[new regulations] the world's first measures for investigating and punishing illegal acts of online food safety have been issued

Source: in recent years, with the rapid development of e-commerce, online food business has the characteristics of accurate information, fast transaction and trans regional transaction, which are different from food entity transaction At the same time, online food safety has gradually become a regulatory problem all over the world The online food supervision is faced with many problems, such as many business subjects, wide geographical scope, high technical level, complex laws, insufficient supervision ability, unclear procedures for investigating and punishing illegal acts of online food safety, etc In order to implement the food safety law, standardize the online food trading behavior and ensure the online food safety, on July 13, 2016, director Bi Jingquan of the State Food and Drug Administration signed order No 27 "measures for investigation and punishment of illegal acts of online food safety" (hereinafter referred to as the "measures"), which will come into effect on October 1, 2016 It is reported that this marks that China has two "firsts" in the supervision of online food transactions: first, it is the first country in the world to clarify the obligations and corresponding legal liabilities of the third-party platform for online food transactions in the food safety law Second, it is the first country to specially formulate such regulations as measures for investigation and punishment of illegal acts of online food safety Special management of health products and special medical products It was introduced that in the process of formulating the measures for investigating and punishing the illegal acts of online food, the measures, guided by problems, scientifically set legal obligations, clarify the jurisdiction responsibilities and investigation responsibilities of investigating and punishing the illegal acts of online food safety, strictly and scientifically set legal responsibilities for the illegal acts of food safety, and constantly improve the operability and pertinence of regulations The measures defines the obligations of the third-party platform providers of online food trading and the food producers and operators through self built websites to file, ensure the reliability and safety of online food trading data and data, and record and save trading information The third-party platform providers of online food transactions are required to establish registration and review systems, establish online food producers and operators' files, check their business activities, and stop providing platform services when serious violations are found   For the producers and operators of health food, formula food for special medical purposes and infant milk powder sold on the Internet, in addition to the relevant information such as the food production and operation license, the product registration certificate or filing certificate shall also be publicized in accordance with the law For those who hold the approval number of advertisement review, the approval number of advertisement review shall also be publicized and linked to the website of food and drug administration Data query page corresponding to the station Health food should also be marked "this product can not replace drugs." In the formula food for special medical purposes, the specific total nutrition formula food shall not be traded on the Internet   At the same time, the measures specifies that if the third-party platform provider of online food trading finds that the online food producers and operators have been put on file for investigation or public prosecution due to suspected food safety crimes, or have been sentenced to criminal punishment by the people's court due to food safety crimes, or have been detained by the public security organ or given other public security management penalties due to illegal food safety behaviors, the food and drug supervision and administration department shall Those who have been punished by the law, such as revoking their licenses or ordering them to stop production or business, shall stop providing online trading platform services   The measures also stipulates that the investigation and punishment of the illegal food safety behaviors of the third-party platform providers of online food trading shall be under the jurisdiction of the local food and drug supervision and administration department at or above the county level in the place where the platform providers are located; the investigation and punishment of the online food producers and operators shall be conducted by the local food and drug supervision and administration department at or above the county level in the place where the online food producers and operators are located Have jurisdiction over Food safety accidents or other serious harmful consequences caused by online food transactions may also be under the jurisdiction of the local food and drug administration at or above the county level in the place where the illegal act of online food safety occurs or the place where the illegal act results If a consumer complains and reports on the illegal issues of online food safety, the local food and drug supervision and administration departments at or above the county level, such as the location of the third-party platform provider of online food transaction, the location of the producers and operators of online food or the location of the production and operation sites, shall deal with the matter Mysterious buyer's quality sampling inspection: during the sampling inspection process of traditional entity's food producers and operators and food market, supervisors can complete a series of processes such as direct sampling and sample sealing face to face, so how to supervise the quality of online food? Chen Chen, deputy director of the legal department of the State Food and drug administration, said that in order to cope with the virtual nature of online shopping and the relative asymmetry of information, a "mystery buyer" system will be adopted for online food sampling "Design to purchase samples for online food through sampling personnel as customers, record the name, category and quantity of sampling samples, the sample personnel purchased, the payment account, registration account number, receiving address and contact information, and keep relevant bills In fact, as a customer, it is to restore the scene of simulated consumers' on-site purchase, which can more truly restore the safety situation of the food purchased by consumers, so as to better ensure the rights and interests of consumers " Chen Chen said Chen Chen said that in order to ensure fairness, there is an important time node for the design of sampling system in the measures, that is, after the purchase samples arrive at the buyer, they should be inspected and sealed Before this time node, a certain degree of "mystery" needs to be guaranteed When delivering goods, the merchant did not know that it was sent to the regulatory department, which played a role in ensuring the authenticity and fairness of the buyer and related personnel's mysterious purchase At the same time, in order to ensure the fairness of sampling to the buyer, it is also stipulated that the buyer should check the packaging of the online purchase samples, seal the backup samples separately, and take photos, videos and other means to record the process of unpacking The measures stipulates that: Food and drug regulatory authorities at or above the county level can conduct sampling inspection through online purchase of samples, and stipulate that the online food producers and operators shall be responsible for the results of sampling inspection When the inspection results show that the food is unqualified, the online food producers and operators shall take measures to stop production and operation, seal up the unqualified food and control the food safety risks If the inspection results do not meet the food safety standards, the food and drug administration shall promptly notify the sampled online food producers and operators of the inspection results When purchasing samples through the third-party platform of online food trading, the third-party platform provider of online food trading shall be informed of the inspection results at the same time Cui enxue, deputy director general of the second Department of food supervision of the State Food and drug administration, said: "it is necessary for enterprises, society, the public and the government to form a joint force Everyone has a common enthusiasm, and only by forming a joint force can we do a good job of supervision."