On The Classified Supervision Legal System Of Health Food

With the gradual development of social economy, the gradual change of people’s consumption conception, and the continuous increase of people’s health consciousness, the health food becomes a part of citizens’ daily food consumption, and the industry of health food develops rapidly. But, at the same time, the related legislation of health food is chaos and lag, and the phenomenon that people pay more attention to approval than regulation is serious, and the defects of the single registration system also have appeared gradually. However, health food is directly related to people’s health and life safety. The government needs to regulate and supervise the health food efficient to ensure the quality and safety of health food, and maintain the legitimate rights and interests of consumers.Chinese law stipulates that the country shall exercise strict supervision and management on health food. But the development of health food market has not yet refined, the single registration system has affected the healthy development of health food industry, the legitimate rights and interests of consumers, as well as social order. Therefore, the transformation of health food supervision mode and establishment of classification of the regulatory system between health food "registration and approval system" and "filing system" are the inevitable requirement to promote the healthy development of health food industry. The "Food Safety Law of the People’s Republic of China" which passed on April 24,2015 have explicitly stipulated the classification management of health food regulatory system, namely the new raw material of health food and the first import health food shall be registered by the food and drug supervision and management departments of the State Council, and other health food operates the record management system. This provision indicates that the registration and approval system of our country health food turn to the combination system of approval and record. The change of regulation mode will have a major impact on the health food production enterprises, relevant government agencies and consumers. It is conducive to remit current situation of poor health food market supervision, safeguard the legitimate rights and interests of consumers, and achieve the transformation of government functions by the classified management of health food and the introduction of part of the record system model of regulation.There are still some problems in the realistic implementation of health food classification regulation system, especially the inadequate legislation, such as the lag of related laws, regulations and the faulty of supporting laws and regulations, and so on, which requires us to constantly explore and perfect. The supervision system of food safety in developed countries relatively perfect, such as EU, Japan and America. They have accumulated valuable experience in the regulation of health food, which provides certain reference for the transformation of our country regulation mode of health food. We should learn the experience and the practice from developed countries by combining the development of health food and the present status of supervision in our country. Besides, the comprehensive governance between the examination and approval system and record management system as well as the translation of classified supervision mode should be completed in stages, designedly and gradually on the basis of risk assessment and within the rules of classification management.