The “Internet Food Safety Illegal Practices Investigation and Management Measures†stipulates that the providers of online food transaction third-party platforms shall establish the registration and registration of food production and business operators on the network, conduct food safety self-inspection, stop and report violations of food safety, and stop service of serious illegal activities, food Security complaints and reports and other systems are handled and made public on the Internet platform.
Every reporter Zhou Chengcheng
On July 14th, the State Food and Drug Administration issued the “Measures for Investigation and Treatment of Internet Food Safety Illegal Practices†(hereinafter referred to as the “Measuresâ€), which will come into effect on October 1. The third-party online food trading platform provider and the food production of the network The behavior of the operator will be regulated.
The Measures require that providers of online food transaction third-party platforms should establish systems such as registration and review, and should stop providing platform services when serious violations of food production and business operators are detected.
"Daily Economic News" reporter noted that at the press conference of the Food and Drug Administration of the same day, Chen Wei, Deputy Director of the Legal Department of the State Food and Drug Administration introduced the "method" to take "Mysterious Buying" on food sampling. Home" system.
Chen Hao said that in the era of Internet food safety sampling system, in order to deal with the virtual nature of online shopping, the information is relatively asymmetric, and "mysterious buyers" is a very useful regulatory measure.
Identify network food transaction third party platform obligations and responsibilities
The data shows that in recent years, China's e-commerce has developed rapidly. In 2015, the amount of online retail transactions has reached 3.88 trillion yuan.
In this context, online food business has also developed rapidly. The network food business has the characteristics of accurate information, fast transactions, and trans-regional transactions that are different from food entities. But at the same time, online food safety as a new thing is also a regulatory problem in the world.
Chen Hao pointed out that the supervision of online food is faced with many problems such as many business entities, a wide geographic area, high technical level, complicated laws, inadequate supervision capabilities, and unclear procedures for investigation and handling of illegal foods in the Internet.
This also brought about some food safety hidden dangers. For example, the online ordering platform was “hungry?†and the black heart workshop was exposed by the CCTV 315 party. The problem workshop was mixed with the American group’s take-out and the monthly reception of more than 8,000 online orders was also exposed. .
In addition, the third-party e-commerce platform is also a “hard-hit area†for food safety outbreaks. In the latest food sampling result announced by the State Food and Drug Administration on July 12, the third-party online e-commerce platforms such as the First Store were "listed."
For example, according to the Food and Drug Administration website's notice of unsatisfactory situation, the flagship store in the island flagship store sold on Tmall (website) Qingdao Road Brand Management Co., Ltd. commissioned (Sino-foreign joint venture) Yantai Beauty Food Co., Ltd. production of incense For spicy squid, the total number of colonies detected was 83000 CFU/g. It is 1.8 times higher than the standard (not exceeding 30000 CFU/g).
The “Measures for investigation and enforcement of Internet food safety violations†promulgated by the General Administration of Food and Drug Administration apparently made it possible to investigate and deal with related illegal activities. "It can be said that we have two 'firsts' in the supervision of online food trade." Chen Yu said that the first is the first country in the world that clearly defines the obligations and corresponding legal liabilities of third party platforms for food transactions in food safety law. The second is the first country that specifically formulated such regulations as the “Measures for Investigation and Handling of Internet Food Safety Illegal Actsâ€.
Damaged consumer rights, third-party platforms bear joint responsibility
According to Cui Enxu, deputy director of the Food Surveillance Second Division of the State Food and Drug Administration, a third-party platform plays a key role in the management of online food. The third-party platforms are connected with thousands of food producers and operators, and thousands of food consumers are connected there. Two thousand are scattered. "If we rely solely on supervision, the cost will be very high. It will be twice as effective and it will not necessarily achieve good results," he said.
Cui Enxue expressed that it is necessary to seize the “niche†of third-party platforms, and the third-party platform’s legal management and effective management of networked food business operators is an important link in ensuring the supervision of food sales in the Internet.
In terms of the obligations and legal obligations of third-party platforms, the Measures stipulate that providers of online food transaction third-party platforms should establish inspection and registration of food production and business operators on the network, conduct self-inspection of food safety, stop and report violations of food safety, and serious violations. Platform service stoppages, food safety complaints and reports, etc., are also disclosed on the Internet platform.
In case of violation of the above provisions, the local food and drug supervision and administration department at or above the county level shall order correction and give a warning; if it refuses to make corrections, it shall be fined between 5,000 yuan and 30,000 yuan.
At the same time, providers of online food transaction third-party platforms and food traders who trade food through self-built websites should record and store food transaction information. The storage time should not be less than six months after the end of product warranty period; Less than 2 years. In case of violation, the local food and drug supervision and administration department at or above the county level shall order correction and give a warning; if it refuses to make corrections, it shall be fined between 5,000 yuan and 30,000 yuan.
In addition, it is worth noting that if the network food transaction third-party platform provider fails to fulfill its obligations, the following five consequences will occur. The food and drug supervision and administration department at or above the county level will follow Article 131 of the Food Safety Law. The regulations are ordered to suspend business, and the relevant circumstances are transferred to the competent communications department.
Including those that cause death or severe personal injury; occur food safety accidents above a certain level; occur more serious food-borne illnesses; infringe the legitimate rights and interests of consumers and cause serious adverse social impacts; Consequences.
"If consumers' rights and interests are damaged due to the operation of third-party platforms, consumers can seek compensation from food producers and operators. In compliance with legal regulations, third-party platforms have to harm consumers' rights and interests. It's time to take joint responsibility." Cui En said.
Will implement "mystery buyer" sampling system
In terms of regulatory measures, Chen Hao said that online food sampling takes a "mysterious buyer" system. "Actually, the cyber food safety sampling system is in the era of the Internet. In order to cope with the virtual nature of online shopping and the relative asymmetry of information, "mystery buyers" is a very useful regulatory measure."
The specific method of operation, the "measures" stipulates that the design of the network of food samples through the sample as a customer to buy samples, record the name, type and quantity of sample samples, samples of purchased personnel and payment accounts, registered accounts, the address of the goods, Contact information, and retain relevant notes. As a customer, it is actually a scenario that restores the simulated consumer's on-site purchase, which can more realistically restore the status of food safety that consumers purchase, and thus better guarantee the rights and interests of consumers.
"Daily Economic News" reporter noted that "mystery" is also reflected in the time node. According to Chen Hao, after the purchase sample reaches the buyer, it is necessary to check and seal the sample. Before this time node, it is necessary to ensure a certain degree of “mysteryâ€, and the merchant does not know that it was sent to the supervisory department at the time of delivery. The mysterious purchase of buyers and related personnel plays a role in ensuring authenticity and impartiality.
“At the same time, in order to ensure the fairness of the sample for the buyer, we also require the sample-purchasing personnel to inspect the package for the purchase of samples on the Internet, seal the samples separately, and take pictures and videos to record the unpacking. Process." Chen Hao said.
The "Measures" stipulates that if the inspection results do not meet the food safety standards, the food and drug supervision and administration department shall, in accordance with the relevant regulations, promptly notify the sampled food production and business operators of the access to food. The food production and business operators of the network shall adopt measures such as stopping the production and operation, sealing off unqualified foods, and controlling food safety risks.
In addition, the "Measures" also stipulates the obligations and responsibilities of network food transaction third-party platform providers in random inspections. That is, if a sample is purchased through a third-party web food transaction platform, it shall also notify the online food transaction third-party platform provider of the inspection result. The online food transaction third-party platform provider shall stop sales of unqualified foods according to law.
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