The ones that dispel enterprise's standard of the food security and is put on record are puzzled

The ones that dispel enterprise's standard of the food security and is put on record are puzzled
Dong ShiLin
Since " food safety law " is implemented formally, this law and auxiliary law and rule, requirement that enterprise's standard is put on record clearly for the food security. At present, the putting on record the work of all parts has already been launched in succession. Enterprise's standard is a part of the food security system, the job to that sanitary control is brand-new because of putting on record, the legal liability that the enforcer is being put on record asserts the respect has presented different understanding.
After the regulation that " food safety law " and auxiliary law rule are put on record to enterprise's standard of the food security, the put on record the work and launch in successioning of all parts. Because it is brand-new to sanitary control that enterprise's standard of the food security is put on record the work, hygiene law enforcement agencies, especially enforcers of all parts, the understanding that the legal liability which is put on record the work is asserted differently.
First, think enterprises bear complete responsibility in carrying out enterprise's standard, are gone to the superintendent office of the hygiene to put on record, just a kind of form told, Competent Authority does not have any legal liability.
Second, think Competent Authority is responsible for the examination of enterprise's standard, should bear the responsibility of food security producing therefrom.
The enforcer realizes the difference on, will cause different management styles. So, the law enforcement agency or personnel that holds first kind of view, the state that the management of the work is in relaxing to putting on record, and have management style of the second kind of understanding, nearly all follow the management mode of the administrative licensing. No matter and how about manage to put on record the intersection of job and tube on earth, become the hot issue that the hygiene supervises work at present.
Being put on record is for strengthening administrative supervision
Have something to do and is " put on record " Concrete to define so far to see by judicial explanation. The interpretation of " big dictionary of Chinese " is " Report cause to competent authority and register with the proper authorities in order to ascertain " . By the look of this explanation, it is one that put on record to tell the behavior. According to " the regulation rule was put on record the regulations " implemented in January of 2002, " in order to safeguard the unity of the socialist legal system, strengthen the supervision on the regulation, rule, according to the relevant regulations of the legislative law, make this regulation " Understanding whether be put on record behavioring of administrative supervision behind a thing.
By the look of legislative original meaning of " food safety law ", it is a supervision behavior afterwards that this law has been put on record. Because, first, " enterprise's standard should be submitted to provincial health authority for record " in this France regulation Needn't to be. Second, not stipulated the standard invalid standard of enterprise not put on record clearly. Third, no matter itself or auxiliary law of the law, no punishment clause about enterprise's standard.
I think, the legislative thought about putting on record of " food safety law ", lie in it is legal that enterprise's standard of the food security is put on record, it is a administrative supervision behavior after a kind of thing. Through enterprise standard that is put on record being a part of the food safety standard system, accord with the laws and regulations, norm, its technical indicator accords with national relevant food security regulations. The products which this enterprise produced according to the standard, accord with country's present food security policy and regulation.
Understand the function put on record correctly
Whether enterprise's standard is put on record or not, it is the independent behaviors of enterprises. This too says, enterprise's food safety standard needn't be put on record, can control the standard to use as the technology inside enterprises. But the enterprise standard not put on record, if carry out the national standard in the course of producing and managing, no trouble. There is not standard food to produce the country, will present a lot of questions. Such as definition, judging, confirmation standard, administrative law enforcement basis qualified of food variety,etc., not all what manufacturing enterprises can control. So, it has realistic meanings that enterprise's food safety standard is put on record.
It is the establishment of the legal status at first. According to the stipulations of " food safety law ", enterprise's standard, through being put on record, become a part of the food safety standard system. This standard is a legal standard, have relative engagement, it is one of the bases about administrative law enforcement of supervision department, also the technical specification that standard formulation enterprises must accord with.
Secondly it is the legitimacy that can be confirmed. The standard through being put on record, mean through the legitimate examination of the national relevant department and is approved. Because the standard is put on record in the relevant department, the policy change appears in the course while making the standard not accord with the national regulation, the relevant department will tell enterprises, will prevent the illegal activities from appearing in time.
The third is the approval of the fairness. Being put on record the standard can be regarded as the arbitration basis of the product quality dispute. Have legal effect through the enterprise products standard that are put on record, have strengthened fairness, raise the credibility, use it as and arbitrate and examine the basis, win approval of the contradictory side easily.
Competent Authority should undertake to examine responsibility
Because our country does not have laws and regulations of the filing system, the important document about putting on record, examining the requirement, legal relation, especially for Competent Authority, being put on record will produce corresponding legal liability, who investigates etc. that there is not legislative authority. It is understandable that the difference exists in all parts.
" enterprise's standard of the food security is put on record the method " the responsible host involved is enterprises and the administrative organ put on record. Though has stipulated enterprises in the method " Bear all legal liability " ,But does not mean avoiding the administrative responsibility of the administrative organ. I think, the administrative organ should bear the responsibility for standard legitimate examination.
The Ministry of Health is the laws and regulations of food security and standardizes the department of standard making, management, know, understand the national regulation about food security at first, in an all-round most way, have certain technical support strength, can be competent at the task of standard legitimate examination. The legitimate examination is a main purpose to put on record work, though there is no regulation of the filing system, but caused by putting on record legitimacy, administrative department should investigate into administrative responsibility of non-performance.
The relevant method still needs to be complete
" enterprise's standard of the food security is put on record the method " has already received certain dispute after issuing. I thought, " hard wound " of " method " Lie in not understanding the legislative aim put on record, has not understood the enterprise standard put on record is a part of the food safety standard system. Improve the deficiency of " method ", will still need to supplement.
First, strengthen the control request developed to enterprise's standard. The reseach of enterprise's standard is course of a scientific research, it is not the general cutting and piecing together. National requirement for enterprise's standard, form its and develop course, want, accord with country in 5 standards that stipulate under " the the intersection of enterprise and standard system ". As to this, there should be clear regulation in this method.
Second, strengthen the legitimate examination. The requirement for putting on record in the department is only limited to in " method " " To that the material is complete,etc. are checked " ,To how accept and how examine and how punish examine, have concrete regulation yet. I think, should increase the legitimate examination to standard, the focal point that checks is the legitimacy of the food security. If some place is the high nickel area, nickel content of products produced may be higher than the other areas. The materials think, high nickel food is probably disadvantageous to health, the standard with a limit on quantity about consulting as nickel in standards, need to increase nickel and controlling the index in its standard of enterprise? The answer is denied. But if high the intersection of lead and district, can increase the lead and control the index. These only make the clear regulation, the easy assurance of practical operation in the method.
Third, strengthen the announcement. The enterprise standard that the announcement is put on record is that article 26 of " food safety law " stipulate, though without clear announcement enterprise's standard, enterprise's standard is a part of the food security system, health authorities are obligated to announce to the society, and should announce the standard text but not merely enterprise's standard number of the announcement.
Fourth, increase and tell the item. While causing enterprise's standard illegal after relevant regulations are revised or the new regulation is issued, put on record in the department should tell that is put on record in enterprises and revised and be put on record the standard again in time.
Fifth, put on record clearly it is a administrative supervision behavior afterwards. Purpose that does not put on record clearly, who before who does it put on record for date and inplementation date all parts when being put on record may present and then situation inconsistent under method. I think, the clause that X should be put on record in a few days can solve this problem after increasing about the fact that enterprise's standard is implemented.
(Author's unit: Health Inspection Institute of department of public health of Anhui Province)
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