The Judgment Standard Of Illegal Food Safety Public Warning

Public warning is a kind of administrative activity taken by administrative agency.Through the release of public warnings,the agency pass the information of risks to public.In the field of food safety,food safety public warning can effectively improve the management efficiency of the administrative agency and the public's ability to avoid risks.However,once the administrative agency point out the risk to a specific food,as interested parties,the food production operators are often adversely affected.Especially an illegal food safety public warning will lead to the damage of interested parties' legal rights.So as to provide legal remedy to those interest party whose lawful rights and interests are violated,the main problem facing is how to determine the illegality of public warning,which is based on the forecast of uncertain risk.The law provides four illegal judgment standards for the food safety public warning,including:administrative authority,accurate and objective content,legal basis and legal procedure.The contents of the public warning of food safety are uncertain risks.Based on the characteristics of uncertain risk,this paper reflects on the illegal judgment standard stipulated by law.In this paper,we find that there are some problems in the application of the standards for content and procedures.The food safety public warning which the content is not accurate and objective or does not comply with the statutory procedures maybe not necessarily illegal.According to the characteristics of uncertain food safety risks,this paper corrects some illegal judgment standards for the food safety public warning.To determine whether the information content of food safety public warning is illegal,the key lies in whether the content is based on the reasonable risk prediction results.To determine whether the procedures for the publication of a public warning of food safety are illegal,the key lies in the requirements for the prediction and publication of the risks in compliance with statutory procedures and due process requirements.Finally,this article draws the conclusion.