Views: 0 Author: Site Editor Publish Time: 2023-02-20 Origin: Site
People regard food as the first priority, and food safety is the first priority. When talking about laws and regulations related to import and export food safety, everyone must first think of the famous 'Food Safety Law' and 'Food Safety Law Implementation Regulations', or 'Import and Export Commodity Inspection Law' and 'Regulations for the Implementation of the Import and Export Commodity Inspection Law'.In fact, in addition to these 'mainstream' regulations, there are still many regulations related to import and export food safety that are sporadically scattered among many laws and regulations.Today, the editor sorted out some of them, hoping to help you avoid lying down.
1. Summary of Statutes
Entry and Exit Animal and Plant Quarantine Law
Article 10: To import animals, animal products, plant seeds, seedlings and other reproductive materials, an application must be made in advance and quarantine inspection and approval procedures must be completed.
Article 39: Anyone who violates the provisions of this law and commits any of the following acts shall be fined by the port animal and plant quarantine office: (1) Failure to apply for inspection or to go through the quarantine approval procedures according to law.
Regulations on the Implementation of the Entry and Exit Animal and Plant Quarantine Law
Article 9: The State Bureau of Animal and Plant Quarantine or the port animal and plant quarantine office authorized by it shall be responsible for the quarantine approval of imported animals, animal products, and items prohibited from entry listed in Paragraph 1 of Article 5 of the Law on the Quarantine of Entry and Exit Animals and Plants.The quarantine examination and approval of imported plant seeds, seedlings and other propagating materials shall be carried out by the authorities specified in the Plant Quarantine Regulations.
Article 59: For any of the following illegal acts, the port animal and plant quarantine office shall impose a fine of not more than 5,000 yuan: (1) Failure to apply for inspection or go through the quarantine approval procedures according to law or fail to implement the quarantine approval regulations... …
2. Key points analysis
Some imported foods with quarantine risks need to apply for a quarantine approval permit for imported animals and plants in accordance with the 'Administrative Measures for the Quarantine and Approval of Imported Animals and Plants' of the General Administration of Customs, such as raw meat, farmed aquatic products, pasteurized milk, etc.Relevant enterprises must check in advance whether the imported food needs to go through quarantine approval before signing the contract, check in advance whether the country of origin of the product has obtained access to my country in my country, and whether the foreign food production enterprise has been registered in China, so as to avoid unnecessary loss.
3. Case study
case:A food company signed a trade contract with a foreign supplier, planning to import frozen meat.When going through the customs declaration procedures, it was found that the inspection and approval procedures for the entry animal and plant quarantine were not handled, and the corresponding permits were not obtained.
analyze:The behavior of the enterprise violated the above-mentioned provisions of the law. According to Article 39 of the 'Entry and Exit Animal and Plant Quarantine Law' and Article 59 and Article 62 of the 'Regulations for the Implementation of the Entry and Exit Animal and Plant Quarantine Law', Should bear the corresponding legal responsibility.
1. Summary of Statutes
Intellectual Property Customs Protection Regulations
Article 3: The state prohibits the import and export of goods that infringe intellectual property rights.
Article 5: The consignee of imported goods or its agent, and the consignor of exported goods or its agent shall, in accordance with national regulations, truthfully declare to the customs the status of intellectual property rights related to import and export goods, and submit relevant supporting documents.
Regulations on the Protection of Olympic Symbols
Article 14: If the import and export goods are suspected of infringing the exclusive rights of the Olympic symbols, the customs shall investigate and deal with them with reference to the authority and procedures stipulated in the 'Customs Law of the People's Republic of China' and the 'Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights'.
2. Key points analysis
Imported and exported food, if trademarks and exclusive rights are used, must comply with the intellectual property requirements protected by Chinese laws and administrative regulations.Special attention should be paid to imported and exported food with signs not to infringe intellectual property rights.
3. Case study
case:Before the opening of the Olympic Games, a food company declared to import a batch of special snacks, and the Olympic logo was specially printed on the food packaging.After customs inspection, the enterprise did not obtain the corresponding exclusive right to the Olympic logo.
analyze:The behavior of the enterprise violated the provisions of the above-mentioned laws and regulations. According to the provisions of Article 27 of the 'Regulations on the Customs Protection of Intellectual Property Rights', the customs will confiscate the goods suspected of infringing rights that are detained according to law and determined to infringe upon intellectual property rights after investigation by the customs. .According to Article 29 of the 'Regulations on the Customs Protection of Intellectual Property Rights', if a crime is constituted, the enterprise shall bear the corresponding criminal responsibility.
1. Summary of Statutes
Agricultural Product Quality and Safety Law
Article 42: Imported agricultural products must be inspected in accordance with the agricultural product quality and safety standards stipulated by the state; if the relevant agricultural product quality and safety standards have not been formulated, they should be formulated in accordance with the law, and before they are formulated, they can be inspected with reference to the relevant foreign standards designated by the relevant state departments. test.
Food Safety Law
Paragraph 2 of Article 2: The quality and safety management of primary agricultural products for consumption (hereinafter referred to as edible agricultural products) shall comply with the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products.However, the market sales of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information, and the provisions of this law on agricultural inputs shall abide by the provisions of this law.
2. Key points analysis
Imported edible agricultural products have dual status.Before the importer imports primary agricultural products for consumption, that is, edible agricultural products, such as melons and fruits, vegetables, rice, etc., while reviewing the 'Food Safety Law' and its stipulated quality and safety standards, and publishing relevant safety information , don't forget to look up the 'Agricultural Product Quality and Safety Law' and the agricultural product quality and safety standards stipulated in it.
1. Summary of Statutes
Regulations on the Safety Management of Agricultural Genetically Modified Organisms
Article 37: Imports of agricultural genetically modified organisms without an agricultural genetically modified organism safety certificate and related approval documents issued by the agricultural administrative department of the State Council, or if they are inconsistent with the certificate and approval documents, shall be returned or destroyed.Imported agricultural genetically modified organisms that are not marked in accordance with regulations may enter the country after re-labeling.
2. Key points analysis
Food imports involving agricultural GMOs require prior approval.If an overseas company exports agricultural genetically modified organisms to the People's Republic of China for processing raw materials, or imports agricultural genetically modified organisms from outside the People's Republic of China, or exports agricultural genetically modified organisms to the People's Republic of China, it shall submit an application in accordance with the regulations.
1. Summary of Statutes
Consumer Protection Law
Article 40: Consumers may claim compensation from the seller if their legitimate rights and interests are damaged when purchasing or using commodities.After the seller has made compensation, if it is the responsibility of the producer or the responsibility of other sellers who provided the commodities to the seller, the seller has the right to claim compensation from the producer or other sellers.
Consumers or other victims who suffer personal or property damage due to product defects may demand compensation from the seller or the producer.If it is the responsibility of the producer, the seller has the right to recover from the producer after compensation.If it is the responsibility of the seller, the producer has the right to recover from the seller after compensation.
Article 43: Consumers who purchase commodities or receive services at trade fairs or rental counters, and their legitimate rights and interests are damaged, may demand compensation from the seller or service provider.After the end of the trade fair or the expiration of the lease of the counter, compensation can also be claimed from the organizer of the trade fair and the lessor of the counter.The organizer of the fair and the lessor of the counter have the right to seek compensation from the seller or service provider after compensation.
2. Key points analysis
Purchasing imported food for daily consumption is of course protected by the Law on the Protection of Consumer Rights and Interests.In addition, according to Article 4 of the Provisions of the Supreme People's Court Concerning Several Issues Concerning the Application of Law in the Trial of Food and Drug Dispute Cases, the food gifts provided by food sellers to consumers have quality and safety problems, causing damage to consumers. The people's court shall not support the defense of the consumer on the grounds that the consumer did not pay the consideration for the gift.Therefore, whether it is a genuine product or a gift with quality problems, the seller must bear the responsibility.
3. Case study
case:A food industry association holds an import and export food fair.A Food Co., Ltd. sells food imported by B Food Co., Ltd. at a fair.On the last day of the exhibition, Ma bought imported spicy sticks from the booth of A Food Co., Ltd. and received a bottle of imported herbal tea as a gift.Ma XX caused severe diarrhea after drinking it the next day.
analyze:According to Article 4 of the Provisions of the Supreme People's Court Concerning Several Issues Concerning the Application of Law in the Trial of Food and Drug Dispute Cases, the seller shall bear the responsibility for any quality problem whether it is a genuine product or a gift.Ma Moumou has the right to defend the quality of imported herbal tea.Because the imported herbal tea was bought as a gift at the trade fair, Ma Moumou can request A Food Co., Ltd. and A Food Industry Association to bear the liability for compensation according to Article 43 of the 'Consumer Rights Protection Law', or according to the 'Consumer Protection Law'. Article 40 of the Law on the Protection of Consumer Rights and Interests stipulates that A Food Co., Ltd. and B Food Co., Ltd. should be compensated.
