Study On Legal Regulation Of Production Records Of Edible Agricultural Products

The edible agricultural products safety influences tens of millions of people.Edible agricultural products are not only used for direct consumption,but also an important raw material for most processed foods.One of the important means to ensure the safety of edible agricultural products is traceability,and production record is the first link of traceability.First of all,the production records of various regions in China is summarized.Combined with specific cases,the problems existing in China’s existing laws and regulations on the production records of edible agricultural products,such as the incomplete coverage of the main body of the production record obligation,the scope of production records is too small,the production record is too short,the penalty is not set properly and other deficiencies,are analysed.The three basic requirements of production record construction,integrity,authenticity,timeliness,are found.The authenticity is the basis for the available production records,the timely performance guarantees authenticity,and the integrity determines the coverage of production records.Then,the three requirements of production record are discussed.The integrity is divided into three pieces.First of all,the subject of obligation must be complete.The necessity of including farmers in the main body of responsibility in production records from both legal principles and actual situation is demonstrated.And the contents of the production record should cover the entire production process,while ensuring the integrity of the transfer process.At last the integrity of the traceability chain should be ensured by processing plant to include records,production record-keeping time extension and other aspects.Authenticity is divided into several links according to the order of record generation,first the recorder’s honesty,and then the record behavior and the record’s subsequent preservation process is true,standardized and reliable.Record carrier should be selected reasonably according to the record demand under the general trend of electronicization,and the recording behavior should follow the principles of real-time field,graphic combination,cross-verification,supplementary error correction.The premises where records are kept should be durable,secure and establish a reasonable review and internal review system.Records should be kept in a durable and secure location.A reasonable review and internal viewing system should be established.In the timeliness section,its importance is emphasized in legal coordination,risk management,and its essential need is to record,archive,review timely.They can be achieved by driving technical improvements,setting the maximum time difference from an event to a record archive,and requiring internal control.Finally,some rationalization proposals on the legal regulation of edible agricultural production records are put forward.It is recommended to promote the standardization of production records by means of cooperative radiation,pair help and the establishment of villagers’ groups.To ensure the integrity,the following measures should be taken: to include farmers in the production record responsibility of the main body,advocate self-breeding process,production process,environmental factors,etc.into the content of production records,standardize the record of inputs.To ensure authenticity,the following measures should be taken: standardize the recording behavior and procedures and provide for the preservation and review of details,advocate the establishment of a reasonable record-keeping system,the establishment of record-keeping persons and strengthen supervision.To ensure timeliness,records,filing,review timely,according to different circumstances set a reasonable delay.In addition,different forms of supervision,incentive and punishment are proposed for different subjects,and new scientific and technological means such as blockchain are proposed to assist in the preservation of production records.