Criteria for filing 49 criminal cases in food and drug environmental investigation

Legal analysis: Food, medicine and environmental safety are basic livelihood issues, as well as important public safety and political issues. It is the duty of procuratorial organs to crack down on food, medicine and environmental crimes and safeguard public safety. This paper makes an empirical analysis of the cases of "food and medicine ring" handled by the procuratorate in Yancheng City, Jiangsu Province in recent three years, analyzes the basic situation, characteristics and main problems in handling such cases, and then puts forward corresponding governance suggestions, with a view to providing reference for case handling.

Legal basis: Article 15 of the Food Safety Law of People's Republic of China (PRC) shall carry out monitoring work according to the food safety risk monitoring plan and scheme to ensure the authenticity and accuracy of monitoring data, and submit monitoring data and analysis results according to the requirements of the food safety risk monitoring plan and scheme.

Food safety risk monitoring staff have the right to enter the relevant edible agricultural products planting and breeding, food production and business premises to collect samples and collect relevant data. The collection of samples shall be paid at the market price.

Article 16 If the results of food safety risk monitoring show that there may be food safety hazards, the health administrative department of the people's government at or above the county level shall timely inform the food safety supervision and management department at the same level of relevant information and report to the health administrative department of the people's government at the same level and the people's government at a higher level. The food safety supervision and administration department shall organize further investigation.

Article 17 The State establishes a food safety risk assessment system, and conducts risk assessment of biological, chemical and physical hazards in food, food additives and food-related products by scientific methods based on food safety risk monitoring information, scientific data and related information.

The administrative department of health of the State Council is responsible for organizing food safety risk assessment, and establishing an expert committee on food safety risk assessment composed of experts in medicine, agriculture, food, nutrition, biology and environment to conduct food safety risk assessment. The results of food safety risk assessment were published by the health administrative department of the State Council.

The safety assessment of pesticides, fertilizers, veterinary drugs, feeds and feed additives shall be attended by experts from the Expert Committee on Food Safety Risk Assessment.

Food safety risk assessment shall not charge the producers and operators, and the fees shall be paid according to the market price at the time of sample collection.

Eighteenth in any of the following circumstances, food safety risk assessment should be carried out:

(a) through food safety risk monitoring or receiving a report, it is found that food, food additives and food-related products may have potential safety hazards;

(2) Risk assessment is needed to provide a scientific basis for the formulation or revision of national food safety standards;

(3) It is necessary to conduct risk assessment in order to determine the key areas and key varieties of supervision and management;

(4) discovering new factors that may endanger food safety;

(5) It is necessary to judge whether a certain factor constitutes food safety hazards;

(six) other circumstances in which the health administrative department of the State Council considers it necessary to carry out risk assessment.