http://i1.ce.cn/ce/xwzx/gnsz/gdxw/201306/17/W020130617530265422241.jpg
Today is the first day of the 2013 National Food Safety Publicity Week. Su Zhi, Director of the Food Safety Standards, Monitoring and Evaluation Department of the National Health and Family Planning Commission, made a keynote speech. The following is the full text of the speech:
Su Zhi: Thank you very much to the host and everyone. Thank you for giving me a chance to speak at the sub forum. Just now, I listened to Judge Wang Kun's detailed interpretation of the background of the judicial interpretation, which was very enlightening. Personally, I think it's very good. It's also a legal education for our administrative department. I'm engaged in food safety standards and risk monitoring and assessment, which are two more specific and professional responsibilities. Let me talk about my experience in learning judicial interpretation in combination with our responsibilities.
Su Zhi: As you know, food is very special. Its production and operation activities have made strict regulations. At the same time, our criminal law has long been involved in crimes against food safety. However, in recent years, the situation of food safety is still very serious, and serious malignant cases have occurred from time to time. Three major problems have been solved:
First, it solved the crime of endangering food safety, how to apply it specifically, criminal punishment, and established the criteria for conviction and sentencing of related crimes.
Second, it solves the effective connection between administrative legal norms and their enforcement, criminal legal norms and their judicature. When identifying the specific circumstances of a crime, the judicial interpretation made in-depth research and actively adopted the relevant provisions of administrative laws and regulations and departments according to law, such as the prohibition of using or adding blacklists.
Thirdly, in view of the new situations and problems faced by food safety supervision in recent years, it has solved the application of criminal law in many new difficult cases, and fully embodies the judicial intention of preventing food safety, food safety hazards and related crimes from the source. We believe that the introduction of judicial interpretation will play a positive role in promoting the full use of legal weapons. At the same time, it is also a great support for the government and food safety regulatory authorities. We, the Health and Family Planning Commission, firmly support and implement the judicial interpretation, and resolutely crack down on crimes according to law.
Su Zhi: Our responsibility is to focus on two aspects of cooperation:
On the one hand, standards, food safety standards. Article 143 of the Criminal Law stipulates the crime of producing and selling food that does not meet safety standards, This judicial interpretation, from Article 1 to Article 4, has made specific provisions on the crime situation, It fully reflects the legal status and extreme importance of food safety standards. National food safety standards are mandatory technical regulations and the scientific basis for ensuring food safety, It plays a fundamental role in standardizing food production and operation activities, strengthening scientific government supervision, and promoting healthy development and fair competition of the food industry. Since the implementation of the Food Safety Law in 2009, China's food safety standard management system has been improved, the National Food Safety Standards Committee has been established, the 12th Five Year Plan has been formulated and passed, and the cleaning and integration of safety indicators in food standards has been comprehensively launched, So far, 303 national food safety standards for basic and important products, including dairy product safety standards and pollutant limits, have been published. It should be said that more than 300 of these standards have covered more than 6000 indicators of various foods that may affect food safety.
Su Zhi: As you know, The life of law lies in implementation, and the life of standards lies in implementation. Although the scale of production and the technology of process vary greatly, the implementation of national food safety standards should be treated equally. First of all, it is necessary to ensure that the raw materials of food meet the requirements of the country. It is impossible to produce qualified raw materials. This is also basic knowledge. It must be emphasized that we should strictly control. The second is to implement the provisions of the standard in the whole process of food production and processing or business, and firmly establish the concept that the process of food production and business is the process of ensuring food safety. The third is to strictly implement good production or business practices, to achieve unity of knowledge and practice, and never be lucky. Only when we turn the provisions of the standard into specific management measures and operation specifications of the enterprise, and implement them in place, can the standard play its due normative role.
Su Zhi: Next, the National Health Planning Commission will continue to clean up and integrate the existing food standards as the key point. By the end of 2013, we will complete the cleaning up of the mandatory content of the existing nearly 5000 various food standards, and guide the local authorities to carry out the cleaning up of local standards simultaneously. On the basis of cleaning up, we should seize the opportunity of the 12th Five Year Plan, strengthen research, listen to opinions from all sides, fully learn from international experience, accelerate the formation of China's food safety standard system, complete the task of formulating and revising, and continue to integrate and uniformly issue national food safety standards. Further improve the standard management system, vigorously carry out standard publicity, interpretation and tracking evaluation.
Su Zhi: 2. Timely identify and publish the list of non edible substances that may be added illegally. It is the key task to crack down on food safety crimes at present to severely punish lawbreakers for producing and selling toxic and harmful food. Article 20 of the judicial interpretation stipulates various situations of non food raw materials that should be identified as toxic and harmful. Among them, the List of Non edible Substances that May Be Illegally Added to Food (hereinafter referred to as the "Black List") published by the Commission according to law is one of the important bases for identifying toxic and harmful non food raw materials. So far, 6 batches have been published, including 64 kinds of non edible substances. According to the provisions of the judicial interpretation, anyone who uses the substances in the blacklist as food raw materials, or adulterates non edible substances in the process of food production, processing, storage and sales, shall be investigated and dealt with according to the crime of producing and selling toxic and harmful food.
Su Zhi: In order to do a good job in the identification and management of the blacklist, we have established an expert committee composed of experts in various fields together with relevant departments. According to the information of risk monitoring, supervision and management and social reporting, timely organize the demonstration of newly discovered non edible substances that may be added, constantly update the contents of the blacklist, and actively study the supporting inspection methods. In accordance with the requirements of this institutional reform of the State Council, we will further improve the department coordination mechanism to provide solid technical support for food safety supervision and combating criminal offences.
Thank you!
