Legal Obligations Of Food Business Operators Of Food Recall

This article aims to food safety in the first responsible person-food production targets operators,of food production and management of legal liability and legal obligations.Food as a basic human survival and developments of material,as a prerequisite to the developments of society,the safety of food requires a complete law policy.In the incidence of food safety incidents,no matter the developed countries or the developing ones,all risk having the food safety problem,with the technology developing so fast.The article starts from the food recall point of view,to investigate of the liability of food recall system and how to improve the relevant laws and regulations in China.This article was originally written in German during my stay in Germany.Therefore most of its references can be traced back to German materials.The original article was passed at the University of Gottingen.The article is restructured and modified.This article is divided into six parts.With raising a question "what is a food recall and how to bear legal liability",elaborating the first part the definitions of food recall system.Meanwhile the first part make comparisons of the definitions between Chinese food law and European Union law and German food law.The second part discusses the basic legal problems of food recall.They solve the issues about the value goals 1,the mainly participator of food recall.The third part discusses the legal obligations of food recall.The recall obligation is divided into voluntary recall and mandatory recall.Also according to the subject of food recall,the obligations of respective site are different.The fourth part discusses the legal liabilities of food recall.To making the legal character of legal liability of food recall clear,it is important to interpreting the legal character of legal obligation of food recall.With the conclusion of the legal character of legal obligation,the legal character of legal liability of food recall is deduced,that it has the legal character of economic Law.So the legal liabilities of food recall are dived into private law and public law.This chapter discusses concrete legal liabilities of food recall.The sixth part is proposal for legislation.