The legal system office of the State Council understands food safety law implementing regulations

The legal system office of the State Council understands food safety law implementing regulations
Electricity of July 24 of www.chinanews.com is according to website's news of legal system office, " safety law implementing regulations of the People's Republic of China food " (hereafter referred to as the regulations) Already the 73rd standing meeting of the State Council will have passed on July 8 of 2009. The person in charge of legal system office of the State Council has answered the questions of reporter on the relevant questions of the regulations.
Q: What is the overall thinking of making the regulations?
A:>(hereafter referred to as the food safety law) Have already approved through the seventh meeting of the 11th Standing Committee of the National People's Congress on February 28 of 2009, implemented formally from June 1 of 2009. In order to cooperate with the implementation of this law, since January of 2009, the legal system office drafted together with departments such as Ministry of Public Health,etc.>. During that time, successively opinions of soliciting related departments and locality four times of legal system office; Have held coordination committee five times; Specially listened to the opinions of enterprises, the employer's organization at the same time; From April 24 of 2009 to May 4, the opinion of soliciting the draft publicly to the society, receive nearly ten thousand suggestions together; On the basis of every opinion of abundant research, follow the supervision objective law of the food security, have held the following several points on the overall thinking in regulations: First, further implement enterprises as the responsibility of person liable of safety first of food, strengthen in advance preventing from and producing and managing course, controlling, and whom food happen behind the incident can be traced back to. Second, further strengthen the duty in supervising in food security of every department, improve supervision department with unified and coordinated to combine together mutual coordination in the the systems, connect and cooperate in divide of labour with individual responsibility. Third, specify some comparatively regulations of the principle of safety law of food, strengthen the effectiveness of the system; But the content already regulated specifically to the food safety law, generally no longer repeat the regulation.
Q: What provisions are the regulations made in food safety management responsibility for further implementing enterprises?
A: In order to implement a food operator as the responsibility of person liable of safety first of food, have made three following respects to stipulate in regulations:
First, implement the responsibility of safety management for producing enterprise of food. Production is a foundation of the food security; Ensure the food security, must control the food production process in the whole course. For this reason, the regulations stipulate, enterprises should set up and carry out raw materials confirmation, production process safety management, equipment control,etc. management system of food security; Should make and implement the control request on items such as raw materials, producing key links, examining and transporting and handing over,etc.; Do not accord with control request in the production process, should find out the reason and take the measure of rectification and improvement immediately; Should also record the intersection of food and the intersection of security and administrative situation of production process accurately, pot-life that record no less than 2 years.
Second, set up the sales figure system of the food wholesale enterprise. Implement the responsibility for producing operator of food, the ones that demanded to accomplish food of question can be traced back to. For this reason, detailed fixed the intersection of food and purchase of operator ask for card, ask for ticket at the foundation of obligation already in the intersection of food and safety law, the additional regulation of the regulations, the food wholesale enterprise should record name, quantity, name and contact detail of persons who order goods of authorizing for dispatch food,etc. accurately, or keep the selling note which is loaded with the above-mentioned information; Record, pot-life of note no less than 2 years.
Third, stipulate the safety management responsibility of the service provider of food and beverage. The food and beverage service belongs to the consumption links of the food, its safe state influences consumers' health and life security directly. For this reason, the regulations stipulate, the service provider of food and beverage should make and implement raw materials and purchase the control request, guarantee the raw materials purchased accord with the food safety standard; Find situation such as being putrid and deteriorated of foods to be processed and raw materials, can't process or use. The regulations still require the food and beverage service to offer enterprises to wash and maintain the facility apparatus of food processing, refrigerating etc. regularly.
Q: What provisions are the regulations made in strengthening food security supervision of government and department?
A: In order to impel local governments at all levels and government related departments to bear the supervision responsibility of the food security conscientiously, the ones that carry out the food safety law and establish divide of labour with individual responsibility with the unified and coordinated food security regulatory ystem that combines together effectively, have made the following provisions in regulations:
First, strengthen the local government and improve the supervision of food security and coordinate the responsibility which cooperates with the mechanism. The local people's government should shoulder the total responsibility to the food security supervision of this administrative division. The regulations stipulate, the local people's government above county level should set up and amplify the coordination of the supervision department of the food security and cooperate with the mechanism, combine, improve the information network of the food security, the sharing of technological resources that information sharing and food of food security are examined,etc. that realize. Have also especially defined the organization of unity of people's government at county level, at city level, coordinated the duty of supervision of food security in regulations, stipulate the people's government at county level should organize, coordinate this grade of hygiene, agriculture, quality testing, industry and commerce, food medicines supervision department in unison, manage supervision to the food operator in this administrative division in accordance with the law; To the food operator who the food incident with higher risk happens, should strengthen supervision and management especially. Announce in Ministry of Public Health the food security risk warns information, after or receive the site provincial Ministry of Health and monitor information according to the food security risk that the 10th provision of regulations notifiesing, the people's government at city level and at county level should organize this grade of hygiene, agriculture, quality testing, industry and commerce, food medicines supervision department to take the pointed measure immediately, prevent the food incident.
Make the intersection of food security and risk, monitor plan, the intersection of standard and the intersection of person who plan and to responsible for department work clearly. Further thinning relevant duty provisions of the food safety law of the regulations, define the national food security risk is monitored and planned Ministry of Public Health unites departments such as Quality Testing Bureau, General Administration for Industry and Commerce,etc. to make, the national standard of the food security is planned to be made together with departments such as the Ministry of Agriculture, Quality Testing Bureau,etc. by Ministry of Public Health, the persons who examine the judging panel of national standard of food security will be taken charge of the organization by Ministry of Public Health, the following appraisal of the food safety standard performance is responsible for departments such as the agriculture, quality testing at the same level,etc. by the Ministry of Health above the province level.
Third, strengthen coordination and cooperation in the supervision of food security of every department. On condition that supervise by stage the food security, in order to guarantee globality and validity of supervision, it is necessary to further strengthen and each supervise interdepartmental coordination and cooperation, in order to realize every not sewing and connecting while supervising links. For this reason, the regulations stipulate, Ministry of Public Health should notify departments such as Quality Testing Bureau,etc. of risk monitoring data and analysis result of the food security; The hygiene above the province level, agricultural sector should notify the relevant information that risk monitoring and edible agricultural product quality safety risk of the food security monitors each other, Ministry of Public Health and the Ministry of Agriculture should notify relevant information such as risk assessment result and edible agricultural product quality safety risk assessment result of the food security each other; Department to participate in accident investigation should unity in Ministry of Health organize and coordinate division of labor and coordination of work of downing, cooperate each other, raise the working efficiency that the accident investigates and handles; The daily food security supervised information to involve two or more duties of supervision department, jointly announced by the relevant department.
Q: The regulations are regarded as the related administrative statute of the food safety law, in stipulating, strengthening system practicality in thinning food safety law, what regulations are made?
A: In order to guarantee the food safety law gets carrying out overallly and effectively and accurately, comparatively the system of the principle has been regulated specifically in the regulations are to the food safety law. Mainly have the following contents:
First, stipulated that should start the situation of the risk assessment work of the food security. On the basis that the food safety law has already stipulated the risk appraisal system of the food security clearly, the regulations should start the risk assessment work of the food security while defining the following situations: (1)Offer scientific basis for making or revising the national standard of the food security, need, carry on risk assessment; (2)Need to carry on risk assessment in order to confirm key field, key variety supervised; (3)Find new factor that may endanger the food security; (4)Need to judge whether a certain factor forms food potential safety hazard etc..
Second, the thinning food examines the system again. And consumer consult examine the intersection of organization and register again for help enterprise, prevent from, aggravate enterprise or financial burden because of numerous check at the same time, safeguard the legitimate rights and interests of examining the applicant again, regulations stipulate, examine again mechanism register authorize and approve of to make sure that manages departments such as the department, Ministry of Public Health, Ministry of Agriculture,etc. to announce together by the State Council, examine the check conclusion that the organization provides again in order to examine the conclusion finally; Examined the organization again to examine applicants again to choose by oneself, but can't be with examining the organization as the same organization for the first time.
Third, defined the daily content which supervises information of the food security. Daily 82nd regulation food security of food safety law supervises the announcement department of information. The regulations are further defined the food security supervises information to include at ordinary times: (1)Implement the situation of the administrative licensing according to the food safety law; (2)Order to stop the registers of food, food additive, food relevant products of the production and management; (3)Investigate and prosecute the situation that the food produces and manages the illegal activities; (4)Renovate working condition,etc. in special examination. Fourth, further clear " Virus hepatitis " Range. The first paragraph of article 34 of safety law of food stipulates: "Personnel who suffer from infectious diseases of the digestive tract such as dysentery, typhoid fever, virus hepatitis,etc., and suffer from to active tuberculosis, suppurative or exudative dermatosis,etc. personnel who hinders disease of the food security, can't be engaged in the work of contacting ready-to-eat foods. " The regulations are further clear " Virus hepatitis " Range,stipulate whether it is exposed to to engaged in is it that ready-to-eat foods work suffer from by dysentery, typhoid fever, virus hepatitis, fifth type infectious diseases of the digestive tract such as virus hepatitises,etc.s first type personnel, and suffer from active tuberculosis, suppurative or exudative dermatosis,etc. and hinder disease of the food security, the food operator should adjust it to other work positions not influencing the food security.
In addition regulations recall contents such as the system,etc., act as the thinning provision to food also.
The announcement of this regulation is implemented, will help to further implement the food safety first responsibility of enterprises, strengthen the food security supervision of government and related departments, cooperate with the implementation of the food safety law effectively, improve the food security state of our country from system, improve the integral level of the food security conscientiously.
|