Lecture 7- Introduction to China's legal system and food law

Question 1

What were the original food laws?

Answer 1

• Administrative Measures on Food Hygiene for Trial Implementation (1995)
• Food Hygiene Law (1982; amended 1995)

Question 2

What was the focus on the original food law?

Answer 2

The prevention of unhygienic practices during the processing stage

Question 3

Why was China’s food regulatory system considered incomplete?

Answer 3

The chain was not covered from farm to fork and China experienced a patchwork food-related legislation

Question 4

What was an issue as China’s urban consumer market rapidly expanded (ex. 2008 Melamine Crisis)

Answer 4

Fraud and adulteration

Question 5

What did the Melamine Crisis lead to?

Answer 5

The introduction of the Food Safety Law in 2009

Question 6

What is the Food Safety Law (2009) purpose?

Answer 6

A scientific, risk-based approach towards food safety regulation

Question 7

What is the hierarchy of food “laws” in China?

Answer 7

Laws> Administrative regulations> Local regulations> department and local rules? GB Standards

Question 8

What are the 3 main actors of Chinese Food Law?

Answer 8

• Authorities
• Food Businesses
• Consumers

Question 9

What is the responsibility of SMAR China?

Answer 9

Domestic food production, distribution, consumption and enforcement oversight, quality control and certification, and accreditation activities

Question 10

What is the responsibility of NHC?

Answer 10

Food safety risk assessment, surveillance and outbreak response

Question 11

What is the responsibility of the Ministry of Agriculture and Rural Affairs of the People’s Republic of China?

Answer 11

Domestic primary agriculture production,slaughter and GMO oversight

Question 12

What is the responsibility of GAC?

Answer 12

Import and export supervision

Question 13

Who has joint responsibility for food safety standards?

Answer 13

SAMR and NHC

Question 14

What does CFDA fall under?

Answer 14

SAMR China

Question 15

What does AQSIQ fall under?

Answer 15

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

Question 16

What does NHFPC fall under?

Answer 16

NHC

Question 17

What does MOA fall under?

Answer 17

Ministry of Agriculture and Rural Affairs of the People’s Republic of China

Question 18

What is unique about food business regulations?

Answer 18

Food producers and Food distributors have different laws and procedures

Question 19

What is the aim of the 2015 FSL?

Answer 19

This law is formulated to assure food safety and safeguard the people’s health and life

Question 20

How is the 2015 FSL compared to the 2009 FSL?

Answer 20

• Strengthened government’s supervisory powers
• Unification of food safety standards
• Simplification of the licensing system
• Increased liabilities for non-compliance

Question 21

What is the scope of the 2015 FSL?

Answer 21

• Food
• Food additives
• Food-related products
• NOT:edible agriculture products (“three before”)

Question 22

What are the general principles of the 2015?

Answer 22

To establish a scientific and stringent supervision and administration system
-prevention
risk management
full-process control
social governance

Question 23

What is the core article of the 2015 FSL?

Answer 23

• 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

Question 24

What are some current challenged to the FSL?

Answer 24

• 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

Question 25

What are challenges to search laws?

Answer 25

• limitations to traditional legal research

- alternatives have unofficial translations, secondary literature, and knowledge shared online by experts