2016-07-18 16:00
The food and Drug Administration: mystery buyer sampling platform takeaway accident responsibility
[straight news network Beijing on July 18 hearing (Jinyang) 15, the reporter from the official website of the State Food and drug administration was informed that first to regulate food network transactions to ensure food security network "network of food safety violations investigated approach" (hereinafter referred to as "approach") was formally promulgated, the mystery buyer system is used in the sampling, in violation of the provisions of food trading network third party platform at 5000 yuan above 3 million or less fine. The approach will come into effect on October 1, 2016.
"Mysterious buyers" to buy
It is understood that the network of food safety as a new thing, is a regulatory problem in the world. Its supervision is faced with many problems, such as operating main body, wide area, high technology level, complex law, inadequate supervision ability, and the illegal behavior of network food safety violations.
In order to deal with the virtual nature of online shopping, the approach provides for the sampling of food network to take the mystery buyer system. Sampling personnel to customers to buy samples, record the name, category and quantity of the sample, and the payment account, registered account, receipt address, contact information and notes, etc..
Buy the samples arrived to buy things, to make the inspection, sample letters. Before this time node need to ensure a certain degree of "mystery", businesses in the delivery time do not know is to give regulators. Therefore, to ensure the authenticity and impartiality.
If the unqualified sampling the mystery buyer of food network, first of all the provisions of net food production operators shall take to stop production and operation, the sequestration substandard food and other measures, control food safety risks. At the same time, the method provides a network of food trading platform should be in accordance with the law to prohibit the sale of substandard food in accordance with the law third.
Food and beverage outlets should be public license
Approach to food production operators of the information publicity and third party platform audit obligations put forward.
On publicity and regulations, through the third party platform of transaction of the food producers and business operators in the business activities of the page prominently publicized the food production license shall, through self built website trading of food producers and business operators shall in its website home page prominently publicized its business license, food production license, the catering service providers should also the public at the same time the catering service food safety supervision and management of quantitative classification management information.
In the audit, food trading network platform for third-party providers should be on the network of the operators in the production and food production license, food additive production license of the enterprise production network and other materials are reviewed, truthfully record and update.
Maximum penalty of 3 yuan on the platform
Third party platform is not a network of food producers, whether it should be responsible for the safety of the network of food, if the third party platform due to its own behavior in violation of laws and regulations, should accept the punishment of law enforcement and regulatory authorities.
The promulgation of the measures in accordance with the provisions of the food safety law, the responsibility of the third party platform was refined. Regulations, food trading network platform for third-party providers not according to the requirements of the established system of food production operators to review the registration, food safety and other self or undisclosed above system, the at and above the county level local food and drug supervision and administration department shall order correction, given a warning; refuses to correct, a fine of 5000 yuan of above 30000 yuan of the following.
If the operation of the third party platform leads to damage to the interests of consumers, consumers can claim compensation from the food production operators. In compliance with the provisions of the law, the third party platform to bear joint and several liability.
The third party platform provider fails to perform obligations, resulting in serious consequences, by the food and drug supervision and administration department in accordance with the "food safety law" shall be ordered to make a platform for business and related to the case transferred to the Department in charge of communications.
What is "serious consequences"? According to the measures, its scope includes causing death or cause serious personal injury; more than a greater level of food safety accident occurs the; the occurrence of serious foodborne illness; violations of the legitimate rights and interests of consumers, resulting in serious adverse social impact of.
At or above the county food and drug regulatory jurisdiction
Measures to clear the jurisdiction of the illegal acts. Consumers as a result of the network of food safety law issues of complaints of, the third-party trading platform food network provider is located, network food producers and business operators is located or the production and operation places where at or above the county level in the local food and drug supervision and Administration Department of processing.
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