What is the basis of food safety risk assessment stipulated in the Food Safety Law?

The newly implemented Food Safety Law has established a scientific management system based on food safety risk monitoring and assessment, and defined the results of food safety risk assessment as the scientific basis for formulating and revising food safety standards and implementing food safety supervision and management. The law aims at the difficult problems existing in the current food supervision, such as health food, online food trading, food additives and so on. Implement the strictest whole process management in all aspects such as production, sales and catering service. We will increase penalties for illegal acts and increase the accountability of local government leaders and supervisors. If the case constitutes a crime, criminal responsibility shall be seriously investigated according to law. Six situations need to be evaluated. In order to prevent food safety risks, the state has established a food safety risk assessment system, which uses scientific methods to assess biological, chemical and physical hazards in food, food additives and food-related products. The health administrative department of the State Council is responsible for organizing food safety risk assessment, and establishing a food safety risk assessment expert committee composed of experts in medicine, agriculture, food, nutrition, biology and environment. The results of food safety risk assessment were published by the health administrative department of the State Council. The following six situations need to be evaluated: 1. Food, food additives and food-related products may have potential safety hazards after passing food safety risk monitoring or receiving reports; 2. Risk assessment is needed to provide scientific basis for formulating or revising national food safety standards; 3, in order to determine the key areas of supervision and management, the need for risk assessment of key varieties; 4. Discover new factors that may endanger food safety; 5. It is necessary to judge whether a certain factor constitutes food safety hazards; 6. Other circumstances in which the health administrative department of the State Council considers it necessary to conduct risk assessment. After food safety risk assessment, it is concluded that food, food additives and food-related products are unsafe. The State Council The US Food and Drug Administration and the quality supervision department shall, according to their respective duties, immediately announce to the public, inform consumers to stop eating or using, and take corresponding measures to ensure that the food, food additives and food-related products stop production and operation. Formulating unified safety standards National standards for food safety shall be formulated and promulgated by the health administrative department of the State Council in conjunction with the food and drug supervision and administration department of the State Council. Food safety standards are mandatory standards. In addition to food safety standards, no other mandatory food standards may be formulated. Food safety standards include: the limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other substances harmful to human health in food, food additives and food-related products; Variety, scope of application and dosage of food additives; Nutritional requirements of main and supplementary foods specially designed for infants and other specific groups; Requirements for labels, signs and instructions related to food safety requirements such as hygiene and nutrition; Hygienic requirements in the process of food production and operation; Quality requirements related to food safety; Food inspection methods and procedures related to food safety; Other contents that need to formulate food safety standards. The formulation of national food safety standards should be based on the results of food safety risk assessment, fully consider the results of edible agricultural products safety risk assessment, refer to relevant international standards and international food safety risk assessment results, and publish the draft national food safety standards to the society, and listen to the opinions of food producers, operators, consumers and relevant departments. Strengthening the management responsibility of local governments in maintaining the market environment, local governments are in an important position, and the new Food Safety Law has strengthened the food safety management responsibility of local governments. The new Food Safety Law stipulates that people's governments at or above the county level should incorporate food safety work into the national economic and social development plan at the same level, incorporate food safety work funds into the fiscal budget of the government at the same level, and strengthen the capacity building of food safety supervision; The provincial people's congress or the provincial people's government shall formulate specific laws governing food production and processing workshops and food vendors. In accordance with the provisions of the Legislative Law, if the law explicitly requires the relevant state organs to make supporting specific provisions on special matters, the relevant state organs shall make the provisions within one year from the date of implementation of the law. The new Food Safety Law strengthens the investigation of local governments' food safety responsibilities, and stipulates that corresponding administrative sanctions shall be set for those who fail to report or handle food safety accidents according to law, or fail to timely organize rectification of regional food safety problems involving multiple links within their administrative areas, and fail to establish a whole-process food safety supervision mechanism and information sharing mechanism. Increasing the main responsibility of enterprises Compared with the Food Safety Law before revision, the new Food Safety Law strengthens the main responsibility of food producers and operators from three aspects. First, food production and marketing enterprises are required to establish a food safety management system, equip full-time or part-time food safety management personnel, and strengthen training and assessment. The main person in charge of the enterprise is required to be fully responsible for the food safety work of the enterprise and earnestly implement the food safety management system. The second is to strengthen risk control in the process of food production and operation, requiring food production enterprises to establish and implement risk control systems such as raw materials, key links, inspection and transportation. Third, enterprises must increase the food safety self-inspection and reporting system. Food producers and operators shall regularly check and evaluate the food safety situation; If the conditions change and no longer meet the food safety requirements, food producers and operators shall take corrective measures; If there are hidden dangers of food safety accidents, it shall immediately stop production and operation and report to the food and drug supervision department. Establish a food safety traceability system: The state encourages food producers and operators to collect and retain production and operation information by means of informationization, and establish a food safety traceability system. The food and drug supervision and administration department of the State Council shall, jointly with the agricultural administrative department of the State Council and other relevant departments, establish a whole-course traceability cooperation mechanism for food safety. Establish a food recall system: if food producers find that the food they produce does not meet the food safety standards or there is evidence that it may endanger human health, they should immediately stop production, recall the food that has been put on the market, notify the relevant producers, operators and consumers, and record the recall and notification. If a food business operator discovers that the food it deals in has the circumstances specified in the preceding paragraph, it shall immediately stop the business operation, notify the relevant producers, operators and consumers, and record the situation of stopping the business operation and notifying them. If the food producer thinks it should be recalled, it should be recalled immediately. Where the circumstances specified in the preceding paragraph are caused by the reasons of the food business operators, the food business operators shall recall the food they handle. Food producers and operators shall take measures such as harmless treatment and destruction to prevent the recalled food from entering the market again. Food producers can continue to sell food recalled because labels, signs or instructions do not meet food safety standards, provided that remedial measures are taken to ensure food safety; When selling, it should clearly explain the remedial measures to consumers. Consumers can claim compensation through various channels. The new "Food Safety Law" strengthens the protection of consumers' rights and interests, and stipulates that food producers and operators should implement the first-receiving responsibility system after receiving consumers' claims for compensation (that is, consumers can seek compensation from any one of them, and whoever finds out first will be obliged to bear the responsibility); On the basis of the joint and several liability of the centralized trading market stipulated in the original Food Safety Law, the new Food Safety Law adds the stipulation that the third-party platform providers of online trading shall bear joint and several liability if they fail to fulfill their legal obligations. At the same time, it also stipulates that food inspection agencies issue false inspection reports, and certification agencies issue false argumentation conclusions, which damages the legitimate rights and interests of consumers, and also requires joint liability with producers and operators. The new Food Safety Law also requires the media that fabricate and disseminate false food safety information to bear the liability for compensation, and strengthens the civil liability for fabricating and disseminating false food safety information. The reason why the new law is called "the strictest food safety law in history" not only has a wider punishment content, but also the amount of administrative fines has been greatly increased. For example, the former Food Safety Law stipulated that illegal activities such as producing and selling foods with drugs and producing infant formula milk powder whose nutritional components do not meet the national standards can be fined up to 10 times of the value, while the new Food Safety Law stipulated that a fine of up to 30 times of the value can be imposed. The new Food Safety Law stipulates that food and drug regulatory authorities shall order food producers and business operators to stop production or business until their licenses are revoked if they are punished by fines, warnings and other administrative punishments for three times within one year. In addition, the new Food Safety Law also strengthens the investigation of civil legal liability. In order to improve the punitive damages system, on the basis of the punitive damages of 10 times the price implemented in the Food Safety Law before the revision, the punitive damages that consumers can demand to pay three times the compensation are added. In addition, the new "Food Safety Law" has increased the administrative detention and punishment for serious illegal acts such as illegally adding non-edible substances, operating dead livestock and poultry, and illegally using highly toxic and highly toxic pesticides. At the same time, it also stipulates that those who are sentenced to fixed-term imprisonment or more for food safety crimes shall not engage in food production, operation and management for life. On February 28th, 2009, the Seventh Session of the 11th the National People's Congress Standing Committee (NPCSC) passed the Food Safety Law of People's Republic of China (PRC). In order to meet the needs of social development, solve the food safety problems in real life and better ensure food safety, the National People's Congress revised the Food Safety Law on February 25, 20 14, which came into effect on February 25, 20 15. So, what are the highlights of this food safety law, which is called "the strictest in history"? Compared with the old and the new, what protection and rights protection channels do consumers have? What should Chinese and foreign enterprises and operators pay attention to? We ask Lawyer Ma of Beijing Law Firm to explain in detail. The newly implemented Food Safety Law has established a scientific management system based on food safety risk monitoring and assessment, and defined the results of food safety risk assessment as the scientific basis for formulating and revising food safety standards and implementing food safety supervision and management. The law aims at the difficult problems existing in the current food supervision, such as health food, online food trading, food additives and so on. Implement the strictest whole process management in all aspects such as production, sales and catering service. We will increase penalties for illegal acts and increase the accountability of local government leaders and supervisors. If the case constitutes a crime, criminal responsibility shall be seriously investigated according to law. Six situations need to be evaluated. In order to prevent food safety risks, the state has established a food safety risk assessment system, which uses scientific methods to assess biological, chemical and physical hazards in food, food additives and food-related products. The health administrative department of the State Council is responsible for organizing food safety risk assessment, and establishing a food safety risk assessment expert committee composed of experts in medicine, agriculture, food, nutrition, biology and environment. The results of food safety risk assessment were published by the health administrative department of the State Council. The following six situations need to be evaluated: 1. Food, food additives and food-related products may have potential safety hazards after passing food safety risk monitoring or receiving reports; 2. Risk assessment is needed to provide scientific basis for formulating or revising national food safety standards; 3, in order to determine the key areas of supervision and management, the need for risk assessment of key varieties; 4. Discover new factors that may endanger food safety; 5. It is necessary to judge whether a certain factor constitutes food safety hazards; 6. Other circumstances in which the health administrative department of the State Council considers it necessary to conduct risk assessment. After food safety risk assessment, it is concluded that food, food additives and food-related products are unsafe. The State Council The US Food and Drug Administration and the quality supervision department shall, according to their respective duties, immediately announce to the public, inform consumers to stop eating or using, and take corresponding measures to ensure that the food, food additives and food-related products stop production and operation. Formulating unified safety standards National standards for food safety shall be formulated and promulgated by the health administrative department of the State Council in conjunction with the food and drug supervision and administration department of the State Council. Food safety standards are mandatory standards. In addition to food safety standards, no other mandatory food standards may be formulated. Food safety standards include: the limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other substances harmful to human health in food, food additives and food-related products; Variety, scope of application and dosage of food additives; Nutritional requirements of main and supplementary foods specially designed for infants and other specific groups; Requirements for labels, signs and instructions related to food safety requirements such as hygiene and nutrition; Hygienic requirements in the process of food production and operation; Quality requirements related to food safety; Food inspection methods and procedures related to food safety; Other contents that need to formulate food safety standards. The formulation of national food safety standards should be based on the results of food safety risk assessment, fully consider the results of edible agricultural products safety risk assessment, refer to relevant international standards and international food safety risk assessment results, and publish the draft national food safety standards to the society, and listen to the opinions of food producers, operators, consumers and relevant departments. Strengthening the management responsibility of local governments in maintaining the market environment, local governments are in an important position, and the new Food Safety Law has strengthened the food safety management responsibility of local governments. The new Food Safety Law stipulates that people's governments at or above the county level should incorporate food safety work into the national economic and social development plan at the same level, incorporate food safety work funds into the fiscal budget of the government at the same level, and strengthen the capacity building of food safety supervision; The provincial people's congress or the provincial people's government shall formulate specific laws governing food production and processing workshops and food vendors. In accordance with the provisions of the Legislative Law, if the law explicitly requires the relevant state organs to make supporting specific provisions on special matters, the relevant state organs shall make the provisions within one year from the date of implementation of the law. The new Food Safety Law strengthens the investigation of local governments' food safety responsibilities, and stipulates that corresponding administrative sanctions shall be set for those who fail to report or handle food safety accidents according to law, or fail to timely organize rectification of regional food safety problems involving multiple links within their administrative areas, and fail to establish a whole-process food safety supervision mechanism and information sharing mechanism. Increasing the main responsibility of enterprises Compared with the Food Safety Law before revision, the new Food Safety Law strengthens the main responsibility of food producers and operators from three aspects. First, food production and marketing enterprises are required to establish a food safety management system, equip full-time or part-time food safety management personnel, and strengthen training and assessment. The main person in charge of the enterprise is required to be fully responsible for the food safety work of the enterprise and earnestly implement the food safety management system. The second is to strengthen risk control in the process of food production and operation, requiring food production enterprises to establish and implement risk control systems such as raw materials, key links, inspection and transportation. Third, enterprises must increase the food safety self-inspection and reporting system. Food producers and operators shall regularly check and evaluate the food safety situation; If the conditions change and no longer meet the food safety requirements, food producers and operators shall take corrective measures; If there are hidden dangers of food safety accidents, it shall immediately stop production and operation and report to the food and drug supervision department. Establish a food safety traceability system: The state encourages food producers and operators to collect and retain production and operation information by means of informationization, and establish a food safety traceability system. The food and drug supervision and administration department of the State Council shall, jointly with the agricultural administrative department of the State Council and other relevant departments, establish a whole-course traceability cooperation mechanism for food safety. Establish a food recall system: if food producers find that the food they produce does not meet the food safety standards or there is evidence that it may endanger human health, they should immediately stop production, recall the food that has been put on the market, notify the relevant producers, operators and consumers, and record the recall and notification. If a food business operator discovers that the food it deals in has the circumstances specified in the preceding paragraph, it shall immediately stop the business operation, notify the relevant producers, operators and consumers, and record the situation of stopping the business operation and notifying them. If the food producer thinks it should be recalled, it should be recalled immediately. Where the circumstances specified in the preceding paragraph are caused by the reasons of the food business operators, the food business operators shall recall the food they handle. Food producers and operators shall take measures such as harmless treatment and destruction to prevent the recalled food from entering the market again. Food producers can continue to sell food recalled because labels, signs or instructions do not meet food safety standards, provided that remedial measures are taken to ensure food safety; When selling, it should clearly explain the remedial measures to consumers. Consumers can claim compensation through various channels. The new "Food Safety Law" strengthens the protection of consumers' rights and interests, and stipulates that food producers and operators should implement the first-receiving responsibility system after receiving consumers' claims for compensation (that is, consumers can seek compensation from any one of them, and whoever finds out first will be obliged to bear the responsibility); On the basis of the joint and several liability of the centralized trading market stipulated in the original Food Safety Law, the new Food Safety Law adds the stipulation that the third-party platform providers of online trading shall bear joint and several liability if they fail to fulfill their legal obligations. At the same time, it also stipulates that food inspection agencies issue false inspection reports, and certification agencies issue false argumentation conclusions, which damages the legitimate rights and interests of consumers, and also requires joint liability with producers and operators. The new Food Safety Law also requires the media that fabricate and disseminate false food safety information to bear the liability for compensation, and strengthens the civil liability for fabricating and disseminating false food safety information. The reason why the new law is called "the strictest food safety law in history" not only has a wider punishment content, but also the amount of administrative fines has been greatly increased. For example, the former Food Safety Law stipulated that illegal activities such as producing and selling foods with drugs and producing infant formula milk powder whose nutritional components do not meet the national standards can be fined up to 10 times of the value, while the new Food Safety Law stipulated that a fine of up to 30 times of the value can be imposed. The new Food Safety Law stipulates that food and drug regulatory authorities shall order food producers and business operators to stop production or business until their licenses are revoked if they are punished by fines, warnings and other administrative punishments for three times within one year. In addition, the new Food Safety Law also strengthens the investigation of civil legal liability. In order to improve the punitive damages system, on the basis of the punitive damages of 10 times the price implemented in the Food Safety Law before the revision, the punitive damages that consumers can demand to pay three times the compensation are added. In addition, the new "Food Safety Law" has increased the administrative detention and punishment for serious illegal acts such as illegally adding non-edible substances, operating dead livestock and poultry, and illegally using highly toxic and highly toxic pesticides. It also stipulates that