The twelfth session of the Standing Committee of the Twelfth National People's Congress reviewed the revised draft of the Food Safety Law and the draft amendment to the Legislative Law yesterday. Some members of the Standing Committee put forward opinions and suggestions on online food safety, specialty foods, and food advertisements. Some members suggested that anyone who sells food on the Internet must have a physical store and obtain permission.
In addition, some members of the Standing Committee also provided opinions and suggestions on statutory taxation, authorized legislation, and departmental legislation. Among them, some representatives suggested that the power to set aside taxes should be returned to the National People's Congress, and a timetable should be established to announce the legislative plans for each tax type.
Food Safety Law
Network food should have a business license
During the group deliberation, members of the Standing Committee proposed that online food is now also a big problem. The draft of the second review only stipulates the “third party for network food transactionsâ€, but there is no provision for food production and marketing operators on the network, and it is recommended to increase "The food production and business operators of the network shall obtain food production and operation licenses according to law."
The committee member said that this means that all food products sold on the Internet must have physical stores. This physical store must obtain a permit in accordance with the requirements of the Food Safety and Health Law for production and operation before it can be sold online. On this basis, it is further stipulated that "the third party in the online food trading platform shall register real-name food business operators on the network and check their food production and operation licenses" to clarify their food safety supervision responsibilities.
Some members also suggested that the third party platform for online food transactions would like to define this in the Annex. Now according to the explanation of experts, Taobao is the third-party platform for online food transaction, while WeChat and Weibo do not count, and what criteria should be used to divide it needs to provide a definition in the Annex, that is, what is the third-party platform for online food transaction.
Student child meal trials
The second draft of the draft stipulates that schools, childcare institutions, construction sites, and other centralized dining units fail to perform food safety management duties as prescribed, and should be punished. In this regard, Chen Guangguo proposed that it should also add that "the above-mentioned departments of the competent departments have not fulfilled food safety responsibilities, they should also bear corresponding legal responsibilities."
In addition, the member proposed that the second-party review made clear the centralized dining unit, such as schools, kindergartens, and construction sites. However, it has overlooked a problem that ship shipping is also a centralized dining unit. Food safety management for centralized shipping of ships needs to be stipulated in the Food Safety Law.
In addition, Dong Zhongyuan members clearly stated that it should clearly stipulate that “schools and child-care institutions†should, in addition to checking food safety, implement a trial meal system for students before they dine.
Premiums sold in licensed areas
The draft of the second review only stipulates health foods and infant foods for special foods. Members of the Standing Committee proposed during the deliberation that the specialties should also belong to special foods, as well as imported foods, newly produced foods, and foods for restoration and reproduction. Whether all should be placed in special foods, to be clear and hierarchical.
In addition, the proposed draft stipulates that “the production and operation of special food products must be based on the requirements of scientific health and improve the traditional craftsmanshipâ€. The member explained that the traditional craftsmanship of many native products is now very backward and unscientific, but the people are very fond of it. As a food safety law, there should be a guide, and the production and operation of local specialties should follow the requirements of scientific health. Improve traditional crafts and obtain permission from the county or above health administrative department.
In addition, local products should also be included in the risk monitoring of food regulatory agencies in the region, and be limited to sales in the licensed area.
To regulate the use of high-risk foods such as wild vegetables
As for the regulatory standards for foods, China has not yet unified them. For this reason, members of the Standing Committee proposed during the deliberation that food classification should be carried out first, and then the corresponding standards should be formulated. For example, what are popular foods (ordinary foods)? Which are special foods? Which are added foods? All should be clearly divided. In addition, special products and wild vegetables need to be classified and regulated.
Zong Qinghou, deputy to the National People's Congress, proposed that food safety standards should enforce national standards and be formulated by the health administrative department of the State Council. In addition to food safety standards, no other mandatory food standards may be formulated. He believes that allowing local and enterprises to establish food safety standards, in fact confuses food safety standards and product quality standards, food safety standards can not allow local and business to determine.
Commissioner Che Guangtie suggested further strengthening the definition and supervision of high-risk foods. He pointed out that many of the food poisoning incidents that occur in real life are caused by high-risk foods. For example, in food poisoning incidents in school canteens, foods such as wild vegetables are more common and are recommended in food safety laws. It was determined that the food and drug supervision and management department at the municipal level determined the catalogue of high-risk foods and prohibited areas suitable for the eating habits of the region based on risk monitoring results and accident investigations, so as to standardize the use of high-risk foods in the region.
Health food advertisements should be strictly regulated
In his deliberation, the letter Springhawks pointed out that the original law had strict regulations on food advertising and clarified that “food advertisements must not involve the functions of disease prevention and treatmentâ€. However, in practice, many food advertisements of television stations are conducted in various direct or The concealed way of propagating the function of food “is definitely not to say that eating can be hungry. It must be said that it has other effectsâ€.
For example, the letter Springhawk said that the advertisement of the mushroom mushroom biscuits, which is widely used now, uses the word “weiweiweiâ€. Its price is several times that of other similar crackers, and the biscuit pharmacies and food stores are selling.
In this regard, Xinchun Ying proposed comprehensive consideration of the special nature of food advertising and made more strict regulations on food advertising.
Legislative law
Formulate tax law plan to abolish various pilot projects
Article 9 of the Second Review Draft stipulates that "if the matters stipulated in Article 8 of this Law have not been enacted, the National People's Congress and its Standing Committee shall have the power to make decisions and authorize the State Council to formulate an administrative plan on some of these matters in accordance with actual needs. Regulations, except for matters relating to crimes and penalties, deprivation of citizens’ political rights, and compulsory measures and penalties that limit personal liberty and judicial systems.†National People's Congress representative Chen Zemin proposed that taxation should be added to matters that are recommended for authorization.
He believes that taxation affects every family, every business, and every citizen. At present, there are 18 kinds of tax revenues in the country, and only three are legislated by the National People's Congress. They are personal income tax, corporate income tax, and taxation laws for vehicles and boats. In addition, some tax collection laws are also legislated by the people’s congresses, but they do not involve specific tax types. The remaining 15 are introduced by the State Council in the form of provisional regulations and trials. Many tax rates are often adjusted by the government’s specific administrative agencies. Unilaterally, a red-headed document determines the policy. Without a hearing, issuing notices became a means of market regulation.
Chen Zemin took the adjustment of the latest refined oil consumption tax as an example. He suggested that as the international oil price dropped, domestic companies took the opportunity to increase taxes, and the relevant units issued two notifications to increase the tax rate twice. The people’s response was very strong.
In view of these circumstances, he proposed that it is time to withdraw the power of taxation to the National People's Congress. It is suggested that a timetable be established for the principle of the taxation of the rule of law, that the legislative plan for each tax type be listed, and that the provisional regulations and pilot regulations for various types of taxes be abolished as soon as possible. Therefore, the National People's Congress should formulate tax-related laws.
People's Congress Leads Legislation to Prevent "Departmentalization"
During the deliberations, Yu Shengzhi and his members proposed that one of the major drawbacks of the administrative system is to scramble for power and to scold power. They have to play “basketball†to rob when they encounter power; and hit “volleyball†when they encounter responsibilities. Who will lead the legislation in the end? It is suggested that the idea of ​​the leading legislation of the National People's Congress be incorporated and then explicitly proposed to prevent the legislature.
He believes that now, "the state's departmentalization of power, the interests of the department's interests, the legalization of the interests of the department," the department legislation in the "governance of the people" and "government" relationship, often emphasizes "governing the people." In the future legislative process, it is necessary to prevent the statutoryization of departmental interests and prevent departments from competing for power over legislative issues.
The question of who controls the legislation on the issue of legislation may be a key issue in the legislative process. Is it led by the executive branch or by the people's congress? When there are different opinions, who can lead and whose opinions play a leading role, the legislation law needs to solve this problem.
Explicit contents of military administrative regulations
Deng Changyou proposed that the draft amendment to the Legislative Law clearly regulate the relevant issues of military administrative regulations and military administrative regulations.
Deng Changyou stated that the military administrative regulations were jointly formulated by the State Council and the Central Military Commission. They were jointly signed by the Premier of the State Council and the Chairman of the Central Military Commission, and were issued by the State Council and the Central Military Commission. Such as the implementation of the protection of military facilities, retired soldiers and other regulations. Military administrative regulations were issued jointly by the relevant departments of the State Council and the relevant headquarters of the Central Military Commission. Such as military children's education preferential treatment methods.
Military administrative regulations and military administrative regulations have made clear regulations on many major issues in national defense and army building and have played a major role in advancing the rule of law and governing the armed forces according to law. However, the current legislation does not specify the relevant issues of military administrative regulations and military administrative regulations, resulting in the lack of legislative legal basis for military administrative regulations and military administrative regulations. It urgently needs to be resolved in the legislative act to resolve this major issue.
Therefore, Deng Changyou suggested that in this amendment, the legal status of the military administrative regulations and military administrative regulations, the legislative system, and the legislative process should be clearly defined.
Review of the important process of food safety legislation
year 2006
The revision of the Food Sanitation Law was included in the annual legislative plan. Since then, the revised food hygiene law has been changed to the establishment of a food safety law.
The draft food safety law was first submitted to the NPC Standing Committee for consideration in 2007.
Year 2008
After the draft was announced, opinions and suggestions of various parties were extensively solicited and various changes were made afterwards.
Year 2009
At the seventh session of the Standing Committee of the 11th National People’s Congress, it was passed by a high vote and officially implemented on June 1.
Year 2009
In order to comply with the implementation of the Food Safety Law, the State Council promulgated and implemented the "Regulations on the Implementation of the Food Safety Law."
year 2013
The Legal Affairs Office of the State Council publicly solicited opinions on drafts for draft amendments to the Food Safety Law. The draft revised on this basis was discussed and adopted at the 47th executive meeting of the State Council.
Year 2014
The revised draft is submitted to the ninth session of the Standing Committee of the 12th National People's Congress for deliberation
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