The new version of the Food Safety Law requires genetically modified foods to be labelled

On the 24th of the Beijing News, the 14th meeting of the Standing Committee of the 12th National People's Congress closed and a series of draft laws were passed. The fields closely related to the lives of ordinary people such as pesticides, tobacco, and infant milk powder will all be affected.

Ten provinces, including Beijing, will pilot the reform of jurors

The meeting lasted for five days and covered topics such as the revised draft of the Food Safety Law, the revised draft of the Advertising Law, the revised draft of the Securities Law, the revised draft of the Seed Law, the draft of the National Security Law, and the draft of the Overseas Non-Governmental Organizations' Management Law, and listened to the State Council on self- Two reports on the construction of the trade trial zone and the public cultural service system, and the draft of the Supreme Court's trial on the reform of jurors.

At 3 o'clock in the afternoon yesterday, the General Assembly convened resolutions for voting in plenary meeting, adopted a revised draft of the Food Safety Law, a revised draft of the Advertising Law, etc., and agreed to authorize the Supreme Court to conduct jury service in 50 courts in 10 provinces including Beijing. Reform pilot.

The food safety law embodies "strictly punishing severe places."

After the closing of the conference yesterday, Teng Chih-kei, Deputy Director of the State Food and Drug Administration, said that the revised food safety law embodies the principle of severe punishment. For example, illegally adding chemical substances, especially for operating dead animals and poultry, is necessary to judge whether it is criminal or not. Crime, if it constitutes a crime, is directly investigated by the public security department and criminal responsibility is investigated.

Production and operation of genetically modified foods should be marked according to regulations. If the labeling fails to be carried out in accordance with the provisions, the maximum amount of the value of goods that can be disposed of is a fine of five times or more and ten times or less. The circumstances were serious and ordered to suspend production until the license was revoked.

The revised food safety law will be implemented on October 1 this year. The new law requires local authorities to formulate specific management methods for food production and processing workshops and food vendors. According to the relevant provisions of the legislative law, before October 1, next year, all provinces must formulate specific management measures for small plus workshops and small vendors.

No one can speak for drug ads

With regard to the newly revised advertising law, Wang Chaoying, director of the Economic Law Office of the Legal Work Committee of the Standing Committee of the National People's Congress yesterday said that the biggest difference was the increase in the regulations on advertising guidelines for health foods and clearly stipulated six contents that health food advertisements could not contain. .

In addition, advertisements for medicines have particularly increased the inability of anyone to speak for them, and pharmaceutical advertisements must notably indicate contraindications to adverse reactions. The newly revised advertising law will be implemented on September 1, 2015.

â–  Focus

Compared to the third-party review submitted by the National People's Congress’s Law Committee to the General Assembly this week, the final version passed yesterday was slightly different in some details.

Poisonous and highly toxic pesticides

Expand the scope of banned crops

The third review draft stipulates that the state encourages and supports the use of highly efficient, low-toxic, low-residue pesticides, promotes the development and application of highly toxic and highly toxic pesticide alternatives, and accelerates the elimination of highly toxic and highly toxic pesticides.

However, during the deliberation, some members and representatives of the Standing Committee proposed that the use of pesticides has a major bearing on food safety. A strict management system should be implemented to strengthen supervision of highly toxic, highly toxic, and high-residue pesticides, and gradually increase the use of highly toxic drugs. High toxic pesticide crops.

After studying the law, the Law Commission proposed to amend the above provisions as follows: The state adopts a strict management system for the use of pesticides, accelerates the elimination of highly toxic, highly toxic, and high-residue pesticides, promotes the development and application of alternative products, and encourages the use of highly effective, low-toxic, low-residue residues. pesticide. At the same time, it is proposed to amend the first paragraph of Article 49 of the revised draft of Article 39, which reads: “Very toxic and highly toxic pesticides may not be used for vegetables, fruits, tea, and Chinese herbal medicines” to amend to prohibit the use of highly toxic and highly toxic pesticides. In countries such as vegetables, fruits, tea, and Chinese herbal medicines, etc.

Tobacco Advertising

Bus, outdoor also banned

The Advertising Law stipulates that it is forbidden to publish tobacco advertisements in mass media or in public places.

In this regard, some members of the Standing Committee proposed a total ban on tobacco advertising. Some members of the Standing Committee believe that restrictions on tobacco advertising should fully consider China's national conditions at the current stage. They must not be separated from reality and agree to the provisions of the revised draft of the three drafts. Some believe that tobacco companies conduct product introduction within the sales channel. It is to protect consumers' right to know and not belong to advertisements. Some members of the Standing Committee suggested further clarifying that it is forbidden to publish tobacco advertisements on public transport and outdoors.

After research by the Law Commission, it is proposed that this paragraph be amended to prohibit the release of tobacco advertisements in the mass media or in public places, public transport, and outdoors. It is forbidden to send any form of tobacco advertising to minors.

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The strictest food safety law

How to protect the tip of the tongue?

It is safer to eat fruits and vegetables

The state adopts a strict management system for the use of pesticides and prohibits the use of highly toxic and highly toxic pesticides in crops such as vegetables, fruits, tea, and Chinese herbal medicines.

No longer be fooled by health products

The labels and instructions for health foods shall not involve diseases prevention or treatment functions. The contents shall be truthful, consistent with the contents of registration or filing, and state that "this product is not a substitute for drugs."

The quality of infant formula is more assured

The production enterprise shall establish and implement quality control over the entire process from raw material entering the factory to the finished product, and implement batch-by-batch inspection of the manufactured infant formula food. Product formulas should be registered by the State Council Food and Drug Administration.

Online shopping food can also safeguard rights

If a consumer purchases food through a third party internet food transaction platform and his legal rights and interests are damaged, he or she may seek compensation from the food business operator or food producer.

? Genetically modified foods are easy to identify

Production and operation of genetically modified foods should be marked. If it is not marked according to the provisions, the maximum amount of goods that can be disposed of is a fine of five times or more and ten times or less. If the circumstances are serious, it is ordered to suspend production and suspend business until the license is revoked.

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Which behavior can be punished 30 times

"The old stuffing moon cake" - using recycled food as raw material to produce food.

"Melamine milk powder" - The main and auxiliary foods for infants and young children and other specific groups that produce nutrients that do not meet the food safety standards.

“Disease-killing pork” — poultry, livestock, beasts, and aquatic animal meats that are diseased, poisoned, or died from unexplained causes, or that are used to produce and manage their products; there are other circumstances.

In addition, production and operation of foods that exceed the scope of use of food additives in excess of the limit; production and operation of the production of a false production date, shelf life, or exceeding the shelf life of food, additives and other acts will be fined up to 20 times.

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New administrative detention penalty

In the new version of the Food Safety Law, in order to strengthen the punishment of illegal criminals and sentenced to more than one sentence of imprisonment for food safety crimes, it may not be engaged in the management of food production and management for life.

If the illegal act constitutes a crime, the public security department directly conducts the investigation and pursues criminal responsibility. If it does not constitute a criminal offence, it is the administrative law enforcement department that imposes an administrative penalty.

In addition, the investigation of administrative legal responsibilities has been strengthened. The punishment for administrative detention has been newly added. The current Food Safety Law does not include this provision, and does not impose restrictions on personal liberty in violation of violations of food safety.

â–  Doubts

Why are the highly toxic pesticides not completely banned?

Full disable will affect safety production

Food safety incidents caused by excessive pesticide residues have been frequently exposed. The most recent incident was in March this year. Many residents of Jimo and Jiaozhou in Shandong Province suffered from dizziness, vomiting and other symptoms due to the consumption of “toxic watermelon”, and also caused abortion of a pregnant woman. The World Health Organization also specifically targeted China's proposal to thoroughly peel the root vegetables and fruits. Therefore, within the legislators, some members of the Standing Committee proposed a total ban.

However, according to a data from the Ministry of Agriculture, since the 1980s, China has banned 33 highly toxic and high-risk pesticides, and stipulated that highly toxic pesticides should not be used for fresh agricultural products such as vegetables and fruits. At present, the proportion of high toxic pesticides used in the total use of pesticides has dropped below 3%, which is more than 30 percentage points lower than at the beginning of this century.

The Ministry of Agriculture said in a "newspaper" that "China does not yet have the conditions for the complete ban of highly toxic pesticides." Some pests mainly rely on highly toxic pesticides for prevention and control, and new pesticides have a long development cycle. The complete ban on highly toxic pesticides will affect agriculture. Safe production; Highly toxic pesticides do not necessarily pose high risks, as long as they are strictly used as required; effective response to fulminant diseases and pests requires highly toxic pesticides for emergency disposal.

The Ministry of Agriculture exemplifies to the legislators that, in the world, developed countries such as Europe and the United States have not completely banned highly toxic pesticides. Therefore, it is proposed to phase out and reduce existing high-toxic pesticides. The 12 kinds of highly toxic pesticides that are still retained are divided into phases. Batch elimination.

The NPC Law Committee has absorbed this view. Legislators focused on irrepressible and prohibitive discussions, and after weighing the social concerns and China’s national conditions, they tightened some of the drafts.

Why infant milk powder allows OEM production?

The internationally accepted production method prohibits inconsistent with the laws of the market

Another topic of concern is infant formula. In June 2013, the nine ministries and commissions of the country jointly issued the New Policy for Infant Formula Milk Powder (“Opinions on Further Strengthening the Quality and Safety of Infant Formula Milk Powder”), which has forbidden OEM commissioning, except that this administrative regulation has obvious effectiveness. Lower than the Constitution and the law.

The revision of the Food Safety Law removed the requirement that the labeling should not be commissioned. The jurists who participated in the amendment stated that legislation itself is the process of the game of interest appeals. At the same time, it must also take into account the legislative thinking and the actual difficulties. According to a research report from the National People’s Congress, in February 2015, some members of the Administrative Law Office of the National People’s Congress’s Law Commission went to Jilin and Heilongjiang to carry out a legislative study on the draft amendment to the Food Safety Act. A dairy company official suggested that “whether or not commissioned to produce food? Safety has no impact, and the current national regulations on dairy products raise a lot of unnecessary restrictions on domestic dairy products, which is detrimental to the development of national industries. Chen Rui, deputy director of the Food Standards Division of the Health and Planning Commission, also told the Beijing News reporter that some of China’s standard indicators are even more stringent than the international standards.

According to the NPC Law Committee, some NPC deputies, the Ministry of Commerce, the Ministry of Industry, the Ministry of Industry and Information Technology, the public and some foreign countries have proposed in the Chinese Chamber of Commerce during the consultation period that entrusting or requisitioning is an internationally accepted method of production. All non-conformities are prohibited in the law. The law of market economy, especially if it is forbidden to import milk powder produced in this way abroad, is not feasible, and production companies are also easily evaded through joint ventures, cooperative production, etc. In the end, this revision removes the rule that no signing of a license must be authorized, and that the clause of not loading points is retained.

Yesterday, Deputy Secretary of Food and Drug Administration Teng Jicai explained that the nine ministries stipulated that it was based on problems found in the quality and safety supervision of infant formula milk powder before 2013, and the country’s food safety at the time, especially the status of infant milk powder industry. Made by. Over the past year or so, through the joint efforts of all relevant regulatory and law enforcement agencies, this provision has played a very good role in regulating the production and operation of infant formula milk powder and improving the quality of infant formula milk powder.

Professor Liu Junhai, director of the Institute of Commercial Law at Renmin University of China, believes that the revision method took into account the national conditions and responded to social concerns. The next step left for the administrative supervision department was to use power in decentralization, empowerment, and rights protection. Under the background of the government, we must change the regulatory thinking, liberalize the administrative licensing, and emphasize the supervision during and after the event so as to activate the law step by step.

This edition was written by Xinting reporter Zhang Yuan intern Luo Ting

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