网售自制食品的法律监管研究——以现有制度落实与立法供给不足为视角

Research on Legal Regulations for the Homemade Food Sold Through Online Channels——From the Perspective of the Inadequacy of Implementation of Law and Legislation

随着互联网营销的兴起以及人们对于食物回归自然的追求,网售自制食品市场近年来越来越火爆。然而火爆的背后也存在食品质量良莠不齐、交易主体双方权益未得到有效保障等乱象,其主要原因在于既有的食品安全监管制度未有效落实、立法供给不足、网售自制食品质量安全标准未有效建立三个方面。未来我国应着力促进食用农产品与一般食品监管的衔接,建立网售食品商家信息登记平台以及信用积分机制以加强各项食品安全监管制度的可执行性,同时要结合地方特色建立不同的自制食品质量安全标准,以此保障消费者及商家的合法权益,为网售自制食品行业的蓬勃发展助益。

With the rise of online marketing and people's pursuit of food returning to nature,the market for homemade food sold online has become more and more popular in recent years.However,at the same time,there are also some problems such as uneven food quality,and the rights and interests of both parties to the transaction have not been effectively protected.There are three main reasons:the food safety supervision system has not been effectively implemented,the legislative supply is insufficient,and the quality and safety standards for the homemade food sold through online channels have not been established.In the future,the government should focus on promoting the connection between edible agricultural products and general food supervision,and establish an online food seller information registration platform with credit point mechanism to strengthen the enforceability of various food safety supervision systems.At the same time,we should combine local characteristics to establish different standards of quality and safety of homemade food to protect the legitimate rights and interests of consumers and businesses,and to help the development of the homemade food sold through online channels industry.