Our country plans to forbid being recalled the food and selling again Clause of cancelling exchanging goods
April 11, in a warehouse in Shanghai, " question steamed bun " Sealed. In the future, the food of problem can't be sold any more still after treatment. One Yang take a photograph of the intersection of food and manufacturing enterprise, find food that produce its unsafe, right away should stop, produce immediately. Yesterday, " food recall regulation " that State Bureau of Quality Testing revise newly right away solicit opinion, recalling the procedure to simplify to some extent more than the regulation implemented in 2007 of food of question. Meanwhile, to the food recalled, took innoxious processing measure, can't be used for food production and sale again either. As to the food recalled because label, sign or the manual does not accord with the food safety standard, take the remedy and can guarantee that can continue selling under the situation of the food security, but should show the remedy clearly to consumers. It needn't assess the hearing to recall to change by 1 August of 2007, State Bureau of Quality Testing has released" the food recalls the regulation ", legal liability,etc. recalled in implementation, food involving the food security and endangering investigating and assessing, food and recalling and ordering to be recalled voluntarily among them, there are 45 five seals in all. And the draft sent out yesterday, " reduce weight " on space greatly at first ,Not only no longer divide the chapter but also there are only 27. In 27 in this is short, recall very great draft regulation of change on the procedure, the food manufacturing enterprise finds its food produced belongs to unsafe food, should stop producing immediately. But in the old regulation implemented in 2007, judge whether the food is the unsafe food, should investigate and endanger and assess with the food security the danger of food security. If the food security of food producers endangers investigation and food security and endangers the result assessed, when being inconsistent with result of Committee of Experts, even should take ways such as the hearing,etc. to deal with. Finally, endanger, investigate and assess by food security, it confirms to be to produce unsafe food that reason lead to the fact only, should confirm that recall the rank, recall. [Reading ] " food safety law " stipulates: "Food producers find its food produced does not accord with the food safety standard, should stop producing immediately. " This modification is prominent connect with " food safety law " one. BaoChang Qiu, regimental commander of group, lawyer of the Chinese Consumers' Association, think, accord with the intersection of food and the intersection of safety standard and lower shelf soon, this regulation " very good " . According to the original regulation, the time that the food of question is recalled may be slower, "through a lot of procedures, be proved, if has not assessed out, the food does not have a lower shelf, there is lagging behind nature in the food is recalled like this. " Do not propose the statement of exchanging goods to further simplify on the procedure that this draft not merely recalls in the food in 2 new rules, in the way to recall, reveal the taste tightened up too. Define in the regulation in 2007: "Recall, mean food producers are according to the fixed procedure, to produced unsafe food of a certain batch or classification that the reason causes by iting, through exchange goods, send back goods, be supplementary or revise, consume, prove, dispel or reduce the intersection of food security and activity of danger in time. " In the draft, will " exchange goods, send back goods, supplement or revise and consume in way of proving etc. " It tightens up to be " Sending back goods or revising marks " Two kinds. In addition, the draft is in the definition of the unsafe food, except keep and " already brought out the food pollution, eaten source disease or food that causes danger even dies to the health; Outside the content food pollution may initiate, eat source disease or cause food of danger to health ",etc., have also increased " The food not in accordance with food safety standard " One. [Understand ] a reporter sees, " in the food safety law ", do not " accord with the food safety standard " Important condition already recalled as food. In addition, it doesn't accord with the food safety standard that the food operator discovers its food that deals in, also should stop management immediately. Qiu BaoChang says, the food recalled in the past can be " changed " ,Already clear in the draft, " it is not all right to change " ,"According to " food safety law ", in fact not accord with food safety standard, should forbid producing and selling, so not the question of exchanging goods briefly. " Submit, recall plan in the 2007 the intersection of edition and regulation 3 three day, implement recall the hierarchical system, also see the trace in the draft. The severity that the original regulation endangers according to the food security, recall the rank of the food to divide into tertiarily, for example " first grade is recalled " The most severe, namely already or may have brought out the food pollution, eaten source disease etc. to lead to the fact to the health that endangers even dies seriously, or circulate in the range wide, the unsafe food of great impact of society one is recalled. Meanwhile, and there are different requirements for the implementation that every grade recalls. The new regulation, to recall and does not grade againing. It is 3 days that the draft will be submitted to recall the time of plan unifiedly, the draft will be called: "Submit the food to local quality superintendent office within 3 days and recall the plan, and take the requisite measure, must recall the intersection of food and information, notify relevant operators and consumers, take the effective measure of sending back goods etc., recall the food already sold. " The this and first grade in 2007 edition regulations are recalled about equally. [Understand ] the intersection of Jurisprudence Daily and official website " the intersection of legal system and network " report, have, analyze, think food recall prerequisite that hierarchical system set up, it is the science that endangers to the food security risk that assesses and investigates. Since the new regulation does not involve the content in this respect again, grade and does not just know where to begin. When the original regulation was issued, once experts told reporters, it means distinguishing to the food security question that managed to recall in grades. If does not distinguish, take the measure without exception, the consequence produced often or endangers and removes insufficient, damage consumer's interests, or waste resources too much. View " the food should become the law to recall " Solicit opinion this time " the food recalls the regulation ", undoubtedly connect actions made for " food safety law ". Will stipulate in " food safety law ", the country sets up food to recall the system in 2009. Food producers find its food produced does not accord with the food safety standard, should stop producing immediately, has recalled and already merchandized the food sold. At this moment, 2007 version " whether food recall regulation " it implements to be already the past 4 years, " food safety law " has lasted nearly two years too. Qiu BaoChang says, as the rule of a department, the efforts of " the food recalls the regulation " is obviously limited, the food recalls the regulations that the question should rise to the State Council, even the aspect of the law, if so, punishment efforts and measure grow up, frighten force to be weaker even now. The reporter searched for and was called together by the food reported publicly in these four years yesterday Go back case is few, " the the intersection of legal system and network " report think, have expert say though " food safety law " set up food security council, help to coordinate the duty of every supervision department, or crossing or problem which is short of location that but it is unclear not to really change the function existing while supervising in food security of our country. These questions are restraining the food from recalling the implementation of the system naturally. Beijing Longan Yin, lawyer of lawyer's office, prosperous and strong to think food recall on solving food security at present, although there is certain help the meaning is not big, should really solve this problem and give ordinary people authority to supervise, let the whole people have enthusiasm of safeguarding the rights, this can change enforcer's energy non- enough questions now too. Unless say Yin prosperous and strong, unless like foods other in food, it is can take not to buy,this soon "to compensation of injuries potentials which people cause, should get support from law " ,In addition, " the economy of food security question is punished and strengthen, it is certainly not all right to punish the light by the administrative organ, meanwhile, it don't let ordinary people safeguard the rights as well as sustain economic losses to mobilize ordinary people. Punish illegal producers severely. " Foundation edition interview and write /staff reporter Wu Peng Feedback the announcement of draft and welcome every unit concerned or individual to put forward the suggestion for revision, and feedback State Bureau of Quality Testing before May 31. Fax: 010-82260107 postboxes: zqyj@aqsiq.gov.cn The food recalls the procedure Check by oneself that finds the food produced is the unsafe food The prediction scheme stops producing immediately, submit the food to local quality superintendent office and recall the plan in 3 days Send back goods and notify operator and consumer, effective measure of taking and sending back goods etc., have recalled and already sold the food The report reports to local quality superintendent office in time, record the pot-life for no less than 2 years Destroy and carry on harmless treatment or destroy to the unsafe food recalled in time Summarize and recall the expiration of time limit in 7 days, submit to local quality superintendent office and recall summarizing The food is recalled August of 2007 of significant events The food is tertiary to recall State Bureau of Quality Testing to release " the food recalls the regulation ", amounts to 45. Recall the rank to divide for being tertiary; Recall and include recalling, ordering to recall and recall the result and assess and supervise and recall food aftertreatment and legal liability initiatively. September of 2008 Three deer milk power recalls three deer group companies in Shijiazhuang and sends out declaring, are gathered cyanogen amine by three and polluted through examining and finding some batch and three deer infant and pre-school children's milk power by oneself, the company determines to all recall three deer infant and pre-school children's milk power produced before August 6, 2008 immediately. October of 2008 " big white hare " Recall GuanShengYuan group to announce in Shanghai, this group has already passed the marketing center in the whole country, told the regional distributor to recall the large white hare's toffee before October 15, Shanghai area finished recalling this time before October 10. June of 2009 Build food and recall the system " food safety law " to implement, among them stipulate, set up food and recall the system, food producers find its food produced does not accord with the food safety standard, should stop producing immediately, has recalled and already merchandized the food sold. April of 2011 " dye the steamed bun " Recall The ones that sell in many supermarkets of Shanghai " The question steamed bun " Exposed, the enforcer of Municipal Quality Supervision Department of Shanghai launched checking in an all-round way that very night, close down, detain about involving in case food additive, finished product, production record, order to recall the products involved in the case. May of 2011 Recall stipulating to revise The official website of legal system office of the State Council announces <
|
No comments:
Post a Comment