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| 9 departments to jointly fight food, health food fraud and false propaganda! |
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| Author：中国铭铉 企划部 Release Time：2017-9-8 15:12:59 Number Browse：820 |
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Medical network - on September 8th September 4, food safety office, the ministry of industry and information technology under the state council, the ministry of public security, ministry of commerce and state administration for industry and commerce, quality supervision, inspection and quarantine, general administration of press and publication administration of radio, film and television, food and drug supervision and net letter office held a 9 departments "national food, health care fraud and false advertising regulation work picturephone meeting". The reporter learned at the meeting, our country food industry accounts for about 15% of GDP, is the national economy important pillar industry. According to incomplete statistics, the current health food production value exceeds 300 billion yuan, health food production enterprises more than 2000.
Of course, there are also some producers who are not responsible for quality and safety, and some are willing to take the risk of breaking the law. Among them, food, health food fraud and false propaganda are more prominent, affecting the overall image of the food industry, resulting in losses to the whole industry.
To solve the outstanding problems, in early July this year, the food safe, 9 department under the state council issued by notice, deployed across the country to carry out a one-year food, health care fraud and false advertising renovation work. The food safety office of the state council has led the establishment of a national leadership team for the improvement of the work. The head of the food safety office is the head of the food safety office, comrade bi jingquan, and the deputy leader is a leader of the other eight departments. The crackdown has been one of the most involved, the longest and the most extensive in recent years.
"The four strictest" falls into place
In his speech, Mr Bi stressed that the crackdown on food, health and food fraud and false advertising required that the "four strictest" demands of the general secretary fall into place.
First, the most rigorous standards should be implemented. Organic food is not allowed to check out pesticides and veterinary drugs, so that false organic certification can not be used to mislead organic agriculture in China. Green food must be prescribed in accordance with the requirements of the production rules, limited use of qualified chemical fertilizers, pesticides, veterinary drugs, or not using chemicals. In pollution-free food, pesticides and veterinary drugs allowed to be used must not exceed the standard, and heavy metals shall not exceed the standard. All food labelling instructions for industrial production must be clear and accurate, and no false labeling should be made. The function of health food labeling should have scientific basis. All food, health food advertising, brochures, audio, video, meeting the content of the lecture, shall not deviate from the label and manual labeled content, it is forbidden to involved in disease prevention and treatment functions.
Second, the most stringent regulations should be implemented. The enterprise is the legal liability subject of the product, and must ensure that its products meet the national food standards; It is necessary to ensure that the labels and instructions are true. The content of its advertisements, brochures, audio video and conference lectures must be guaranteed. Food and drug supervision departments to strengthen the inspection of food, health food production process supervision, strengthen the sampling inspection of food, health food sales, open the production process of test results, open unqualified food, health food inspection results, and take the necessary measures to control risk according to the situation. The industrial and commercial departments should strengthen their supervision over the advertising market. The radio and television department should strengthen the supervision over the advertising agencies. The requirements of the "most stringent regulations" should be implemented in all regions and departments. Local people's governments at all levels should take the responsibility of food security and implement the "party and government accountability" requirements of the general secretary.
Third, the most severe punishment should be implemented. Laws and regulations such as the criminal law and the food safety law and the drug administration law shall be strictly implemented according to the law, which are related to food, health food fraud and false publicity. All law-breaking cases should be punished according to the general secretary's request and the result of punishment to the public. Regulatory information and punishment information to the public, it is the best protection for consumers, the producers or marketers the most powerful deterrent, for law enforcers the hard constraints, for the guidance of public opinion is the most important contribution to the largest social credit system construction. All regions and departments shall check the cases of cases and make regular statistics and publish statistical results to the society.
Fourth, the most serious accountability should be implemented. The local people's governments at various levels and relevant departments shall be responsible and responsible for the issue of food security. Cases involving illegal crimes, especially those that cause serious social impact, shall be investigated for cases and severely punished illegal criminals; And investigating the cause of the incident occurred, including the management responsibility, the supervision department of the competent department of the supervision, responsibility as well as the local government and the organs at higher levels of leadership responsibility to carry out the situation, the lines, plugging loopholes, perfecting the supervision and management measures to effectively guard against systemic risk.
The central place carries on the linkage
At the meeting, deputy director of the food safety office of the state council and deputy director of the food and drug administration, sun meijun, said the crackdown was a problem oriented and highlighted four types of violations. One is to control the production, operation, import of food and health food without permission; The second is to control the product label false identification claims; Third, the government USES the Internet, conference, TV shopping, direct selling, telephone and other illegal marketing and fraud sales; The fourth is to administer uncensored health food advertisements and publish false illegal advertisements.
Sun meijun said that in the process of remediation, local governments at all levels should implement the responsibility of local management, and the departments concerned should strengthen supervision and inspection, and make sure that the people's people are satisfied with the results.
We need to strengthen organizational leadership. Food security office and other 9 department under the state council shall set up the national leading group and its office renovation work, hope all referring to the mode of national level, establish leading group and its office renovation work, study and resolve major issues encountered in the treatment, ensure conformity overall propulsion, control, coordination linkage, cohesion is smooth.
Second, we need to strengthen accountability. Hope all the renovation work as a serious political task to grasp, to carry out the local charge, division of responsibilities among departments, the task to jobs and personal, work will advance to the grassroots. We should elaborate the plan of consolidation, every link and how each task will be implemented. In violation of the law and regulations, we need to make real, hard and hard work to ensure the sound of the crackdown, and ensure that the violation of laws and regulations is the whole thing, preventing the repetition of the rebound.
Third, we must strengthen supervision and evaluation. Around according to the schedule, hope to complete before the end of 2017 the region hidden perils in the risk of production operators and examination, to discover problems, to production and operation shall be ordered to stop until they reach the designated position, the work will be included in this year's food safety work review assessment; By the end of June, 2018, according to the complaint reporting and sampling inspection, the food safety office of the state council will organize supervision and inspection of key areas. Encouragement should be given to areas where the work is solid and effective. In areas where the work is ineffective, the problems are highlighted and the areas that are not resolved in the long term should be reported.
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Provisions relating to food, health food fraud and false propaganda in the criminal law and drug administration law
"Criminal law" the one hundred and fortieth regulation, producers and sellers in the product adulterate, true, shoddy, or by unqualified products as qualified products, is a production, sales and shoddy products criminal offence.
"Criminal law" the one hundred and forty-third regulation, production, sales do not meet the food safety standards of food, enough to cause serious food poisoning or other serious food-borne diseases, is a production, sales do not meet the safety standards of food crime.
"Criminal law" the one hundred and forty-fourth regulation, in production and sales of food mixed with toxic or harmful non-food raw materials, or selling deliberately laced with toxic or harmful non-food raw materials of food, is a production, sales of poisonous and harmful food crime.
Article 141 of the criminal law stipulates that the production and sale of counterfeit drugs is a criminal offence in the production and sale of counterfeit drugs. Article 48 of the drug administration law stipulates that counterfeit drugs shall be used as drugs for non-pharmaceutical products. Prevention and treatment of diseases is a special property of medicine. Registered without the approval of the state food and drug regulator for pharmaceutical products (without the approval number management of traditional Chinese medicine and Chinese medicine yinpian except), are not drugs, there is evidence to prove that, the production, the sale of these drugs is claiming to treat and prevent some diseases, making consumers think drugs and buy use, belong to fake drugs, belong to the production and sale of counterfeit drugs crime. According to article two hundred and twenty-two of the criminal law and the supreme people's court, the supreme people's procuratorate on the handle to endanger the safety of drug criminal cases to explain some issues of applicable law, radio stations, television stations, newspapers and audio-visual publications, Internet information service providers and other advertising agents and publishers, knowing that others engaged in the production and distribution of counterfeit drugs are drugs as drugs, and helping behavior such as providing advertising, in production, the sale of counterfeit drugs will be punished as a joint crime. In cases where there is evidence to prove that counterfeit drugs are produced and sold in the way that non-pharmaceuticals are passed off as drugs, they shall be handed over to the public security organs in a timely manner to deal with the crime. For those who have not yet constituted a crime, according to the food safety law, drug administration law and other relevant laws and regulations.
Article 149 of the criminal law prescribes the principle of law applicable to the production and sale of counterfeit goods. Production and sales of "criminal law" article one hundred and forty-one of the products stipulated in article one hundred and forty-eight, of each which does not constitute a crime, but the sales amount is in fifty thousand yuan of above, shall be punished in accordance with the provisions of article one hundred and forty of the conviction.
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