Research On The Legal Regulation Of China's Novel Food Safety

With the development of biotechnology,the application of new elements and new technology in the field of food is more and more diverse,for such products,the United Nations Food and Agriculture Organization defines it as "novel food".Novel food is not a specific product,it is lack of assurance of security,there is an unknown risk.The promotion of novel food should be based on the premise of fully protecting the public's right to know.Therefore,the legal regulation of novel food should be a comprehensive consideration of technical means,safety standards and public acceptance.However,the current legal regulations lack of technical information about novel food,the safety standards of the source of functional genes,the transparency and the legal responsibility.Once the novel food into the market,according to the principle of substantial equivalence,the same as traditional food,and for the novel food due to the risks caused by the uncertainty of science and technology,can be based on technical neutrality law exemption.Therefore,the article attempts to analyze how to solve technical security and public trust security two concerns,seeking the balance between scientific and technological innovation and food security needs.First of all,this article summarizes the definition of novel food,the difference between traditional foods,and the challenges of novel food to bring the current legal regulation,from China and the EU' s legislation.Secondly,the article analyzes the current situation and existing problems of the legal regulation of China's new food security,mainly include: The legal regulation of novel food often regarded as a number of specific products,the lack of universality.Lack of consideration of the multi-source and multi-functional prospect of biotechnology,which led to the suspension of the legal responsibility of novel food.The information disclosure of novel food is not convenient and effective,which is not conducive to the protection of consumers' right to know.The lack of legal regulation is a threat to the health of consumers,is not conducive to safeguarding the interests of consumers,will only increase the consumer for novel food distrust,if things go on like this will also not conducive to the development and promotion of novel food.Finally,aiming at the particularity of novel food,need to be in the legal system of the new technology of "food" stage of legal responsibility allocation,it can provide a quantitative standard for food safety management model;for the exemption clause should be amended or re interpretation;and by improving the top-level system,giving the public right of discourse and more of the right to social supervision,to provide more convenient and smooth way.