors have different laws and procedures
What is the aim of the 2015 FSL?
This law is formulated to assure food safety and safeguard the people’s health and life
How is the 2015 FSL compared to the 2009 FSL?
- Strengthened government’s supervisory powers
- Unification of food safety standards
- Simplification of the licensing system
- Increased liabilities for non-compliance
What is the scope of the 2015 FSL?
- Food
- Food additives
- Food-related products
- NOT:edible agriculture products (“three before”)
What are the general principles of the 2015?
To establish a scientific and stringent supervision and administration system -prevention risk management full-process control social governance
What is the core article of the 2015 FSL?
- Food shall not be placed on the market if it is unsafe
- No following food, food additives, or food-related products may be produced or distributed
What are some current challenged to the FSL?
- FSL does not address overlapping competences among authorities
- official controls: lack of trained technical staff
- ineffectiveness of law enforcement
- fragmented food industry (80% small scale)
- e-commerce confusion
