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20 17 stipulates that food safety standards are mandatory standards to protect public health and life safety. Therefore, what matters should be formulated as food safety standards needs to be clearly defined by law, thus providing guidance and basis for the formulation of food safety standards.
According to the provisions of Article 26 of the Food Safety Law, the contents of food safety standards include:
Provisions on the limit of substances harmful to human health in food and food-related products.
Substances harmful to human health in food and food-related products include pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health.
Microorganisms are divided into pathogenic microorganisms and non-pathogenic microorganisms according to whether they are pathogenic to humans and animals in medicine. Pathogenic microorganisms include bacteria, viruses and fungi.
The problem of pesticide residue is produced with the wide use of pesticides in agricultural production. Some pesticides used at present can be biodegraded into harmless substances in a short time, while most pesticides are difficult to degrade and have strong residues. Pesticides enter grain, vegetables, fruits, fish, shrimp, meat, eggs and milk, causing food pollution and endangering human health.
Veterinary drug residue refers to the prototype drug or its metabolites accumulated or remained in livestock or poultry or products (such as eggs, dairy products and meat) after the use of veterinary drugs, including the residue of impurities related to veterinary drugs.
Heavy metals refer to metals with specific gravity greater than 5, and generally belong to transition elements. Such as copper, lead, zinc, iron, cobalt, nickel, manganese, cadmium, mercury, tungsten, molybdenum, gold and silver, all heavy metals are toxic to human body if they exceed a certain concentration. If rivers, lakes, oceans and soil are polluted by heavy metals, fish or shellfish accumulate heavy metals and are eaten by humans, or heavy metals are absorbed by crops such as rice and wheat and are eaten by humans, heavy metals will enter the human body and cause heavy metal poisoning.
Broadly speaking, pollutants include any substance that is intentionally added to food during food production, manufacturing, processing, preparation, treatment, filling, packaging, transportation and storage, or because of environmental pollution.
The above-mentioned substances and other substances harmful to human health are forbidden to be artificially added to food, but due to production technology, environmental pollution and other reasons, they will more or less enter the food and eventually enter the human body. If the intake of harmful substances exceeds a certain content, it will endanger human health. Therefore, it is necessary to determine a maximum allowable value to protect human health and stipulate the limit of various harmful substances in food.
2 varieties, scope of use and dosage of food additives.
Food additives refer to artificial or natural substances added to food in order to improve the quality, color, aroma and taste of food and meet the needs of preservation, preservation and processing technology.
At present, the food additives allowed to be used in China include: acidity regulator, anti-caking agent, defoamer, antioxidant, bleaching agent, filler, alkaline substances in gum sugar, colorant, color protection agent, emulsifier, enzyme preparation, transgenic microorganism, flavor enhancer, flour treatment agent, coating agent, humectant, nutrition enhancer, preservative, stabilizer and coagulant, sweetener, thickener, edible essence and food.
Abuse of food additives will seriously harm human health, so it is necessary to formulate standards to strictly limit its varieties, scope of use and dosage.
Three, infants and specific groups of people on the nutritional requirements of the main and auxiliary food.
Infants and young children are an important period of healthy growth in one's life. If we can get reasonable dietary nutrition in this period, it will certainly lay a good material foundation for the physical and intellectual development in the next life. All kinds of nutritional components of infant's main and supplementary food must be scientifically matched, and a certain nutritional component can neither be too much nor too little. Less will lead to malnutrition, and more will also cause poisoning. The nutritional components of infant's main and supplementary food are not only related to the nutrition of food, but also related to the health and life safety of infants. It is necessary to stipulate the maximum and minimum requirements of nutritional components after risk assessment, so that infants can meet their nutritional needs while ensuring food safety. Similarly, other specific groups also have special requirements for the nutritional components of main and auxiliary foods, and standards need to be formulated.
4. Requirements for labels, labels and instructions related to food safety and nutrition.
Many contents in food labels, labels and instructions are directly or indirectly related to the safety of consumers when eating, such as name, specification, net content, production date, etc. List of ingredients or ingredients; The name, address and contact information of the producer; Shelf life; Product standard code; Storage conditions; Food additives used; Production license number. The labeling of these contents should be true, accurate, easy to understand, scientific and legal, and unified requirements need to be formulated.
5. Hygienic requirements in the process of food production and operation.
The process of food production and operation is an important link to ensure food safety, and each process has certain hygiene requirements. For example, tableware, drinking utensils, containers for holding food directly, etc., should be washed and disinfected before use; Containers, tools and equipment for storing, transporting and loading and unloading food shall be safe and harmless; The food for direct entrance should be packaged in small packages or non-toxic and clean packaging materials and tableware; Water use shall conform to the hygienic standards for drinking water prescribed by the state; The detergents and disinfectants used should be safe and harmless to human body. These all need to formulate unified standards and requirements.
6. Quality requirements related to food safety.
If the quality requirements involve food safety, they also belong to the content of formulating food safety standards.
Seven, food inspection methods and procedures.
Food inspection methods and procedures include unified provisions on principles, categories, sampling, operation, precision requirements, instruments, equipment, inspection or test conditions, methods, steps, data calculation, result analysis, qualification standards and re-inspection rules.
Eight, other contents that need to formulate food safety standards.
Other contents include other contents that are not explicitly listed, but involve food safety and need to be standardized.
User consultation:
Half a month ago, Ms. Xu bought bread, cakes and other foods worth 260 yuan in a bakery. The production date indicated in the outer packaging bag is the same day, and the shelf life is 3 days. Ms. Xu immediately went home to have dinner with her family and found that all of them had deteriorated, and some of them were quite serious. Fortunately, it was found in time and did not cause poisoning and other consequences.
Under Ms. Xu's repeated questioning, the bakery clerk had to admit that these breads and cakes were actually overdue for more than 15 days, but in order to reduce losses, the bakery had changed the packaging and re-marked the production date. In the face of Ms. Xu's request from double indemnity, the bakery only agreed to return the goods for a refund on the grounds that it did not cause any damage to herself and her family. Excuse me: does Ms. Xu really have no right to claim compensation?
The lawyer said:
Ms. Xu has the right to claim compensation from the bakery for 3 times or 10 times.
First of all, Ms. Xu Can demanded triple compensation according to the Consumer Protection Law. The law stipulates that if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the increased amount of compensation is less than that of 500 yuan, it shall be 500 yuan. Fraud refers to the behavior that operators deceive and mislead consumers by false or other improper means in providing goods or services, which damages the legitimate rights and interests of consumers. The bakery knows that bread and cakes have expired for many days and even gone bad. However, in order to reduce their own losses, by changing the packaging and re-labeling the production date, making food is the illusion of the same day production, deceiving and misleading consumers to buy, which obviously has corresponding characteristics.
Secondly, consumers can claim 10 times compensation according to the Food Safety Law. Production and operation are prohibited by law? If the food beyond the shelf life violates the provisions of this law and causes personal, property or other damage, it shall be liable for compensation according to law. In the production of food that does not meet the food safety standards or the sale of food that does not meet the food safety standards, consumers can claim compensation of 10 times the price from the producer or seller in addition to compensation for losses. ?
In other words, as long as there is one of the acts of producing and selling foods that do not meet food safety standards, it is natural to investigate the responsibility of consumers for personal injury. Even if there is no personal injury to consumers, consumers have the right to demand compensation of 10 times.
Measures for Punishment of Consumer Fraud Article 1 In order to stop the fraudulent consumption of commodities or services by business operators and protect the legitimate rights and interests of consumers, these Measures are formulated in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.
Article 2 The term "consumer fraud" as mentioned in these Measures refers to the behavior of business operators who deceive and mislead consumers by false or other improper means when providing commodities (hereinafter referred to as commodities, including services) or services, thus harming the legitimate rights and interests of consumers.
Article 3 When an operator provides commodities to consumers, it is an act of deceiving consumers in any of the following circumstances:
(a) sales of adulterated, fake and shoddy goods, shoddy goods;
(two) the use of false or other improper means, so that the number of goods sold is insufficient;
(3) sales? Disposable goods? 、? Defective products? 、? Out of class? Waiting for the goods, falsely claiming to be genuine;
(4) Using falsehood: clearance price? 、? Sales price? 、? Lowest price? 、? Preferential price? Or mark the sale of goods at other deceptive prices;
(five) selling goods by means of false commodity descriptions, commodity standards and physical samples;
(six) do not sell goods with real names and marks;
(seven) deceptive sales induction by employing others. ;
(eight) false on-site demonstration and explanation;
(nine) the use of radio, movies, movies, newspapers and other mass media to make false propaganda of goods;
(10) defrauding consumers of advance payment;
(eleven) the use of mail order sales to defraud the price and not to provide or not to provide goods in accordance with the agreed conditions;
(12) with fake ones? Bonus sales? 、? Repay the principal and sell it? Selling goods in other ways;
(13) Deceiving consumers by other false or improper means.
Article 4 A business operator who provides commodities to consumers in any of the following circumstances and cannot prove that he does not deceive or mislead consumers shall bear the legal responsibility for deceiving consumers:
(a) the sale of invalid or deteriorated goods;
(two) the sale of goods that infringe upon the registered trademark rights of others;
(3) selling goods with forged origin, forged or falsely used the name of another enterprise;
(four) the sale of counterfeit origin, forgery or fraudulent use of other people's goods with unique names, packaging and decoration;
(five) the sale of counterfeit or fraudulent use of certification marks, brand-name marks and other quality marks of goods.
Article 5 Where there are provisions in laws and administrative regulations on the organs and methods of punishment for consumer fraud listed in Articles 3 and 4 of this Law, such provisions shall prevail: if there are no provisions in laws and administrative regulations, the administrative department for industry and commerce shall punish them in accordance with Article 50 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.
Article 6 Where a business operator commits fraudulent acts in providing goods and services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of the increased compensation shall be twice the price of the goods purchased by consumers or the cost of receiving services.
Article 7 The procedures for the administrative department for industry and commerce to investigate and deal with consumer fraud shall be implemented in accordance with the Interim Measures for the Administration for Industry and Commerce to Accept Consumer Complaints.
Article 8 These Measures shall come into force as of March 2006 1996.
Judgment of fraudulent consumer behavior
According to the relevant provisions of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests and the Measures for Punishment of Consumer Fraud issued by the State Administration for Industry and Commerce in March 1996, it is mainly determined whether the behavior of operators constitutes fraud from the following three aspects:
The first is to judge according to the means used by the operators to provide goods or services. Generally speaking, the following acts of operators are fraudulent to consumers:
(a) the sale of adulterated, counterfeit and shoddy goods;
(two) to take false or other improper means, so that the number of goods sold is insufficient;
(3) sales? Disposable goods? 、? Defective products? 、? Out of class? Waiting for the goods, falsely claiming to be genuine;
(4) use fake? Clearance price? 、? Sales price? 、? Lowest price? 、? Preferential price? Or mark the sale of goods at other deceptive prices;
(5) Selling commodities with false commodity descriptions, commodity standards or physical samples;
(six) not to sell goods with their real names and marks;
(seven) using others to induce deceptive sales;
Make false live demonstrations and explanations;
(nine) using radio, television, movies, newspapers, periodicals and other mass media to make false propaganda of goods; ⑽ defrauding consumers of advance payment; ⑾ Failing to provide or provide goods according to the agreed terms, and defrauding the price by mail order sales; ⑿ with fake? Bonus sales? 、? Repay the principal and sell it? Selling goods in other ways; 13. Deceive consumers by other false or improper means.
Secondly, judge whether the operator's behavior is misleading consumers. To judge whether the operator's behavior misleads consumers, we should adopt general standards, that is, the cognitive level and recognition ability of ordinary consumers shall prevail. If this behavior is enough to mislead ordinary consumers, it constitutes fraud. If this behavior is not enough to mislead ordinary consumers, individual consumers can claim fraud without proving that they have misunderstood.
The fraudulent behavior of operators will generally damage the legitimate rights and interests of consumers. This damage does not mean that actual loss or damage is needed. As long as the operator's behavior is enough to mislead consumers by its nature, it can be regarded as fraud.
Third, judging from the subjective aspects of the operator's behavior. China's law does not clearly stipulate that the subjective elements that constitute fraud are intentional, but literally, fraud is an act of covering up the truth and misleading consumers to be deceived. Therefore, there is no need for operators to have a subjective intentional state, but? Fraud? The word itself already contains or reveals the intentional psychology of the operator.
So, in the following cases, the operator? If you can't prove that you didn't cheat or mislead consumers, you should bear the legal responsibility of cheating consumers? ：
(a) the sale of invalid or deteriorated goods;
(two) the sale of goods that infringe upon the registered trademark rights of others;
(3) selling goods with forged origin, forged or falsely used the name of another enterprise;
(four) the sale of counterfeit or fraudulent use of other people's commodity names, packaging, decoration of goods;
5] selling goods with forged or fraudulent use of quality marks such as certification marks and brand-name marks. If the operator can prove it, it is not fraud; Failure to prove it constitutes fraud.