我国食品召回法律制度的现状及完善

The Current Situation and Improvement of the Legal System of Food Recall in China

我国《食品安全法》从法律意义上确立了食品召回制度,就食品召回做了原则性规定,但是可操作性不强,仍存在以下问题:一是法律法规不健全;二是监管部门职责不明确,监管无秩序;三是食品召回成本高;四是对企业的处罚力度不足。文章研究了国外相关制度发展后结合我国现状,提出了四项解决措施:一是完善立法;二是完善监管制度体系,强化食品监管部门的职能;三是降低食品生产企业的召回成本;四是加大企业的违法成本。

China’s“food safety law”has established the food recall system from the legal sense,and has made the principle provisions on food recall,but the operability is not strong.However,there are still some problems:first,the laws and regulations are not perfect;second,the responsibilities of the regulatory department are not clear,and the supervision is disorderly;third,the cost of food recall is high;fourth,the punishment of enterprises is insufficient.After studying the development of foreign related systems,combined with the current situation in China,this paper puts forward several solutions:first,to improve the legislation;second,to improve the regulatory system,to strengthen the functions of food regulatory departments;third,to reduce the recall cost of food production enterprises;fourth,to increase the cost of violation of the law.