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Perfection Of China’s Food Recall System

Posted on:2013-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q QinFull Text:PDF
GTID:2246330374490290Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, food safety problems caused the people’s widespread attention. Itbecomes a generally concerned problem for governments and consumers.As animportant part of food safety supervision and management system, the essential foodrecall system is necessary.A food recall is an action to recover will be unacceptable safety risk forconsumers food from the sales, rationing and consumer sectors.The food recall systemwas first produced in the United States,then subsequently of many othercountries.Countrys like U.S., EU and Australia and some regions have typical foodrecall system. The recall system of these countries generally have a sound legalsystem, regulatory system, the recall level and classification of science, and recallprogram integrity and strict liability. our country can learn from the experience of thetypical national recall system, including a sound legal system, a sound regulatorysystem, and traceability and recall of scientific classification, and encourageenterprises to take the initiative to recall.Food recall system as an “exotic” and soon in China, has made some progress,but there are still some problems.“Food Safety Law”,“food recall regulations”andother relevant legislation is the main legal basis of the food recall system. These lawsand regulations have their shortcomings, too principle, or the legal level is too low,and the specificregulations is not enough detail. From legislation and practice,China’sfood recall defects exist in the legal system is not perfect,regulatory system isimperfect, the food traceability system is incomplete,Post-processing of the foodrecall system is unreasonable and corporate illegal low cost.We can learn from the successful experience of developed countries on the basisof combination of the actual situation in our country, improve China’s food recallsystem. Specifically, the first should be improve the food recall legal systemincluding the establishment of Food Recall Management Regulations,improve therelevant legal system. Second, we should strengthen the coordination function of theFood Safety Commission, by the uniform implementation of food safety supervision.Third, we should improve the relevant system, including food safety standards, foodtraceability system, food safety risk assessment system and open system,Provide basicguarantee for the smooth implementation of the food recall system. Recall procedures,improve the post-processing of food recall system is particularly important. In the end, only to increase the liability of the illegal enterprise, while reducing the cost of therecall of a voluntary recall of the enterprise, incentives and penalties, encourageenterprises to voluntarily recalled so as to achieve the protection of consumer rights,reduce business risk, promote social harmony.
Keywords/Search Tags:Food Recall, Unsafe food, voluntary recall, Punitive damages
PDF Full Text Request
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