Research On The Legislation Of The Food Safety In Our Country

Food safety problem, which is related to people's health and every (development stability, become the whole world problem that every govern consumer pay the utmost attention to in the past few years. The current for situation of our country that the food poisoning incidents happen frequently the law reacts to it. The characteristics of food safety also need regulating.The full text is divided into four parts altogether.Part I is an analysis of current situation of the food safety legal control system and the major factors which can cause the food safety problems in our country. Firstly, the author analyzed the existing legislations on the food safety in our country. Our country's legislation on this field is relatively backward. The standard system is not perfect too. A lot of standards are too outdated to integrate with international ones. There are a lot of loopholes in the legal systems. Secondly, the author analyzed reasons that cause the food safety problems. Food safety involves the whole production chain. Each link may go wrong. Information asymmetry in food production and circulate chain, imperfect quality control system in the course of food processing, imperfect supervising system, outmoded standard and detection technique, especially the public not being aware of this are the main factors that cause the food safety problem in our country.Part II is theoretical foundation of the legal control on food safety. The food safety problem in our country is very serious now。It has influenced the people's lives and health, economic development and stability of the society. It is a kind of overall and public economic relations. So the legal control problem on food safety should be included in the scope of economic law The author uses the theory on economic law that the market does not work to analyze the food safety problems from three respects, externality, information asymmetry and public articles. Because of influence of externality, both the lawful manufacturers and unlawful ones choose to ignore the food safety problem in order to lower costs. Among marketing, producers' and consumers' information on food quality are not the same. Because of false food advertisement, especially false propaganda in the health food is everywhere; this has caused the asymmetry of information even more. Food safety information, supervision and management to the food market, etc. are all public articles, to these public articles, individual has no ability to offer, which must be offered by the government.Part III is an overview of the food safety supervisee and management system in foreign countries. The author has carried on researching the food safety management systems in U.S.A., European Union, Australia and Japan from two respects of the food safety regulator and legal system mainly. In U.S.A., Ministry of Public Health and a lot of departments and organizations of the federal government at all levels, employ food inspector, microbiologist, epidemiologist and other food scientist, etc. to supervise the food continuously. Criterion and other decrees of state and federal law have clear regulations to these supervisors' authority. U.S.A.'s main food safety authorized decrees include: Federal Food, Drug and Cosmetics Act, FACA, Poultry Product Inspection Act (PPIA), Eggs Product Inspection Act (EPIA), Food Quality Protection Act (FQPA) and Public Health Service Act (PHSA). European Union's relevant management organizations concerning food safety are mainly Food Safety Bureau and Food and Veterinarian's Office. European Union has issued a series of orders, regulations to establish European Union's food safety standards, including examination procedure, animals and plants gene inspection and quarantine standards, health standards and demand for using the products label, etc. Food Standard Bureau of Australia and New Zealand (FSANZ), Australian Inspection and Quarantine Bureau, the Customs, Hygiene and Department of Health Care for the Aged, Agricultural Ministry of Forestry of Fishing, etc., according to each one's duty, is responsible for supervising one or some of the food supplying chain separately. Based on the latest progress in food science and technology and risk assessment management, analyzed impact on economy and the society of food standard and adopted the analysis result of risk about international food standard, FSANZ has made four food safety standards to implement at present. There are two organizations carrying out the administrative and law enforcement directly in Japan. The Japanese food quality safety legislation has five respects mainly: Food quality hygiene; Quality of agricultural products; Quality of the input (agriculture chemical, animal remedy, fodder additive, etc.); Animal's epidemic prevention; Plant protection. It has been proved by study that the key food's safe,food enterprises strong competitiveness and the government strong supervision lies in an advanced food quality safety standard system and measuring system as well as an perfect supervision management system.Other, attempts to construct the food safety legal control systems of our country. In this part the author uses the thought of "food supply chain comprehensive management" to put forward his own legislative idea to the law of food safety of our country from four aspects, i.e. the legal construction, organizational building, management mode and system of controlling. In legal construction, our country should construct the legal system of the food safety in an all-round way, set up agriculture's standardized system, quality system approval procedure of the agricultural system, food quality safety approval procedure, food quality safety market access legal system, food quality surveillance inspection system, red blacklist announce system, food recall system, etc In organizational building, we should change from traditional scattered management to establish the system of unified supervision and management, combine the quality safety measure network, set up and amplify the food accident emergency system. In management mode, we should change from single supervision mode into double supervision mode on both enterprise and products. In controlling system, we should set up the total course control system from farmland to dining table.