The Legislation Of Organic Food In China

With the increase of food safety incidents and environmental contamination, traditionalfood has suffered from fierce challenges and organic food has met with great favor. It not onlymeets people’s needs in their daily life and does benefit to the eco-system and helps solveenvironmental problems, but also consists with the “ecological civilization” proposed in the18thNational Congress of the Communist Party of China, all of which make organic food extremelyimportant for human beings. In the establishment of a well-running organic food market, inaddition to the advocation by government policy, corresponding legal safeguarding systemwould be indispensible. A well-designed legal safeguarding system would help maintain a goodmarket order and result in sound development, thus resolve the chaotic situations on the organicfood market. Moreover, strict legal standards would pave a pathway for the exportation ofChinese organic food.This essay coincides with ideas of sustainable development and ecological civilization,aiming at exploring a legal system on organic food suitable for the current situation and furtherdevelopment of China. Its first part focuses on the current situations and problems of laws andregulations on organic food in China, which include Administrative measures for organic productcertification, Rules for the implementation of organic product certification, Certification andaccreditation regulations of the people’s republic of China, Food Security Law, pointing out thelack of a comprehensive instructive law on organic food and also the urgency to set forth strictstands for it. The second part is about the advancing foreign legislation, the typical ones are theAmerican Organic Food Production Act, the Japanese the Organic JAS Law, and the EU neworganic agriculture law all these above would provide accountable reference and instruction forthe organic food law enation in China. The third part is an analysis into the necessity andfeasibility to establish legislation upon organic food in China. The necessity is determined byvarious aspects such as our speed in the area of environmental legislation, the rapid developmentof the organic food industry, the chaotic situation on the organic market and foreigncountries’strict standards for exportation of organic food. In the following part, this essayanalyzes and confirms the feasiblity from different standpoints. The fourth part is a contemplatedlegal structure of organic food legislation in China, which is illustrated via four respects,production, processing and sale, certification, license and label, exportation, and legal liability. The legislation on organic food is a long-term process which calls for the efforts of allrelevant areas. This essay, based on the existing laws and regulations in China and the advancinglegislative experiences in foreign countries, explores the frame and structure of organic foodlegislation in China, desiring to do its own contribution to improve the organic food legislationin China.