食用农产品安全监管问题的立法比较研究

A Cross-National Comparative Study on Safety Supervision and Management over Edible Agricultural Products

食用农产品与公众身体健康和生命安全息息相关,其安全性一直受到社会的广泛关注。但是我国现行《食品安全法》对于食用农产品的态度模棱两可,没有解决执法实践中原本存在的农业部门与食品药品监管部门职责不清的问题。通过对国外食用农产品监管的立法与执法经验的比较研究,本文提出《食品安全法》在修订过程中应坚持"食品"的广义概念,并将其作为食品安全领域的基本法,处理好与《农产品质量安全法》的衔接问题。除此之外,相关部门在执法工作中应通力合作,在《食品安全法》框架下处理好食用农产品的界定与监管难题。

Edible agricultural products are closely related to the health and safety of the general public, and their safety is a hot topic that has attracted public attention. However, China's current food safety law is actually ambiguous as to edible agricultural products. Therefore, the old problem of vague supervision responsibility still exists. Through a cross-national comparative study on legislation and legal enforcement for edible agricultural product safety supervision, this article tries to suggest that China should adhere to the macro conception of 'foods' for amending its food safety law, take the law as the basic law in the food safety field, and coordinate it well with the Agricultural Product Quality Safety Law. Besides, the supervision departments concerned should cooperate with each other to solve the definition and supervision of edible agricultural product safety under the framework of the Food Safety Law.