The Legal Regulation Of Food-safety Risk Warning

From farm to table is a lengthy process, any one part of this process are likelyhide food-safety problems. Food-safety risk warning disclose potentially unsafeinformation of specific food to consumers and interested parties. However, due to thecomplex and extensive, uncertain characteristics of food-safety risk, understandingand reflection of social public to the information are different. As a publicmanagement and public services, it is their duty of relevant government authority torelease food-safety risk warning information is its duty.Unfortunately, however,China’s food-safety laws and regulations related to food-safety did not define theconnotation of risk warning, nor for the detailed regulations of issued rules and therelief way, and then, it is difficult to guarantee a legal and right risk warning. If anerror occurs in the food-safety risk warning, normal production and business activitiesof food producers and traders will be seriously affected, and how to provide themtimely and effective legal remedies is an issue worthy of study.In this paper, using the methods of material collection, empirical analysis,countermeasure analysis, etc. to analyze the legal issues of food-safety risk warning,and to put forward the corresponding countermeasures, in order to further refine andimprove the food-safety risk warning in terms of the legal provisions, to balance theconflict between the national health administrative departments who haveresponsibility to issue risk warning and producers and business operators who havelegitimate interests, to ensure the producers and business operators who are violatedto get legal relief.In this paper, the first part is case description and the discovery of legal issues.Through the brief introduction of Guangzhou "poisonous fruit" case and the NongfuSpring "total arsenic exceeded" case, pointed out that the false food-safety riskwarning is of frequent, damaged the interests of producers and operators seriously,and its legitimacy has been questioned, made the issue of risk warning in a mess, allthat made the release behavior of regulators need to regulate.The second part is the cause of the legal issues of food-safety risk warning.there are three main reasons to the legal problems of food-safety risk warning. First,the qualitative of warning information issued by supervision department is unknownand the connotation of risk warning is not clearly defined; Second, the specific issue rules of food-safety risk warning is imperfect, Specifically pointed out the issuesubject of risk warning is not clear, uncertain release conditions and timing, thevacancy of pre-release program to communicate and space potency specification isthe cause which make the risk warning issued behavior in to chaos; Third, the lack ofremedies of the wrong issued food-safety risk warning. Specifically, as theadministrative fact behavior, the remedies of food-safety risk warning, includingadministrative reconsideration, administrative litigation and national compensation，can not work well, due to the presence of hindered terms, that is why the producersand business operators who are violated can not get timely remedies.The third part is the idea of solving the legal issues of food-safety risk warning.First, the connotation and characteristics of food-safety risk warning has been clearlydefined; Secondly, the specific issue rules of risk warning has been detailed,specifically, regulated issue subject and authority of food-safety risk warning,regulated issue order of risk warning; Determined the conditions of issued purpose,facts, degree of the risk warning, determined the timing to release risk warning is thetime that there is no other alternative measures or other measures can not meet asrelease information can be directly reach the effect, to ensure the public safety of lifeand health; Developed the pre-release program to communicate and on the basis ofthe hierarchy of risk warning, made space potency specification of risk warning.Finally, perfected the remedies of wrong issued food-safety risk warning. Including,modified the "specific administrative act" to "administrative powers act", expandedthe scope of administrative reconsideration and administrative litigation case range, sothat the risk warning, as administrative fact behavior, can be able to useadministrative reconsideration and administrative litigation to get relief; Increase theuse of the the principle of the results of imputation,, change compensation standardsof state compensation in the specific administrative compensation, so that the statecompensation can be better applied.