Draft revision of the Beijing Food Safety Regulations deliberates five years of ban on food safety crimes

There is a hidden danger in certain foods. Can we adopt the “sit even” measures to collectively remove the same foods from the same origin? Yesterday, the Standing Committee of the Beijing Municipal People's Congress first reviewed the revised draft of the Beijing Food Safety Regulations. There are different views on the “regional delisting” system, the drafting department, and the Municipal People’s Congress Financial Committee.

The current food safety regulations stipulate that when food safety accidents occur or foods that may cause harm to public health and life safety are discovered, the municipal food safety supervision department “may, if necessary, implement temporary control measures for the same type of foods produced by related companies and regions”.

Since September last year, the current regulations have been initiated and revised. The draft submission has followed the regional delisting system. However, yesterday’s first-edition review deleted the system and only stipulated that the results of a food safety monitoring and assessment show that it may have a relatively high level of safety risks and that the situation is urgent and may cause unexpected events. The regulatory authorities shall order a suspension of the incident. Purchase and sell related foods.

Zhang Zhikuan, director of the city's food office, said frankly yesterday that when the revised draft statement was made, it was difficult to grasp the specific standards, and there were too many local protection suspects. If they were loose, they would not achieve the legal protection of food safety.

Zhao Jupeng, deputy chairman of the Financial and Economic Committee of the Municipal People’s Congress, proposed in his deliberation report that since 2007, Beijing has implemented nine regional delisting measures and achieved good results in preventing and controlling food risks. Regional delisting measures should continue to pass legislation and be finalized. In other words, the revision of the regulations should not eliminate the regional delisting system, and it should be further supplemented. For example, after the regional delisting follow-up measures, if the risks are reduced or disappeared, how to remove the temporary control measures such as removing the shelves will be discussed.

■ Delisting in some regions ● In 2003, the city suspended the sale of chicken products from Shandong Changyi.

●In 2004, Tianjin Baolu pork and Pixian beef were withdrawn from the market.

● In 2004, the city suspended the purchase of Longkou fans.

● In 2005, Guangdong Chaoan was ordered to withdraw all preserved fruits.

● In 2005, all canned mushrooms in the county of Tianjin were ordered to withdraw from Beijing.

● In 2006, all products of 14 unqualified bean curd enterprises were retired from Xuchang.

● In 2011, 60 types of seasoned noodles in Henan were delisted due to abuse of preservatives.

â–  The disputed product may be involved?

In the previous regional delisting, the most sensational, largest, and most socially influential was the overall delisting of the preserved fruits of Guangdong Chaoan in 2005.

What is the extent to which the overall delisting of products in a certain area will be achieved?

The City Food Office stated that it was mainly focused on regional concentration and repeatedly appeared unqualified food. The Chaoan fruit was at that time because it was repeatedly detected unqualified and was put on the shelf. The most was removed more than 17 times, and even local famous brands.

City food office sources said that this move is mainly to urge the local government to strengthen the supervision of enterprises in this industry, improve product quality.

In addition to the overall delisting of the region, the Beijing Food Office will send a letter to the government of the place of origin each time, and the situation will require more supervision. The food office official stated that the results obtained are obvious.

At that time, Chaoan, Guangdong contacted and communicated with Beijing, submitted a detailed rectification plan, launched a month-long “carpet-style” food safety special rectification campaign, and improved the overall qualification rate of candied fruit. The deputy mayor of Chaozhou City made an emergency trip to Beijing and negotiated with industry and commerce to reach a consensus on rectification. Soon Chaoan famous gifted fruit will give priority to "unblocking."

However, the overall delisting of problem foods will always cause a chain reaction. For example, when the Chaoan Fruit Market was completely withdrawn, all major supermarkets in Beijing would have to remove all Chaoan fruit. Other cities such as Chongqing and Chengdu have also followed Beijing. More than 500 fruit companies have been hit hard, many of them qualified products.

The industrial and commercial department also admitted at the time that it was not ruled out that some companies were affected because of the overall regional retreat. Of course, a person in charge of food supervision told the reporter that the delisting is not permanent, but implements the policy of “recovering from time to time”. As long as the enterprise seriously rectifies and improves the technology, it can be re-entered in Beijing after being re-qualified to meet the listing requirements. The Beijing News reporter Liao Ailing revised the main changes in the "drainage oil"

For food and kitchen waste oil management, catering service providers shall collect food waste separately, and entrust qualified enterprises to collect and dispose of it, or to build a food waste treatment facility that meets the standards to deal with it on site, and not to dump or discard it at will. Stack or discharge directly.

【Food Vendors】

The district/county people's government may, in accordance with the principle of convenience for the masses and guaranteeing safety, delimit temporary areas (points) and fixed periods of time for businesses operating in foodstuffs in unregulated areas to engage in food operations and make public announcements to the public. It is prohibited to delimit temporary areas (points) within 200 meters from the entrance of kindergartens and primary and secondary schools.

【Black Workshop】

This Municipality implements directory management for food products that can be produced by food production and workshops. The district/county people's government shall, in light of the actual situation, formulate and publish the catalogue of food products produced by the food production and workshops, as well as the production conditions and requirements.

[Food recall]

The food safety supervision and administration department shall, in the course of supervision and inspection, find food that does not meet the food safety standards, and shall immediately disclose the relevant information to the public, and may order the food producer to perform the recall obligation according to law, and the food business operator shall cease sales according to law.

1[Trench oil]

The restaurant is allowed to dispose of the main “raw materials” for cooking oil on the spot – kitchen waste such as kitchen waste and cooking oil. Prior to the submission of the draft, the three major responsibilities of food service providers were stipulated: installation of oil-water separators, grease traps, and other facilities; It is forbidden to directly discharge to the sewers; without the permission, no wastes from the kitchen can be collected and disposed of. The collection, transportation and disposal of restaurant kitchen waste oil must be completed by a qualified company approved by the competent administrative department.

The first-approved draft has adjusted some of its responsibilities. “Without permission, it is not allowed to collect and dispose of restaurant kitchen waste oil” and amend it to “selective clauses”. Restaurants can either entrust qualified companies to collect and dispose of them; or they can set up restaurant-kitchen-garbage treatment facilities that meet the standards. Handle in place.

2【food vendors】

District and county government delineated "cluster area"

Is there a street market formed by practitioners such as food vendors? The first-part review drafts food hawkers from the legislative level, and the district/county government can designate a temporary area and determine a fixed period for food vendors to engage in food operations. The first reviewer also confirmed the regulatory measures. Food vendors wanted to obtain the right to operate in the “gathering zone”. To enter the market for business, they had to go to the township government or the street office to register and retain the relevant information such as the name, operating variety, and operating period.

Municipal People's Congress Financial Committee believes that regulatory measures should also be strengthened, should be determined from the legislative level food vendors to publicize the system. In addition, food vendors may not occupy roads, bridges, pedestrian bridges, underground passages and other public places.

3【Food Workshop】

The release of catalogues of “black workshops” and “black food processing sites” by district and county governments has always been one of the problems in food supervision in Beijing. The first review draft put forward the idea of ​​"directory management". However, the Municipal People’s Congress Financial Committee has different opinions. Zhao Jupeng said that the Financial and Economic Committee believes that if catalogues and production conditions for food products produced by the workshops are authorized by each district and county government, they will easily lead to mixed standards among different counties and counties and uneven production conditions.

Therefore, the Finance and Economics Committee recommends that the catalog and production conditions of food products produced by the workshop should be “one game in the city”, which shall be formulated by the municipal competent administrative department. For example, it is clear that the city's unified food production standards, production and processing areas and living areas isolated.

4[Food recall]

The right to start was changed from a company to a government The existing food safety regulations were enacted in 2007 and the food recall system was established for the first time.

This time on the food recall system, the first review draft made major adjustments. The “recall” was initiated by the food production enterprises and changed to the supervision department. As long as the regulatory authorities discovered “problem food”, they should first disclose the relevant information to the society and order the producers to fulfill the recall obligation; the operators stopped selling.

Moreover, the first-party review emphasized that if the cause of the recall of "problem food" is not due to labeling, labeling, and non-compliance, then "recall" is only a "first step," and the regulatory authorities must continue to supervise the recalled products and continue to supervise the producers. Follow-up measures such as harmless treatment and destruction are taken.

5【Illegal punishment】

“The Food Offense Banned for Life” has been deleted. The “Beijing Food Safety Regulations (Revised Draft)” mentions that, besides the catalogues of food products, food and workshops, and non-residential establishments that have not been licensed to operate or produce food products, Food and other behaviors are stated in the first-instance review, and those who have serious circumstances cancel their licenses.

Moreover, if the food production and operation are carried out without permission, and if the punishment is imposed on food safety crimes and the implementation period is less than five years, they may not serve as directors, supervisors or senior executives of food production and operation enterprises. The responsible person of the unit responsible for revoking the permit, direct supervisor, and directly responsible person shall not engage in food production and operation within five years.

Comparing the draft of the Food Safety Regulations in April this year, we found that at the time, it was specifically mentioned that “for food crimes that are criminally prosecuted, they must not invest in the food industry for a lifetime and engage in food production and business activities”, but this is a The review has been deleted.

In the current “Beijing Food Safety Regulations”, it is stipulated that a person who has been investigated for criminal responsibility may not serve as the legal representative or person in charge of any food production and management company for life. Obviously, it is no longer possible to engage in food production and business activities for the rest of the life, and it is more severe than not to be the person in charge of the company.