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12 - Innovating Food, Innovating the Law - DU GANGJIAN

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Piacenza, October 14, 2011 "Innovating Food, Innovating the Law" Conference GANGJIAN DU (Hunan University, China) Law and food safety in China Video: http://vimeo.com/31078486
  • 1.Law and Food Safety in China---Impact of Legal Inovation Du Gangjian Institute of Food and Drug Law Law SchoolHunan University

2. Background of Chinas Food Safety Law

  • Following the outbreak of the contaminated milk powder incident in late 2008, Chinese legislators proposed a revision of the food safety draft law during its third review at the fifth session of the Eleventh National Peoples Congress Standing Committee as a response to the weaknesses uncovered by this incident.
  • On February 28, Chinas National Peoples Congress (NPC) Standing Committee passed the first comprehensive Food Safety Law (FSL) after five years of drafting; the first draft was read in December 2007. The FSL went into effect on June 1, 2009.

3. Revisions

  • Enhancing the responsibilities of the local governments and relative competent authorities,
  • Intensifying the risk assessment and recall system,
  • Establishing the general principles for standard setting,
  • Strengthening the supervision on the small food workshops and vendors as well as the regulation of the additives,
  • Increasing the ability of emergence response to food safety incidents and abolishing the exemption for quality-guaranteed products.

4. Contents of Food Safety Law

  • Chapter I General Provisions
  • Chapter II Monitoring and Assessment of Food Safety Risks
  • Chapter III Food Safety Standards
  • Chapter IV Food Production and Business Operation
  • Chapter V Food Inspection
  • Chapter VI Import and Export of Food
  • Chapter VII Handling of Food Safety Accidents
  • Chapter VIII Supervision and Administration
  • Chapter IX Legal Liabilities
  • Chapter X Supplementary Provisions104 Articles

5. 1.Impact onawareness of rights to safe food as human rights

  • Enhancement of awareness of right to food
  • Although the phrase " right to safe food- " not used in the text, its spirit could be reflected in many provisions.
  • This Law is formulated to assure food safety, and safeguard people's health and life.

6. Constitutional Requirement

  • The state respects and protects human rights.
  • The food safety law is definitely an effective way to put this constitutional requirement into practice and to fulfill its obligations to protect the life and health of its people by the government since the access to safe food is the prerequisite for a safe and healthy life.

7. Food Sustainability and Animal Welfare

  • Food sustainability has to do with protection of the environment and protection of the wellbeing of animals.
  • The forthcoming Animal Protection Law - the country's first comprehensive legislation to protect animals.
  • Animal welfare has become, in fact, a reason to restrict meat imports from China used by some countries. Because of not meeting animal welfare standards, China's meat products, except for rabbit and cooked poultry, are barred as exports to the European Union.
  • In 2008, China's meat production topped 72.69 million tones, accounting for 29 percent of global total output. Exports, however, were only 742,000 tones.

8. 2.Impact on Food Safety Regulatory System

  • The State Council has established the Food Safety Committee, with the responsibilities determined by the State Council.
  • Separation of functions of the different competent authorities from farm to folk while stressing the leading role played by the Ministry of Health.

9. Role of the Health Authorities

  • The health authorities under the State Council is responsible for the overall coordination for food safety, and food safety assessment, development of food safety standards, publishing of food safety information, development of the certification conditions for qualification of the food inspection and testing agencies and the specification of inspection and testing, and organization for investigation and treatment of the significant food safety accidents.

10. Other Regulatory Authorities

  • The authorities for quality supervision, administration of industry and commerce and FDA under the State Council shall be responsible for supervision and management of the food production, food distribution and catering service respectively according to the Law and the requirements of the State Council.
  • Agriculture authority

11. Functions of Local governments

  • Local people's governments at and above county level shall take overall responsibility for, lead, organize and coordinate the supervision and management of food safety in their jurisdiction;
  • establish and hone food safety coordination mechanisms for the inspection and management of food safety, take the leading and commanding role in dealing with food safety emergencies, develop a food safety accountability system, and review and evaluate the performance of food safety regulatory agencies

12. Departments at Local Level

  • The administrative departments for health, agriculture, quality supervision, industry and commerce and FDA at the county level or above shall strengthen communication and close cooperation, exercise the power and bear the responsibilities according to the work division.

13. 3.Impact of Innovation oflegal construct and Processes

  • Many other regulations and implementing measures have been released following the publication of the final food safety law .

14. Implementation Rules of Food Safety Law

  • Implementation Rules of Food Safety Law have been adopted at the 73rd Standing Committee Meeting of the State Council on July 8, 2009,
  • Be effective from the date of issuance---July 20, 2009

15. Contents of Implementation Rules of Food Safety Law

  • Chapter 1 General Provisions
  • Chapter 2 Food Safety Risk Surveillance and Assessment
  • Chapter 3 Food Safety Standard
  • Chapter 4 Food Manufacture and Trade
  • Chapter 5 Food Inspection
  • Chapter 6 Food Import and Export
  • Chapter 7 Response to Food Safety Incidents
  • Chapter 8 Supervision and Administration
  • Chapter 9 Legal Liability
  • Chapter 10 Miscellaneous 64 Articles

16. Food Safety Regulations in Circulation Section

  • Notice of the State Administration for Industry and Commerce on Issuing Eight Systems on Food Safety Regulation in Circulation Section Including the System on Administration of Registration of Subject Entry in Food Market28/8/2009

17. Regulations from SAIC

  • Eight Systems on Food Safety Regulation in Circulation Section
  • Registration System for Entering Food Market
  • Supervising System for Quality of Food Market
  • Visitatorial System of Food Market
  • Checking System of Food Sample
  • Supervising System of Classification of Food Market
  • Predicting System of Food Fafety
  • Supervising System of Food Advertisement
  • Harmonizing System of Implementing Law

18. SFDArequires food accidents reported within six hours

  • The State Food and Drug Administration (SFDA), demands that once accidents occur involving 30 or more people, food and drug regulators at or above the county level should report them to their superiors and local health authorities within six hours.
  • With regard to food safety accidents that occur on campuses, during important nationwide festivities, involve 100 people or more, or kill one or more people, food and drug regulators should not only abide by the "six hour regulation," but also report them to the SFDA "in a timely manner"

19. Requirements from SFDA

  • Catering service runners, should they find food accidents, are asked to immediately stop using all suspicious food and cooking facilities and protect the site. They are also required to report to medical authorities and food regulators at or above the county level within two hours.
  • Heads at schools, companies or government organs will be held accountable if food accidents occur twice in one year in their cafeterias.
  • The SFDA also asked food and drug regulators at all levels to formulate emergency plans to deal with food accidents based on local conditions.

20. Reform of Administrative Review

  • Notice of the State Food and Drug Administration on Promoting the Reform of Administrative Examination and Approval System in the Food and Drug Supervision System of 200930/6

21. Announcement of SAQSIQ

  • Public Announcement of the State Administration of Quality Supervision, Inspection and Quarantine on Issuing the Risk Grades of Import and Export Forage and Forage Additives and Regulatory Manner of Inspection and Quarantine
  • 27/8/2009

22. Strengthening the Live Pig Insurance and Epidemic Prevention

  • Notice of the China Insurance Regulatory Commission and the Ministry of Agriculture on Further Strengthening the Live Pig Insurance and Epidemic Prevention to Promote the Development of Living Pig Production3/8/20093/8/2009

23. Local regulations

  • Provisions of Guangdong Province on Admini

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