Supervision of "Monday morning quarterback": check whether there is exposure, even if there is no exposure.
According to the latest data from authoritative departments, in 20 10, the relevant departments * * inspected 35.52 million production and business units of various edible agricultural products, foods and related products, investigated and dealt with various violations of laws and regulations130,000, arrested 248 criminal suspects, and banned or stopped more than 654.38 million illegal enterprises. The rectification of food safety is not strong, but why are food safety incidents still frequent?
With the exposure of Lu Sheng Food Company's illegal use of pigments to produce "dyed" steamed bread, relevant departments quickly investigated and dealt with it. However, the doubts did not disappear with the publication of the survey results. A steamed bread needs to go through many barriers, such as enterprise internal control, quality supervision, industry and commerce, from production to sales to the people's table, but unfortunately, in addition to the "black heart" of operators, the safety supervision defense line "collectively fell".
The reporter found that from the exposed incidents of "dyeing steamed bread", "recycling bread", "clenbuterol" and "beef sauce" to the previously disclosed incidents of "melamine milk powder", "big head doll" milk powder and "fake wine", it is not uncommon, among which "Monday morning quarterback" supervision was exposed.
The melamine milk powder incident in 2008 began in March of that year, and Sanlu Group and relevant departments received feedback from consumers one after another. In the previous four or five months, testing institutions at all levels repeatedly tested Sanlu milk powder, and "no problems were found". It was not until it was exposed by the media in September that local governments and enterprises began to "thoroughly investigate".
At the end of 20 10, in the "Changli wine counterfeiting incident" in Hebei province, the local fake wine industry existed for many years, forming a "one-stop anti-counterfeiting", which even led to a fire in which local wine, food additives and manufacturers made counterfeit brand-name wine labels, but the local regulatory authorities were "unaware". It was not until it was exposed that "immediate" intervention began. ...
In the "Clenbuterol" incident, the relevant departments told the outside world after investigation that the confirmed "Clenbuterol" positive pigs were mainly concentrated in four counties and cities around Jiyuan, Henan Province. Coincidentally, it is these four counties and cities that have been exposed by the media. "The media survey so accurate? Is it reassuring not to be exposed? " In the interview, some people still have doubts.
In reality, there are more than 400,000 food, food additives and food-related products manufacturers and small workshops in China, with relatively little manpower and imperfect rapid routine detection ability. "Supervision is difficult, but this cannot be a' shield' for lack of supervision!" Professor Ma Guanghai, an expert on social issues at Shandong University, believes that as the "gatekeeper" of people's food safety, a few supervisory staff muddle along and check whether there is exposure. Even if there is no exposure, how can such food safety incidents not happen?
Interest determines the choice: "law enforcement for the people" or "law enforcement for the benefit"
Judging from the food safety incidents that have been exposed, it has become a "regulatory habit" for some regulatory authorities to "look at samples in the office"; In the "Clenbuterol" incident, the embarrassment of "letting pig farmers take samples for inspection by themselves" was exposed. What's more, a few regulatory departments and staff regard whether they can generate income as the selection criteria for management or not, and even law enforcement corruption occurs, and regulatory responsibilities are forgotten.
Needless to say, although financial support has increased in recent years, the current food safety supervision task is heavy, and there is still a big gap in capital demand. According to the reporter's investigation, under the current system, the office expenses and staff salaries of some local supervision departments have to be "solved" by the fines returned by superiors, which has caused some departments and staff to "enforce the law for the benefit".
A food inspector from the Quality Supervision Bureau of a county in Shandong Province repeatedly reported to reporters the problem of grassroots supervision: "The current financial support mechanism is not very smooth. The provincial and municipal bureaus deduct some fees and fines, and the remaining 80% is their own. Everyone's wages and benefits are paid from fees and fines. Can there be no loopholes in such supervision? If the previously exposed Shanghai taxi operation is' fishing law enforcement', we have now become' fish farming law enforcement', and the daily work goal is to think about how to complete the task of' income generation'. "
The purpose of fines was originally to strengthen supervision and punish violations of laws and regulations. However, the survey found that fines are actually "profitable" for some grassroots supervisors.
For example, the food inspector said that even if fraud was found in law enforcement, it could not be punished. The punishment is too severe. Who will you ask for money next year? The original fine was 654.38 million yuan, and the enterprise paid the "protection fee". Why don't you let go? Under such strange circumstances, regulators and illegal enterprises will soon become' the same interests'.
It is understood that this phenomenon is not a case. A person in charge of a grass-roots supervision department in Zhejiang told reporters that in some years, they may not work for several months, because "early efforts" completed the "income-generating" task for the whole year ahead of schedule.
The reporter saw on the websites of "Home of Quality and Technical Supervisors" and "China Quality News" that there was a post saying that "our salary comes from the illegal income of enterprises" and "as long as we give money, it will immediately become a melon seed face. Whether you can eat or not is more important than whether you have face. "
In addition, the pressure from some local governments has also weakened supervision. A person in charge of a local quality supervision department complained to reporters that the government's top priority is to develop the economy. The regulatory authorities only care about small enterprises, and it doesn't matter if they fight flies. If the food enterprises and industries that have made important contributions to the local area are "selfless", the leaders will talk to you.
Accountability needs to be in place: to prevent "small things drag on big things, big things drag on explosions"
Some experts pointed out that judging from the food safety incidents that have been exposed, although there are indeed dereliction of duty and dereliction of duty, laws and regulations lack a clear definition of how to judge whether the regulatory authorities perform their duties in place. Every time there is a food safety problem, the regulatory authorities point the finger at the perpetrators with "confidence", but the dereliction of duty of the regulatory authorities and supervisors is easily overlooked. "This phenomenon must be eliminated and the regulatory authorities cannot be exempted." Ma Guanghai said.
"In today's highly developed information technology and people's high concern about food safety, once food safety supervision is not timely, it will easily lead to' small things dragging, big things dragging', so strengthening supervision is an important breakthrough." Experts such as Chen, a public opinion expert and researcher of Tianjin Academy of Social Sciences, believe that we should start with the phenomenon that "investigation is slower than exposure" and investigate and deal with dereliction of duty, abuse of power for personal gain, law enforcement corruption, departmental profit-making and other behaviors with iron fist.
Although some achievements have been made in food safety work, compared with the requirements of the CPC Central Committee and the State Council and the expectations of the people, there is still a big gap in food safety level, and it is still necessary to continuously improve the system and mechanism to form a long-term supervision mechanism.
Achieve seamless supervision throughout the process. The food industry has a long industrial chain, many links and scattered regulatory power, so it is necessary to form a joint regulatory force to improve regulatory efficiency. "We often say that the food safety issue is' Jiulong Water Control'. Why? This has the embarrassment of' hitchhiking' in economics. " Huang Kun, an associate professor at Tongji University Law School, said that there are many food supervision departments, and every supervision link will think, I don't care here, naturally others will take care of it; On the other hand, if I spend a lot of manpower and material resources to manage, food safety will not go wrong, and other departments will also "hitchhike", so it is imperative to break this overlapping system.
Strengthen information collection and establish a reward mechanism for people to report. Experts suggest that whistleblowers should be rewarded according to the seizure situation, and the supervision power of the masses should be given full play, so that bad elements and rats crossing the street can scream and have nowhere to hide, thus purifying the food market.
Strengthen the protection of manpower, equipment and funds of grass-roots supervision departments, decouple fines from departmental interests, and strictly prohibit fines from being returned or "watching" in disguise. China's Food Safety Law clearly stipulates that local people's governments at or above the county level are responsible for food safety in their respective administrative areas. The vast majority of food safety problems occur at the grassroots level and are also solved at the grassroots level. Huang Kun suggested that whether the local government has established a work responsibility system and the implementation of funds guarantee should be the focus of accountability inspection. This is also the "inaction" or "inaction" of supervision. Corporate sector
The Shanghai Industrial and Commercial Department took countermeasures overnight and organized relevant enterprises to conduct self-examination and found that steamed bread was suspected of dyeing. The Shanghai Municipal Administration for Industry and Commerce said that all supermarkets and stores in the city were required to carry out self-inspection overnight yesterday, and defective goods involving related enterprises were found and immediately removed from the shelves.
At 22 o'clock yesterday, the administrative department for industry and commerce revealed that the suspected dyed steamed bread had been found in the relevant stores, and the samples had been handed over to a third-party inspection agency for inspection, and further processing would be carried out after the inspection results came out.
The administrative department for industry and commerce will conduct a comprehensive inspection of supermarkets and stores in the circulation field of the city.
The Shanghai Industrial and Commercial Department inspected the relevant supermarkets overnight. As of 12, 6,048 "dyed" steamed buns produced by Shanghai Lu Sheng Food Co., Ltd. Branch were taken off the shelves and sealed.
/kloc-in the early morning of 0/2, Shanghai industrial and commercial law enforcement officers carried out law enforcement inspections on the Diya Tian Tian storage center and Hualian Supermarket Guangxin Road store involved in the report, and found "dyed" steamed bread suspected of using pigment on the spot. The samples have been sent to legal food inspection institutions for testing. In addition, the relevant steamed bread products of supermarkets such as Hualian have all been removed from the shelves.
The Shanghai Industrial and Commercial Department said that from 12, the regulatory authorities carried out special inspections on products such as steamed bread sold in supermarkets in the city, and at the same time required enterprises to conduct self-inspection and implement recall measures.
quality-control department
The Shanghai Quality and Technical Supervision Department is investigating the use of pigments in the branch of Shanghai Lu Sheng Food Co., Ltd. and the change of production date.
Food production license.
police
The public security department of Shanghai has criminally summoned five people, including Ye, the legal representative of Shanghai Food Co., Ltd. Branch, who are suspected of producing and selling fake and inferior products. After examination, five suspects respectively confessed that the enterprise had illegally produced and sold 83,765,438+06 bags of "dyed" steamed bread mixed with illegal additive "lemon yellow" since 438+065,438+0 in 2065, totaling 334,864 pieces, with a value of more than 200,000 yuan. The public security department has criminally detained five suspects according to law, and the case is under further investigation. "Dyed steamed bread" consumers can claim 10 times.
The lawyers group of China Consumers Association believes that the national food safety standards have provisions on additives and cannot be added at will or illegally. As far as dyeing steamed bread is concerned, "dyeing" is not allowed. It is a fraud to consumers to pretend to be cornmeal with pigment. The lawyer said that the producer is the first responsible person, and the supermarket should also bear the responsibility if it knows that there is a problem. According to the provisions of the Food Safety Law, consumers can claim compensation for actual losses or 10 times of the payment for food from producers or sellers if they cause losses due to the sale of substandard food. At the same time, the lawyer said that food safety is the top priority, and the behavior of producing fake and shoddy food is too bad. The production and sale of food that does not meet the hygiene standards is enough to cause serious food poisoning accidents and harm to the human body. Article 143 of China's criminal law has relevant provisions. Lawyers believe that the act of "dyeing steamed bread" in Shanghai has been suspected of committing a crime. On April 29th, 2065438+0/KLOC-0, the joint investigation team of the Shanghai Municipal Government announced the results of handling the persons responsible for "dyeing" steamed bread, and Xing Xiaojin, deputy director of Baoshan District Bureau of Quality and Technical Supervision, and other competent personnel were given demerits and dismissed respectively.
The joint investigation team said that the illegal facts of the enterprises involved in "dyeing" steamed bread were basically found out. According to the relevant provisions of the "Regulations on the Implementation of the Food Safety Law", the relevant responsible persons were given administrative treatment opinions, and the supermarkets involved in selling "dyed" steamed buns were also held accountable.
On the same day, Shanghai also announced the new regulations jointly formulated by several departments. Among them, it is clearly required that large supermarket chains set up independent food safety and quality control departments to do a good job in the inspection of the foods they operate; Strengthen the professional ethics education of food production and operation enterprises and strengthen food safety training; Ensure the "access" of food suppliers and improve the access system; "Destruction" of spoiled and expired food and "return" of food near the shelf life; Carry out food risk assessment and effectively improve the detection ability of harmful substances in food.
The joint investigation team requested that the Shanghai food safety supervision department should implement regulatory measures such as flight inspection, cross-enforcement and regular rotation; Intensify sampling inspection, enrich scientific and technological means, and improve the ability to find and investigate illegal production and sale of problem foods.
In addition, while strengthening government supervision, Shanghai will actively introduce a third-party supervision and testing mechanism, strengthen the implementation of the reward reporting system, and increase public participation in food safety supervision. On 2011April 13, Shanghai Municipal Bureau of Quality and Technical Supervision revoked the food production license of Shanghai Lu Sheng Food Co., Ltd., a branch that produces "dyed" steamed bread. Five suspects, including the legal representative of the company, were criminally detained by the public security department according to law.
The joint investigation team of the Shanghai Municipal Government said that it would further find out the truth, do a good job in recalling defective products from the shelves, severely punish the units and individuals involved, and at the same time draw inferences from others and establish an effective food safety working mechanism.