Study on the Priority and Interaction of Food Security,Food Safety and Environmental Protection

Food security, food safety and environmental protection are major livelihood issues in front of the Chinese people. The priorities of the three are different, and there is mutually dependent and contradictory relationship among them. Facing the triple pressures of food security, food safety, and environmental protection, this paper analyzes the priority of the three from the historical development, then further analyzes the interaction between food security,food safety and environmental protection and finally puts forward the healthy development of food security, food safety and environmental protection, and the proper settlement of the three problems.

New Food Safety Law of China and the special issue on food safety in China

1. IntroductionThere have been a number of serious incidents of compro- mised food safety in China in recent years. To list a few, these include： a Salmonella outbreak, the use of horse- meat in burgers, the illegal use of phthalates as a clouding agent, the contamination of formula milk by melamine, the meat scandal of Shanghai Husi Food Company which sold reprocessed stale meat to many fast food chains includ- ing McDonald＇s, Burger King, and KFC across theworld,

The Animal Health Law-Regulation EU 2016/429 and the Future of Food Safety and Free Commerce in Europe

The aim of this study was to analyze the contents of Reg.(EU)No.429/2016,and to assess its role in guaranteeing the efficient application of the disease prevention and control rules into member state.Furthermore,the authors evaluated the impact of the abovementioned Regulation on the legislation on public health and food safety already in force in Europe(Regulations EC No.178/2002,No.882/2004,No.853/2004)and considered the global impact of the new rules on the effective functioning of the internal market.The study pays attention also to the TFEU(treaty of lisbon on the functioning of the European union)procedure to delegate to the commission the power to adopt non-legislative acts of general application that supplement or amend certain non-essential elements of a legislative act.

No country is an island in regulating food safety:How the WTO monitors Chinese food safety laws through the Trade Policy Review Mechanism(TPRM)

Established within the framework of the World Trade Organization （WTO）, the Trade Policy Review Mechanism （TPRM） reviews periodically the trade policies of all WTO Members. The review includes many aspects of food safety regulation. China＇s trade policy is reviewed every two years. This paper analyses in detail the reviews of China＇s trade policy in 2006, 2008, 2010, 2012 and 2014. It focuses in particular on food safety laws and types of standards, alignment of domestic standards with international standards, the role of different domestic institutions, transparency and notification of food safety measures under the WTO agreements on Sanitary and Phytosanitary Measures （SPS） and on Technical Barriers to Trade （TBTAgreement）, import and export, and geographical indications （GIs）. It concludes that the WTO TPRM can contribute, within its mandate, to reform of Chinese food safety laws and improvement of food safety in China. it notes that China has already undertaken substantial reforms of its system for regulating food safety. It recommends that China should continue to participate actively in the TPRM, follow its own path with regard to alignment and learn selectively from other WTO Members.

Enforcement of Food Legislation and Its Impact on Food Safety: A Case Study on Food Law Enactment in Mauritius

Foodborne diseases affect human health and cause significant economic loss. Among the proposed mitigating strategies to prevent, or at least, to reduce foodborne diseases were the enactment and proper enforcement of food legislation. In Mauritius (MU), many outbreaks have been reported since the enactment and enforcement of the Food Act 1998 (MU) and Food Regulations 1999 (MU). Therefore, it was high time to re-evaluate the impact of the food law on the pattern of foodborne diseases. The aim of this study was to evaluate how the introduction of the Mauritian food legislation had influenced the pattern of foodborne diseases and its suitability in recent years. Data were collected from the website of the Ministry of Health and Quality of Life of Mauritius from 1990 to 2015 and analysed using nonparametric statistical methods, where required. Results showed that more foodborne disease cases occurred during enforcement of the food legislation than before. The study also found that the food law was consistently enforced over the years, except during epidemics of chikungunya fever and dengue fever. Furthermore, several strengths and weaknesses were identified in the current legislation related to the risk of foodborne diseases. Comparing the Mauritian with the Australian food laws revealed some similarities and differences between the two legislations. This review showed that overall foodborne diseases in Mauritius increased and were not affected by the food law enforcement. Therefore, a revision of the law and its enforcement is necessary to make them more efficient in preventing foodborne diseases.

The Scale of Constructing Mountainous Cities in Yunnan Province based on “Benchmark” Farmlands

In 2011, Yunnan provincial committee and government proposed the strat- egy of constructing mountainous cities in order to protect farmlands and guarantee crop safety, which makes full use of hills and gentle-slopes and transforms land use pattern. However, social and economic development performs unevenly in Yun- nan, supplemented by varied geographical conditions, so that constructing mountain- ous cities should proceed as per local conditions. The research proposed the con- trol of constructing mountainous cities provided crop safety under the principle of farmland protection and measured the quantities of demanded construction lands ac- cording to science of population prediction and ekistics, based on which the control scales of constructing mountainous cities were determined by multiplying basic farm- land coefficient and the area of newly increased construction lands. The research is of significance for guiding the construction of mountainous cities and avoiding the occupation of construction lands on farmlands.

Food safety regulatory systems in Europe and China:A study of how co-regulation can improve regulatory effectiveness

Food safety has received a great deal of attention in both developed and developing countries in recent years. In China, the numerous food scandals and scares that have struck over the past decade have spurred significant food safety regulatory reform, which has been increasingly oriented towards the public-private partnership model adopted by the Europe Union＇s （EU） food safety regulatory system. This paper analyzes the development of both the EU＇s and China＇s food safety regu- latory systems, identifies the current challenges for China and additionally considers the role of public-private partnership. The success of co-regulation in the food regulatory system would bring significant benefits and opportunities for China. Finally, this paper recommends additional measures like training and grants to improve the private＇s sector effectiveness in co-regulating China＇s food safety issues.

Governance Logic and Basic Systems of the New “Food Safety Law of the People's Republic of China”: a Focus on Social Co-Governance

To modernize food safety governance, we must carry out basic restructuring of its internal logic at the national level to reflect the features of contemporary Chinese society that shape food safety. This will entail establishing an overarching, macro-level conception of food safety that integrates ＂baseline safety＂, ＂hub safety＂, ＂co-constructed safety＂ and ＂endogenous safety＂. These four dimensions of safety represent four fundamental requirements of food safety governance in modern Chinese society, which is a ＂risk society＂（Beck 1992） and one that is also complex, open and pluralist. These requirements are： maximum legal liability, a unified, authoritative and efficient supervision system, a concept of social co-governance, and enterprises being the primary entities accountable for food safety. This article uses this analytical framework to interpret the basic contents of the newly revised Food Safety Law of the People’s Republic of China, and uses a focus on social co-governance to present the institutional highlights of this law and the transformation of the internal logic of food safety governance.

CRITICAL THINKING ABOUT THE PRECAUTIONARY PRINCIPLE IN CHINA＇S FOOD SAFETY LAW

We are living in a risk society where people devised the Precautionary Principle in order to minimize the harm caused by risk ex ante. Compared to the previous Food Hygiene Law （FHL） and the 2009 Food Safety Law, the 2015 revised Chinese Food Safety Law （FSL） made a real breakthrough in the sense that it legitimates an important principle in food safety governance. Apart from laying down the fundamental importance of this principle in food safety regulations, the FSL 2015 also invented arrangements from different aspects in order to implement this principle. In other words, the FSL 2015＇s incorporation of the Precautionary Principle in a very real sense marked a transition from a demonstrative preventive food safety management regime to a more effective precautionary regime. However, the Precautionary Principle needs to be adopted in a ＂precautionary＂ way since this principle has its own limitations and defects. Incautious application of the principle may create new risks. This article compares the European approach in implementing the Precautionary Principle, and examines China＇s legal arrangements against negative impacts brought by the Precautionary Principle. Three perspectives are discussed： independence of scientific institutes; proportionality in risk management measures, and the shift of burden of proof for market authorization.

NEW PLANT VARIETY PROTECTION IN CHINA FROM THE PERSPECTIVE OF FOOD SECURITY AND ENVIRONMENTAL PROTECTION

China is facing increasing challenges in food security and environmental protection, and the plant breeding has made enormous contribution to solving the problems. The legal protection of new plant varieties has the important function of encouraging innovations in the field of plant breeding. However, the widely use of modem biotechnology has caused great controversy in society, and some people propose to limit the scope of plant variety right, especially for Genetically Modified Organisms （hereinafter ＂GMOs＂）. When designing and interpreting the regulations on the protection of new plant varieties, we should keep in mind that the plant variety right is a private right aiming to encourage innovation, and take the principles and relationships in the field of innovation into consideration. Proper regulation and incentives for innovation are both the essential themes in the fields of modem technologies. Intellectural property （hereinafter ＂IP＂） laws should focus on encouraging innovation, while the law system, including the Seed Law, the Food Safety Law and the Environmental Protection Law, should provide systematic, scientific and strict regulations on the research, propagation and marketing of new plant varieties. The whole law system and the market can function together to guide the plant breeders to be committed to breeding new varieties that meet the needs of food security, food safety and environmental protection.

Establishing a System for Food Recalls to Protect Food Quality and Safety in China

There are no explicit laws concerning food recalls in China; moreover, some related regulations have weaknesses. China should first create a system of laws and regulations governing food recalls, establish a system to recall defective food, and strengthen administrative and legal remedial mechanisms related to consumer rights.

Eating at Ease New regulation details rules under the Food Safety Law

The State Council, China’s cabinet,promulgated the Regulation on the Implementation of the Food Safety Law on July 8.

高校食堂食品安全管理存在的问题及对策研究

近年来,高校食堂食品安全事件频发,引起了社会的广泛关注。当前,国家不断出台校园食品卫生安全规范,深入开展校园食品安全排查整治行动,已取得显著成效,但现阶段我国尚未形成完备的校园食品安全管理体系,高校食堂依然是食品安全事故高发的重点领域。鉴于此,本文研究了高校食堂食品安全管理存在的问题及对策,为我国高校食堂食品安全共治共建共享新格局的建立提供参考。

食品经营企业行政责任主体双罚制分离构想

研究以《食品安全法》第75条为基础,深入探讨了食品经营企业行政责任主体双罚制的分离构想。首先,分析现行行政责任主体双罚制的主要问题和挑战。然后,提出了3个创新的制度设计,包括科技驱动的监管、弹性罚款制度和负责任的供应链管理。在科技驱动的监管部分,探索了如何利用大数据、AI和区块链等现代科技实现更精确、及时和有效的食品安全监管。在弹性罚款制度部分,设计一种罚款制度,其中罚款的大小与违规行为的严重性、企业的规模和财务状况等因素挂钩,以实现更公平和有效的惩罚。在负责任的供应链管理部分,强调了企业应建立全面的食品安全供应链管理制度,以防止供应链中的食品安全问题。

我国《反家庭暴力法》的实施困境与法律纾解

我国反家庭暴力立法以性别中立为政策框架,在保护妇女权益的同时也关注对家庭其他弱势群体的权益保护。2016年我国《反家庭暴力法》实施以后,多个省市纷纷在该法基础上制定或修订相关法规,形成了以《反家庭暴力法》为核心的反家庭暴力法律体系。在近年来的家庭暴力预防、干预和制止责任履行的实践中,《反家庭暴力法》暴露出一些不足,主要表现在家庭暴力概念的界定未能更好适应现实的需要,强制报告制度与告诫书制度的操作规则不够明确以及人身安全保护令的执行架构存在缺陷等方面。因此,在立法及适用上唯有承认当前社会中出现的新型家庭暴力,细化强制报告制度与告诫书制度的操作规则,并完善人身安全保护令的执行体系,才能适应反家庭暴力的现实需求。

基于食品添加剂引发食品安全网络舆情协同治理研究

食品安全历来受到广泛关注,近年来因食品添加剂使用不当、非法使用添加物等而引发食品安全事件,已成为公众情绪的“催化剂”,并迅速演化为网络舆情,影响企业自身发展和社会安定稳定。以海天酱油“双标”事件为例,结合舆情传播生命周期模型,通过问卷调查、内容分析法等,梳理食品安全网络舆情演化的基本规律,进一步探析食品添加剂引发食品安全网络舆情的主体影响因素,并提出建构多元协同治理体系及具体路径。

电商模式下保健食品市场监管问题及对策分析

本文介绍了电商模式下保健食品市场存在混淆保健食品与药品、非法添加化学药物、虚假宣传等市场乱象,表明保健食品市场仍然存在监管盲区。分析了电商模式下保健食品市场监管存在的问题,如备案系统不完备、电商平台的审查体系不严密、经营者的安全责任难以落实等。在此基础上,提出了按功能类别与风险级别优化备案管理模式、搭建合作监管路径完善平台的审查体系、引入行政和解与衔接行刑责任落实商家的食品安全责任等建议,以期对现有的监管制度进行完善。

大食物观下种业科技创新的现实困境和实践路径

粮稳则天下安,中国人任何时候都要端牢自己的饭碗。调查发现,我国食物供给自给率下降,存在生产供给缺口且有持续扩大趋势。种业科技创新是保障国家食物安全的必由之路,但现阶段种业创新存在种质资源保护和鉴定利用不足、科研平台建设滞后、种业企业集中度低、资金和人才严重短缺、知识产权保护力度不够等短板弱项。本文在比较天津奥群牧业联合育种体系、天津德瑞特育种创新模式、长沙百奥云智能育种平台建设创新实践基础上,提出确立生物种业优先发展战略、加强种业关键核心技术攻关和生物育种平台建设、创新科校企合作体制机制、加强种业科技创新的财政和人才支持,以及构建跨区域跨部门知识产权协同保护机制等建议。

浅析《中华人民共和国食品安全法》的修订历程与思考

目的:对我国《中华人民共和国食品安全法》自颁布后的3次修订细节进行概述,对比分析我国与多个发达国家食品安全、食品卫生法律体系的异同。为国家食品安全法律保障工作提供相关参考建议。方法:通过关键词检索并筛选相关文献、书籍及网络资料进行综述。结果:《中华人民共和国食品安全法》的修订给食品产业各利益相关方带来重要启示,与中国现阶段食品安全现状、未来食品发展趋势和国民营养与健康关系密切。结论:我国需加强食品安全法律法规的宣传工作,提高执法能力,加强社会舆论的监督管理,切实保障食品安全。

我国预制菜的食品安全保障及其法律回应

我国预制菜产品行业发展迅速,但与之相关的食品品质、食品安全及其配套保障等方面的标准和法规却并未同步发展。在实践中,预制菜品的专项食品安全国家标准尚未出台,安全溯源体系亟待优化,各地对于预制菜行业的监管标准尚不统一且不健全。分析了预制菜行业存在的问题,综述了已出台的规范与相关标准的现状及不足,提出我国预制菜行业的法治和标准化路径,指出应当在现行食品安全法律规范的基础上,建立健全更为完善的预制食品信息披露体系及质量安全监控体系,以期推动预制菜行业健康发展,为社会提供更安全和更高品质的食品。