Research On Follow-up Observing Obligation Of Food Producers And Operators

Food producers and operators take the primary responsibility for food safety. Follow-up observing obligation is the important embodiment for food producers and operators taking the primary responsibility. Follow-up observing obligation of food producers and operators extended the food producers and operators’responsibility to the food circulation field, which is of great significance to protect the interests of public safety and maintain consumer groups. Follow-up observing obligation of food producers and operators is imperfect in theory and practice and system in China. Based on the current situation of follow-up observing obligation of food producers and operators in our country, through comparing the legislation and practice of others’countries to summarize and draw lessons from the valuable experience in this paper.The text consists of five parts.The first part describes the basic theory of follow-up observing obligation of food producers and operators. The concept of follow-up observing obligation of food producers and operators is that food producers and operators continue observing the bear food, tracking, collecting, reporting food security information and taking warning, if necessary, recalling and other obligations remedies for the food in circulation field. Food producers and operators are the main body of it, and the perform range is food circulation field rather than other areas. What’s more, this section discusses the main contents of follow-up observing obligation of food producers and operators, which including observing food tracking obligation, after-sale warning obligation and food recall obligations. The legal nature of aftermarket observing obligation of food producers and operators belongs to the category obligations,it is a legal obligation and has the dual attributes of public and private law.The second part mainly analyzes the current legislation situation of follow-up observing obligation of food producers and operators belongs in our country. "Food Safety Law" and other laws and regulations are all focused on food recall obligations, provide aftermarket warning obligation imperfectly, especially lack legal provisions of the obligation to observing the food tracking.The third part discusses existing problems of follow-up observing obligation of food producers and operators. Currently, there has six major problems existing of food producers and operators in our country, including lacking the obligation to observing the food tracking by law, gossamer legal norms and theoretical basis of after-sale warning obligation, imperfect food recall obligations and food safety tractability system, inadequate safeguard mechanisms and punishment being payed attention to administrative responsibility but not civil liability.The fourth part compares the follow-up observing obligation of food producers and operators of extra-regional countries, which mainly introduces the legislative experience and related systems of follow-up observing obligation of food producers and operators in EU,Japan and US.What’s worth learning is that extra-regional countries has a relatively sound legal system and security system of follow-up observing obligation of food producers and operators belongs.The fifth part is about the perfect proposal for the follow-up observing obligation of food producers and operators. According to the current problems and useful foreign experience, the article will put forward reasonable proposals mainly from the following three aspects. Firstly, strengthen the obligation of the follow-up observing obligation of food producers and operators to improve the theoretical and legal system construction. Secondly, strengthen the liability position of civil liability in the follow-up observing obligation of food producers and operators. Finally, establish and improve the safeguard obligations of the follow-up observing obligation of food producers and operators, which mainly includes improve and construct the food tractability system and implement the mandatory liability insurance of food safety.