Study On Local Regulatory Legislation Of Food Workshops And Food Vendors Of Jiangxi Province

Food safety problems have a wide range of people,not only closely related to people's daily lives,but also have direct impact on economic and social development and political stability.For a long time,because of the regulatory system is not perfect,coupled with the industry access conditions are not clear enough,widespread food workshops and food vendors,on the one hand to facilitate people's life,on the other hand,it also brings security risks relatively large,has been the hardest hit areas of food safety supervision "".In October 1,2015,it was hailed as the most stringent new food safety law in the history,and the supervision,punishment and accountability were the most concerned.Considering the particularity of food workshops and food vendors and other industries and there has always been a difficult problem of regulation,the provisions of article thirty-sixth,specific measures for the administration of food workshops and food vendors,shall be formulated by the provincial,local authority with all the actual development with local characteristics and strong operability,to solve the problems of management measures.Jiangxi province speeded up the process of enacting local regulations of food workshops and food vendors to practicable the demand of authorized legislation.It made us had a very comprehensive understanding of local industry of food workshops and food vendors and its regulatory issues by carrying out legislation research,which also from side embodies the realistic urgency of conducting local legislation.This article takes it as a breakthrough point,introducing the legislative basis,legislative process,problems existed and interpreting the regulation by analyzing its specific provisions.In this part,this article will focus on analyzing the difficulties we encountered during the process of drafting the bill,such as deliberating the relationship between local legislation and central legislation,determining the drafting body of legislation draft,ascertaining the define of food workshops and food vendors and designing the administrative penalty for unlawful act of food workshops and food vendors.Meanwhile,it will examine the differences among these regulations introduced by different provinces such as the difference of legislation adjustment range,the difference of the drafting body of legislation draft,which the Food and Drug Administration is in the majority and relevant departments of local people'scongress is in the tiny minority,and analyze the rationalization of legislative optionsof Jiangxi province.After that,the article analyzes the meaning of come on this newly issued regulation from three aspects including ensuring food safety,strengthening supervision and Promoting employment,illustrating the controversies this regulation has aroused,including whether it is reasonable to set such the market access for food workshops and food vendors,whether it is necessary to stipulate an allowed production directory for food workshops and food vendors,whether it is impartial to set up such a method for temporary stalls of food vendors and expresses my ideas.Beyond that,this article points the problems that hinder the legal supervision of food workshops and food vendors.At the end of the article,it put forward several advice of promoting the smooth execution of this special regulation including introducing relevant assorted normative documents,accelerating the capacity building of grassroots food-safety supervision,guiding and supporting the food industry self-regulation,improving the information publication mechanism of food-safety,speeding up to formulate the place food safety standards,clearing the government regulatory responsibility.Only by doing these thing can we make sure that the law enforcement of this special legislation and assure our food safety.