On Improvement Of Food Safety Regulatory Regime In China

With the development of economy, the level of people's living standard is becoming higher, but the crisis of food safety is also becoming worse. The whole world's governments and consumers focus on the problem of food safety. Food safety issues will be complex with the mechanization and centralization of food products and will intricacy when food industries use more new materials and new technologies. To solve this problem, all developed countries adopted various regulations and got notable effect. Our country should study those regulations to meet the food safety demand.Recently, food safety issues have got lots of concern all over the world. Many scholars study food safety's theory and practice from legal, economy and ethnics field. Among those fields, the definitions of food, food safety and food safety regulation is more and more clear. At the same time, the theories also undertake more and more extensive research and study on the food safety's elements:food safety law mechanism, food safety regulatory body, food safety standard and food safety exterior environment.Food supply can be divided into three stages in China: inadequate stage, just enough food stage and well-to-do stage. Food safety regulation also can be divided into three periods:germinate period, evaluation period and shaping period. Though it has a higher improvement in food sanitation inspection and food science and food quality certification, the actuality of food safety is not optimism:ill-use of fertilizer and pesticide on agriculture products; pollution on producing area; crisis from farm to table; uncertainty of GM food and other food technologies. Also there are a lot of progresses in food regulatory body, standards, mechanism, and exterior environment, but there are lots of abuse compare to developed countries and areas.America, EU and Japan have more well-rounded experience about food safety law system, which deserve our country's studying. American divide the food safety law into Substantive Law and Procedural Law, which protect food sanitation and safety. Related to idiographic food safety system, American's food recall system deserve our country's study and adopt. EU and Japan have the consummate food safety law mechanism, especially Japan's study-and-adopt abilities deserve China to analysis. China should take the following measures to improve the food safety law mechanism on the basis of advanced experiences: establishing "from farm to fork" whole control principle, risk analysis principle, guard against principle, food suppliers mainly responsible for the food crisis and transparence principle. Food safety law system must reform the following aspects:setting up harmonizes between different laws, increasing punish measures and enhancing maneuverability. To consummate food safety system we also should improve risk analysis system, food recall system and food traceability system.As we all know, America has the safest food in the world because they have the reasonable government supervision. EU is always be considered as the most strict regulation system area, which has the advanced regulation measures and standard. Japan also has the safest food in the world. There are two types of patterns of food safety regulatory body's setup:centralization and decentralization. Many member countries in EU adopted centralization mode, which can avoid regulation gaps and regulation's confusion. Most countries in the world adopted decentralization mode, which can establish the cooperation system among regulatory bodies, such as American and Japan. With the experiences of those countries, China should pay attentions to the following measures to improve regulatory body setup:establish decentralization regulatory pattern based on species; define every regulatory body's duty on the basis of risk communication; sharpen up supervision department's liability.Food Safety Standard is the essential part of Food safety regulatory regime, which can guarantee food safety, maintain people's existence and health. The standard does much contributes to solve food safety problem in food produce, food processing, circulation and consumption. International food safety standard systems include ISO's advanced international food safety standard and CAC's food safety standard. In order to apply those standards ISO certification, HACCP, GMP are accepted by more and more countries. Japan is our neighbor country, which have the same food structure and bite habit as we are, so we can learn a lot from Japan's food safety standard system. China should develop and consummate its current food standard regime on comparative manner: analysis international food safety standard system; summarize safeguard measure of food safety standard system in developed countries. The fourth chapter's conclusion is that China should ensure well run those standards according to whole monitoring, risk assessment and real-time updating principles; China should establish those standards with the harmony, advanced and arrangement's aims; implement the HACCP in whole food enterprises; consolidate certification system; improve inspection system.The exterior environment of food safety regulation ensure the well run of the whole regulatory regime. The exterior environment of food safety regulation has four elements:the symmetry of food safety information; self-discipline of food industry; the level of safeguarding consumer's legal rights; the public voice system. China should adopt following measures on the basis of advanced experiences:enhancing the symmetry of food safety information on the basis of information disclosure system, label system and food advertisement system; strengthen self-discipline of food industry on the basis of bylaw system, sharing information system, food industry monitor system; heighten the level of safeguarding consumer's legal rights; consummate the public voice system.