One of the characteristics of food safety regulation in China is the separation of agricultural food products (agro-food) from other kinds of food. To this end, a Law on Quality and Safety of Agricultural Products (LQSAP) was enacted to provide for official control at the stage of primary agro-food production. With the enactment and revision of the Food Safety Law, one change in the legislative arrangement is the extension of the scope of this new law to cover the marketing of agro-food and the use of agricultural inputs. However, safety regulation at the stage of primary production of agro-food is still subject to the Law on Quality and Safety of Agricultural Products. It is also important to note that thee LQSAP refers both to agro-food and to agricultural products for non-human consumption; and that it provides rules both for safety assurance and for quality promotion. In the context of intensified official control to ensure food safety and diverse consumer needs for food of higher quality, a revision of the Law on Quality and Safety of Agricultural Products has been initiated. This article describes the goals of this legislation, its institutional arrangements and the directions the revisions are taking in order to provide a better understanding of food safety regulation in China in general and agro-food regulation in particular.
SUN Juanjuan
. Review of the “Law of the People’s Republic of China on Quality and Safety of Agricultural Products”[J]. Journal of Resources and Ecology, 2018
, 9(1)
: 106
-113
.
DOI: 10.5814/j.issn.1674-764x.2018.01.012
[1] AQSIQ (the General Administration of Quality Supervision, Inspection and Quarantine of China). 2013. The "Measures for the Administration of Organic Product Certification", Order No.155 of the AQSIQ.
[2] EU (European Union). 2005.Council Regulation (EC) No 1698/2005 of 20 September 2005 on Support for Rural Development by the European Agricultural Fund for Rural Development, Official Journal, L 277/1, article 39.
[3] FAO. 1995. Legislation governing food control and quality certification, Rome.
[4] FAO/WHO. 1998. The application of risk communication to food standards and safety matters, Report of a Joint FAO/WHO expert consultation, Rome, February 2-6.
[5] Han Yonghong. 2010. On generalization and legal implication of the concept of food safety law. Journal of Central South University (Social Sciences), 3: 45-51 . (in Chinese)
[6] Jin Fazhong. 2015. Thought on quality and safety Issues based on objective characteristics of China’s agricultural products. Quality and Safety of Agro-Products, 3: 3-11. (in Chinese)
[7] Jin Fazhong. 2003. Several suggestions on legislation of quality and safety of agricultural products. Agricultural Quality and Standards, 6: 8-12. (in Chinese)
[8] Lorvellec Louis. 1988. Droit rural, Masson. (in French)
[9] MOA. 2012. The "Measures for the Administration of Green Food Logos", Order No. 6 of the Ministry of Agriculture of PRC. (in Chinese)
[10] MOA.2007. The "Measures for the Administration of Geographical Indications of Agricultural Products", Order No.11 of the MOA of PRC. (in Chinese)
[11] MOA. 2002. The "Administrative Measures for Pollution-free Agricultural Products", Order No.12 of the Ministry of Agriculture of PRC and the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) of PRC. (in Chinese)
[12] OECD. 2013 Policy instruments to support green growth in Agriculture, OECD Green Growth Studies, OECD Publishing.
[13] Peng Dongyu. 2006. Realization of the full process monitoring from ‘farmland to dining table’. The People’s Congress of China, May 10: 28. (in Chinese)
[14] Qi Jian’gang. 2014. Dual nature of food safety risk attribute and its implied meaning for the reform on the supervision legal system. Peking University Law Journal, 1: 49. (in Chinese)
[15] U.S. FDA.2015. the "Standards for the Growing, Harvesting, Packing and Holding of Produce for Human Consumption", finally released on November 27. For this, see https://www.federalregister.gov/articles/2015/ 11/27/2015-28159/standards-for-the-growing-harvesting-packing-and-holding-of-produce-for-human-consumption.
[16] Randal.E.2009. Food risk and politics, Manchester University Press.
[17] The State Council of China. 1992. The "Decision of the State Council on Developing High-Yield, High-Quality and High-Efficiency Agriculture”, [Guo Fa (1992) No.56].
[18] Sun Juanjuan.2016. The roadmap and institution to realize value addition to agriculture product: the interaction among the food security, food safety and food quality, Journal of South China Agricultural University , 1: 72-81. (in Chinese)
[19] Tang Zhengmang. 2009.Food Work of the People’s Republic of China over the Past 60 Years. Xiangtan University Press.
[20] Wang Hui.2015. Thought on improving the Chinese legal system for quality and safety of agricultural products. Modern SOE Research, 6: 153. (in Chinese)
[21] Wang Lirong. 2010. Analysis of Environmental Impact Caused by the Agricultural Subsidy Policy. Academic Journal of Shanxi Provincial Committee Party School of C.P.C , 1. (in Chinese)
[22] Xiong Deping and Ran Guanghe. 2002. Agricultural industrial structure adjustment: interpretation, definition and suggestions from the perspective of institutional economics". Fujian Tribune (Economy & Social Science) , 10: 33-34.
[23] Yuan Jie and Xu Jinghe. 2015. Paraphrase of the Food Safety Law of the People’s Republic of China, China Democracy and Law Press. (in Chinese)
[24] Zhong Kai, Han Fanfan, Guo Lixia et al .2013. Cognition characteristics and risk communication strategy of food safety risk. Chinese Journal of Food Hygiene , 6: 568-569. (in Chinese)
