Recently, the State Administration for Market Regulation organized the drafting of the "Regulations on the Supervision and Management of the Implementation of Food Safety Responsibility by Third Party Platforms for Online Food Trading and Online Food Sales Enterprises (Draft for Comments)" (hereinafter referred to as the "Draft for Comments"), which is open to the public for comments. The draft for soliciting opinions consists of 23 articles, which strengthen the requirements for online food safety management of platform enterprises and networked food sales enterprises from multiple dimensions such as management personnel allocation, management mechanism operation, supervision and management, and legal responsibility. In terms of strengthening management responsibilities, the "Draft Opinion" requires platform enterprises to urge their branches, agents, partners, etc. to implement food safety management responsibilities and obligations in accordance with unified requirements. Platform enterprises and networked food sales enterprises should be equipped with management personnel such as food safety directors and food safety officers with corresponding abilities. In terms of improving the operation of management mechanisms, the "Draft Opinion" stipulates that platform enterprises should establish a dynamic management mechanism based on food safety risk prevention and control, develop a food safety risk control list, and establish and implement a "daily control, weekly investigation, and monthly scheduling" work system and mechanism for food safety. In terms of strengthening supervision and management, the "Draft Opinion" stipulates that market supervision departments should make the food safety risks and hidden dangers discovered by platform enterprises in "daily control, weekly investigation, and monthly scheduling" as the key content of supervision and inspection, and investigate and deal with relevant illegal activities in accordance with the law. The State Administration for Market Regulation recently released the "First Batch of Guiding Cases for Food Safety Administrative Law Enforcement" (hereinafter referred to as the "First Batch of Guiding Cases") to strengthen the supervision of online food safety. This measure aims to solve problems such as inconsistent discretion standards, differences in legal application, and differences in handling similar cases in different regions through the demonstration and leading role of guiding cases, unify law enforcement standards, promote law enforcement standardization, enhance public legal awareness, and improve law enforcement authority. The first batch of guiding cases includes 7 cases, covering typical online food safety violations such as various illegal behaviors in live streaming sales of food, and third-party platforms for online catering services failing to fulfill their legal obligations. The State Administration for Market Regulation's move aims to provide clearer and more unified enforcement standards for market supervision departments at all levels across the country. It will reduce and exempt minor illegal acts that have not caused harmful consequences and can be corrected in a timely manner, and resolutely crack down on illegal acts that affect public health and safety, have strong public feedback, and cause adverse social impact. It will build a law enforcement system of "minor exemption, severe punishment for serious violations, and equal punishment for excessive violations" to safeguard the bottom line of food safety and fair market order. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:legaldaily.com.cn
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