中国食品小微业态监管研究

Research on Regulation of theSmall and Micro Food Business in China

《食品安全法》对地方政府'赋权',将食品小微业态交由地方立法监管。当前,中国食品小微业态存在小、散、乱、无证经营等问题。为此,各地设立准许可和清单目录管理两大制度作为小微业态监管应对之策。即使在中国激活小微业态生产力、进行商事登记改革的背景下,出于管控风险的目的,中国各地小微业态立法依旧保留了上述市场准入制度。但互联网给小微业态监管带来了较大挑战,针对网络小微业态的市场准入还存在各地各法的现象,且分享经济新模式也使小微业态监管变得更复杂。本文结合欧美智慧规制运动中食品小微业态的智慧监管、澳大利亚食品安全监管的'软性集权'探索等国际经验,总结中国在食品小微业态监管上可行机制。

The Food Safety Law 'empowers'local governments by decentralizing powers of regulating small and micro food businesses to them.At present,China’ s small and micro food businesses are ran in a scattered and messy way,many of which are operating without license.Other like problems emerge.To this end,the local governments tend to establish an alternative licensing system and a regulatory mechanism on the basis of listing to enhance the market access as applied to the food sector.Though China is striving to revive the small and micro food businesses,and conducting food business licensing reform,the above market access mechanisms are still maintained for the purpose of better regulation.However,the Internet has created greater challenges to the supervision of small and micro businesses,due to the fact that local regulations as applied to the market access of online small businesses vary from province to province,and the new model of sharing economy also makes regulation of small businesses more complicated.This article explores the international experience,from which China can learn by examining how the US and Australia regulate small food businesses.