我国高糖、高盐、高油类三高食品法律规制探索与比较研究

Research and Comparison on the Legal Regulation of HFSS Foods in China

三高食品是指游离糖、食用盐或脂肪含量过高的食品,该类食品易使消费者摄入过量的糖、盐或油,对公众健康造成不利影响。但中国食品监管体系及其他法律对三高食品尚无应对措施。本文介绍了英美等发达国家应对三高食品的情况,列举了各个国家实施的限制性、禁止性规定,归纳出“保姆管理式”、“个人健康负责式”和“政府逐步规制式”三种路径,并对三种路径的进行分析,认为我国更适合“政府逐步规制式”路径。最后依据我国实际情况提出具体规制建议,建议一是要完善食品标签规则与三高食品标准;二要限制三高食品的广告宣传;三要限制销售渠道与销售方式;四要在一定条件下对三高食品征税;五要实施健康食品补贴。

HFSS foods refer to foods with high free sugar, edible salt or fat content, which can easily cause consumers to consume excessive sugar, salt or oil, cause chronic diseases, and cause health risks to public health. However, our country’s food supervision system and other laws and regulations have not yet responded to the HFSS foods. The author introduced the situation of developed countries such as the United Kingdom and the United States dealing with the HFSS foods, listed the restrictive and prohibitive regulations implemented by each country, and summarized the “nanny management style”, “personal health responsibility” and “government gradual regulation” three restriction paths, and the analysis of the three paths believes that our country is more suitable for the “government gradual regulation” path. Finally, according to the actual situation in my country, specific regulatory suggestions are put forward: 1) Improve the food labeling rules and the three-high food standards;2) Restrict the advertising of the HFSS foods;3) Restrict the sales channels and sales methods;4) Under certain conditions, the three-high food taxation;5) Implement healthy food subsidies.