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1、The Chinese food hygiene regulations and standards in contrast to international relevant codes.The Chinese food hygiene regulations and standards in contrast to international relevant codes I. Brief introduction of Chinese Food hygiene law systemII .The contrast between Chinese food law and relevant

2、 international lawIII. The Survey of Chinese food hygiene normIV.The contrast between Chinese food hygiene norm and international standards.I. Brief introduction of Chinese Food hygiene law systemMain Models of Food LawFood Law:For example, some European countriesFood,Drug and Cosmetic Act: For exam

3、ple, U.S.AFood Hygiene (Sanitary) Law:For example, Japan and China.Food Hygiene Law of PRCChinese Food Hygiene Law (On trial): Passed in the 25th conference of the 5th standing committee of the national peoples congress in Nov. 19th, 1982. Chinese Food Hygiene Law : Passed in the 16th conference of

4、the 8th national congress in Oct.30, 1995, and announced as No.59 Chairman Order, and implemented since the date of announcement. .Framework of CFHL57 entries of 9 chaptersChapter One General ProvisionsChapter Two Food HygieneChapter Three The Hygiene of Food AdditiveChapter Four The Hygiene of food

5、 container, package material, and tools and equipment of food.Chapter Five The formulation of food hygiene standards and management Chapter Six The management of food hygieneChapter Seven The supervision of food hygieneChapter Eight Legal responsibilityChapter Nine Amendments.CFHLMain legal prescrip

6、tions (1)Legal purpose: to prevent the food pollution and guarantee human health Ensure the supervision system of national food hygiene: the central and regional health executive departments shoulder the responsibility of supervisionSuitable range: food, food additive, food container, package materi

7、al, tools, equipment, detergent, disinfectant of food, production and operation place, facilities, and relevant environment of foodBasic hygiene requirement for food, food additive, food container, package material, tools, equipment, detergent, disinfectant of food.CFHLMain legal prescriptions (2)Ex

8、plicit the hygiene requirements of food production and operation: procedure, place, and personnelExplicit the products which are forbidden to produce and sellThe relevant hygiene evaluation and safety evaluation system Ensure the products which approval is a must before going to market: health prote

9、ction food, new resource food, new varieties of additive, new varieties of food container, package material, tool made from new materialTo authorize the health executive departments of the State Council to formulate health standards, management and inspection rules.CFHLMain legal prescriptions (3)To

10、 raise basic requirements for food package and description The approval rules of production and operation, and inspection rulesThe rules and requirements of import&export supervision and inspectionTo establish the food supervision, examination and inspection rules The investigation, treatment, and r

11、eport rules of poisoning and pollution incidentLegal responsibility and others.Food Hygiene RegulationFood hygiene supervision and executive punishment Food and food resourceFood manufacture and saleFood container, package material, tools and equipment Food hygiene examinationFood Hygiene normCompul

12、siveness RecommendationFood Hygiene LawFood hygiene regulation system in China.Examples of regulations for foods and raw materialsFood additive hygiene management measuresNew resource food hygiene management measuresTrans-gene Food hygiene management measuresHealth protection food management measure

13、sThe management measures of forbidding food with medicine additiveThe management measures of irradiation food hygieneThe management measures of milk and milk products The management measures of egg and egg productsThe management measures of aquatic products hygieneThe management measures of condimen

14、t hygieneThe management measures of sugar hygieneThe management measures of alcohol hygieneThe management measures of grain hygieneThe management measures of edible vegetable oil hygieneThe management measures of tea hygieneThe management measures of edible mushroom hygieneThe management measures of

15、 the sale of breast milk substituteThe management measures of meat and meat products hygiene.Regulations on food processing and handlingThe management measures of sterilization The management measures of the hygiene of food industryThe management measures of the hygiene of street foodThe supervision

16、 measures of students food hygieneThe management measures of preventive health examinationThe training measures of the hygiene knowledge of food producers and sellers.Regulations on containers,etc.The hygiene management measures of plastic products and resource for foodThe hygiene management measure

17、s of food package paperThe hygiene management measures of rubber products for foodThe hygiene management measures of aluminum eating utensils and containers The hygiene management measures of porcelain eating utensils and containersThe hygiene management measures of the inside paint of the food cont

18、ainersThe hygiene management measures of the inside paint of food containersThe hygiene management measures of the inside paint of food cans.Regulations on inspections and administrative panaltiesHygiene executive punishment procedure Food hygiene supervision procedureFood hygiene executive punishme

19、nt measuresTreatment measures of the accident of food intoxication The management measures of hygiene supervisorThe principles of food hygiene supervisorThe management measures of hygiene supervision auditionThe management measures of food advertisement.Regulations on laboratory and testingThe hygie

20、ne management measures of food hygiene inspection unitDetails of management implementation of medical animal the structure rules of health relevant products of the Ministry of HealthThe authentication and management measures of health relevant products of the Ministry of Health The organization auth

21、entication and management norm of health relevant products The authentication and management measures of health food function inspection organization.Comparison of CFHL with relevant foreign lawsViews of international food safety legislation improvement FAO/WHO Model Food LawOther national food legi

22、slation.General views to improve food safety legislationEmphasize law based on science: the application of dangerous nature analysis theory Emphasize the overall procedure of management from farm to tableEmphasize the responsibility of food producers and sellers to guarantee the food safety: enterpr

23、ises launches HACCP, reinforce self-management measures, for example, voluntary products recall The government reduce the over-detailed deregulationEmphasize coordination.FAO/WHOModel Food LawFAO/WHO jointly organize and formulateRevised after the discussion of countries in Africa and AsiaThe refere

24、nce for various countries to formulate food lawModel Law also emphasize that the function division between the supervision department and central and regional government should be based on the specific situation of our country .FAO/WHOModel Food LawI Brief Rule 1. The legal abbreviation and preface2

25、. Explanation of phraseology II General Rule3. Selling poisonous and adulterate food is forbidden4. fraud5.The norm of food6. The selling of unqualified food is forbidden7. To sell and manufacture food in the unhealthy condition.FAO/WHOModel Food LawIII Importation and guarantee 8. Importation9.Guar

26、antee10.ArgumentationIV relevant regulations of food norm, safety and other issues11. RegulationsV management and law fulfillment12. Food standards commission13.To authorize officials 14.The official laboratory authorized the entitlement and responsibility to officials.FAO/WHOModel Food Law15. Other

27、 authorized officials 16. The right of Minister to acquire the reliable food ingredients VI Legal Procedure17. The law court has the right to order to withdraw the certificate and to treat the properties 18. Litigation 19.Punishment20.Analysis and inference certificate 21. Other legal assistancePass

28、 date: .Comparison: similar legal prescriptionsThe legislation purpose is basically consistent The definition of food is consistent: end products and resourcesRules including additive, pollutant, container, package, utensil, equipment hygieneSafety evaluation principles are includedRules including t

29、he production procedure control and finished productsSupervision system, controlling system and legal responsibility are prescribedConclusion: Chinese food hygiene law is basically a modern food law.Comparison: differencesCFHL does not include the norms to plantation and cultivation industry CFHL ha

30、s the control to adulteration limited to that has the effects to nutrition and hygiene CFHL prescribes that law enforcement department has the right to adopt executive controlling measures, as well as that it is entitle to carry out various executive punishment; The foreign law always authorize the

31、law enforce department the executive controlling right, the right of punishment is ascribed to the law court.The rules of different countries to health food varies: China, Japan, Korea, U.S.A.三、中国食品卫生规范概略 A briefing to food hygiene standards in China CFHL规定CFHL Rule 14: The national hygiene standard

32、s, hygiene management measures and inspection rules of food, food additive, food containers, package material, food utensil, equipment, detergent and disinfectant to leaning food and food utensils, and pollutant in food, the permissive quantity of radioactive substance should be formulated and appro

33、ved by the health executive department of the State Council. CFHL Rule 15: For food without national health standard, the provincial government should formulate regional standards, and then report to the executive department of Ministry of Health and the State Council to put on file.CFHL Rule 16: If

34、 there is hygienic index, the safety evaluation of agricultural fertilizer in food additive standards, it should be approved by the Ministry of Health. The inspection procedure of animal slaughter should be formulated by relevant executive departments and the Ministry of Health.CFHL Rule 21: label;

35、CFHL Rule 22: Health protection food.Categories of food hygiene standards1 The hygiene standards of products(Including food resource and end products):According to the categories of food hygiene, there are 21 categories of food hygiene standards.Including: (1) Grain and its products;(2) Edible greas

36、e.(21)health protection food2 The hygiene standards of food additive3 The hygiene standards of nutrition fortified extract4 Food container and package material5 The hygiene standards of maximum remains of pesticide in food 6 The hygiene standards of the limit of bacterial mould in food 7 The hygiene

37、 standards of the limit of environmental pollutant in food 8 The standards of the limit of hormone and antibiotic in food9 The production health norm of the food enterprise .Categories of food hygiene standards10 The standards of food label11 The hygiene standards of radiant food12 The inspection me

38、asures of food hygiene(1)The microorganism inspection measures for food hygiene(2)The physical inspection measures of food hygiene(3)The procedure and measures of the evaluation food hygiene(4)The nutrition inspection measures of food hygiene13 The diagnose standards of food intoxicated 14 others, i

39、ncluding the hygiene standards of eating utensil cleaning, detergent and disinfectant.Hygiene standards of Various food (475) Food and the hygiene standards of food resource(112)The hygiene standards of food additive(1)The hygiene standards of food nutrition fortifier (1)Food pollutant(21)Pesticide

40、remains (34)Package material(39)21The hygiene norm of food production enterprises(21)19The diagnose standards of food intoxicated(227)The inspection measure of food hygiene(227) 431 varieties of food additive and 1040 varieties of spices approved by the Ministry of Health.Content of food hygiene sta

41、ndards1 The relevant technology requirement (1)The index seriously jeopardizing health: lead, lethal bacteria, intoxication. (2)The indirect index which reflects a certain dangers to health: colony of bacteria, colon bacillus. (3)The index reflecting the deterioration of food hygiene situation or th

42、e effects to the deterioration of hygiene situation, for example, acid value, volatility salt nitrogen, water, and salt.2 The quality index of food nutrition (1)The variety and value of nutrition (2)The content and matching ratio of nutrition3 The function index of health protection The food element

43、 and content of the special biological function.Procedures to formulate food hygiene standards 1To raise the advise of standards formulation(any unit and person)2 list in the schedule3 The research team(coordination team)make the draft4 standard draft5 The label committee(food hygiene, additive) to

44、review6 To consult many areas (Central and regional government, enterprises circle, associations, NGOs, Internet)7 Review, approval and announcement .Factors considered in formulating standardsTo considerate the feasibility of standards on the basis of the research result of investigationCurrent dan

45、ger evaluation result or new danger evaluationRefer to the international food law codes and relevant standards of other countriesQuote and refer the industrial standards to formulate the national standards.Comparison of Chinese standards with CodexCodex Standard by CACThe difference between the food

46、 health standards of our country and CAC The evaluation and revision of food hygiene standards of our country.CodexCodex refers to the food standards, criterion and suggestion formulated by CAC(Codex Alimentarius Commission, 即CAC)In 1962, it was decided to establish, and to be responsible for the jo

47、int food standards schedule of FAO/WHOThe nature of CAC:Inter-government organization with 167 member countriesObserver: related to international organization and food industry, trade, science and consumer organization delegatesObjective: to protect the health of consumers; to ensure fair food trade

48、; and to coordinate to formulate international food codes.Codex Secretariat.Committees of CACCommittee of ordinary principle France Committee of Food label CanadaCommittee of analysis and sampling Hungary Committee of food hygiene U.S.ACommittee of Pesticide remains HollandCommittee of food additive

49、 and pollutant HollandCommittee of import&export examination and certificate issue system AustraliaCommittee of nutrition and special food German Committee of animal remains in food U.S.A.Commodity committee and special team Committee of oil BritainCommittee of fish and fish products Norwaycommittee

50、 of milk and milk products New ZealandCommittee of fresh fruits and vegetable Mexico Committee of Coco products and chocolate SwissCommittee of manufactured fruits and vegetable U.S.ACommittee of meat hygiene New ZealandCommittee of sugar BritainCommittee of grain and bean U.S.ACommittee of plant pr

51、otein CanadaCommittee of natural mineral waterSpecial team of fruit juice Brazil Special team of animal breeding DenmarkSpecial team of biological technology food.Regional coordinate committee(6) Coordinate committee of Africa Coordinate committee of AsiaCoordinate committee of EuropeCoordinate comm

52、ittee of Latin America and Caribbean regionCoordinate committee of Near EastCoordinate committee of North America and Southwest Pacific Ocean. The Codex Step Procedure1.The general assembly of the committee approves new codex formulation2.Draft the first paper of the Codex3.Forward related governmen

53、t suggestion4.Sub-committee of CAC review the draft and government feedback5.The general assembly of committee to adopt the advised draft6.Re-forward to government to seek for suggestion7. Sub-committee of CAC review the draft and government feedback again8.Approve and announce the Codex standardsAc

54、celerated Procedure5/8 steps(Step 6 and 7 omitted, approval of 2/3 of members needed). CAC(Food Standards)(Codes of Practice)(MRLs)Guidance Level)PrinciplesGuidelinesRecommendationsSpecifications by JECFA.CAC To protect the health of consumersTo accelerate the fair international food tradeOn the bas

55、is of scientific danger evaluation(nature-oriented and quantity oriented)Consider other reasonable factors: economics, different regions and countries.The change tendency of CAC in current yearsMore attention paid to horizontal Codex standards:suitable to various foodTry to control the standard quan

56、tity of food products:those concerned with horizontal standards can be cited directlyMore stress to the scientific principles of danger evaluation More stress to all parties participated: consumers, NGOsMore argument related to some principles: Precautionary principle, Traceability, Other legitimate

57、 factors, application of ALARA.The difference and similarity between food hygiene standards and Codex(1)The principle of standards formulation is almost the same Part of the standards requires coordinationThe classification of food differs, so it is impossible to match one by oneSome of the food qua

58、lity standards do not cite the hygiene standards, so the problem of organization formulate the mechanismThere are too much quality standards, attention to the horizontal health safety requirement is inadequateDanger evaluation should be strengthened continuously in eh formulation of standards. The d

59、ifference and similarity between food hygiene standards and Codex(2)Standard name and classification differs, some are hygiene actuallyDue to the national situation of China, some index should be applied continuously, for example, the overall quantity of bacteria and colon bacillus The degree of loo

60、se and tight: compared with Codex, the degree of loose, tight, equal are all possible.Review and amendments of the Chinese standards Background: import and export increase; entry to the WTO; requirements from all sectors nationwideTo organize specialists to review from Jan.3rd to May.30th To carry o

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