The foreign standard is not a legal basis Manage severely too while importing the foreign food

The foreign standard is not a legal basis Manage severely too while importing the foreign food
At present, the foreign food is very fast-selling on the market, especially the foreign food with health care function. But is the food really qualified to advance freely on the domestic market? In the lawsuit worth thinking deeply about together that takes place in the market of Wuxi of Jiangsu Province recently.
This lawsuit is has " Wang Hai in Zhejiang " The Feng 's of its title shouldered. Will it be September 5 2009, Jun Feng supermarket buy 3 until " whether Shanghai Communications University hold high stand Co., Ltd. " in do shopping while being large-scale while being famous by one Wuxi The ones that sell " Glue compound capsule of bee " ,Value counts 654 yuan. Then, Feng Jun regards this product as the ordinary food, but only used crude drugs " glue of bee " used for medicines, health food ,Then tell it to the court.
It must accord with Chinese law that Feng Jun thinks, " to import the food and should be listed on China " . According to the relevant regulation " about further standardizing the raw materials of health food and managing the notice ",etc. of Ministry of Public Health, " glue of bee " Have already listed in the article list used for health food; According to State General Burea of Qulity Supervision about " the articles used for health food, can only use in the health food " Regulation,this product last " the health food " Sell on the market under the situation of the written instructions or comments, have human body's healthy and safe hidden danger of influence, have violated the food safety law of our country. The defendant still sells on condition that knows the above-mentioned facts perfectly well, so demand the defendant and return the payment for goods and pay ten times of damages.
The reason of the supermarket side is, " import the food and can be listed on China when according with the foreign standard " . This goods are imported from U.S.A., Ministry of Public Health defends and supervises the letter (2007) The glue of bee in the 274th can't be regarded as the regulation that ordinary food raw materials used, is for the products that China produced, and the products of this case should be applicable to the legal provision of the imported products. The supermarket side proves, this bee's glue products have already passed American Food and Drug Administration (FDA) With the standardard management of quality of production of American medicines (GMP) Verification,these two itemses is U.S.A. is relevant for food strict standard the most where medicines produce. At home, this bee's glue products have already made the hygiene licence too, every batch products, according to fixed inspection and quarantine too, there is a certificate, does not have potential safety hazard to the human body and so ask the court to reject and tell and invite originally.
But the view of the supermarket has not got support from court. The judge thinks, have inconsistent problems of legal provisions of China and the United States in the bee on glue this kind of food, but the products are sold in China, must handle affairs according to the law of China. Finally, the court, through mediating, pay the Feng 's 2000 yuan to finish this case voluntarily with the supermarket side.
The case is mediated and finished, but the question with exposed this case is worth thinking deeply about. Should accord with the national relevant laws and regulations strictly while dealing in various goods, this seems it should be general knowledge. But including the intersection of bee and glue, etc characterize our country as at present " The health food " ,Must make and criticize literary talent the import food that can be listed can be found everywhere on the market. Though this kind of food lacks " The health food " Written instructions or comments,but from entering the GATT, block by nothing to putting on the shelf, be it means whether there are wes at managing at food of importinged at inspection and quarantine.

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