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Building Food Safety Governance in China ISBN 978-92-79-85768-3 BUILDING FOOD SAFETY GOVERNANCE IN CHINA EDITED BY JÉRÔME LEPEINTRE AND JUANJUAN SUN A Project financed by the Partnership Instrument of the European Union Building Food Safety Governance in China Edited by Jérôme Lepeintre and Juanjuan Sun 2018 Project financed by the Partnership Instrument of the European Union This book was prepared with the financial assistance of the European Union. The views expressed herein are those of the authors and do not represent the official views of either the European Commission or the European Union Delegation to the People’s Republic of China. Manuscript completed in May 2018 Neither the European Commission nor any person acting on behalf of the Commission is responsible for the use that might be made of the following information. Luxembourg Publications Office of the European Union, 2018 © European Union, 2018 Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU (OJ L 330, 14.12.2011, p. 39). For any use or reproduction of photos or other material that is not under the EU copyright, permission must be sought directly from the copyright holders. Print version EW-01-18-490-EN-C ISBN 978-92-79-85765-2 doi10.2875/66125 PDF version EW-01-18-490-EN-N ISBN 978-92-79-85768-3 doi10.2875/259497 “Compiled by a number of international experts, this book provides a comprehensive picture of the food safety system in China. It will be of great use to those who want to understand better the Chinese regulatory environment in the field”. – Vytenis Andriukaitis, European Commissioner for Health and Food Safety. “I have been truly impressed by the increasing effective engagement and participation of China in the work of the FAO/WHO Codex Alimentarius Commission, which is the internationally recognised food safety and quality standards-setting organisation. China is a very complex and unique country whose intricacies are difficult to understand for those who are not well versed in its system. This comprehensive book not only gives readers an in-depth presentation of the provisions of the Chinese food safety legislative framework but it also presents the keys to understanding its rationale and objectives. I highly recommend this book to all those involved in the food regulatory field”. – Awilo Ochieng Pernet, Senior Food Safety Expert (Switzerland), Vice-Chairperson and Chairperson of the FAO/WHO Codex Alimentarius Commission from 2011 to 2017. “The right to the safety of food is a fundamental human right, a right of human dignity, and an essential value shared by all humankind. Safeguarding the right to food safety and promoting food safety governance is, therefore, a common challenge and mission of every country across the globe. Based on this shared consensus, food safety has already become an international topic. For this reason, China’s efforts are not only oriented to safeguarding the right to food safety for both national and international citizens; China is also strongly devoted to continuous exchange and cooperation with other countries and regions in the field of food safety. We have to draw from the experiences in food safety governance of the European Union and its Member States, shape food justice, and create shared food safety cooperation mechanisms. At the same time, China’s own experiences in food safety governance will also enrich other countries’ food safety culture and systems. I believe that this book provides an excellent opportunity to understand China’s experiences and peculiarites”. – Han Dayuan, Professor, Law School of Renmin University of China; Executive Director, Renmin University of China’s Center for Coordination and Innovation of Food Safety Governance. “This book contains a comprehensive review and analysis of the current Chinese food safety regulatory framework. China is a country of paradoxes, relying on its age-old history on one hand, and able to quickly implement considerable changes on the other hand. I contributed to training courses on food safety organised in the context of the Shanghai 2010 Expo and could already feel there the resolute determination to progress of the Chinese authorities. I strongly recommend this book to anyone interested in food safety in China”. – Eric Poudelet, former Director responsible for Food Safety in the European Commission Directorate General for Health & Consumers. Contents List of abbreviations ....................................................................................................... iii Contributors ................................................................................................................... iv Acknowledgements ........................................................................................................ vi Foreword ....................................................................................................................... vii 1. Chapter One – Introduction .......................................................................................... 1 1.1. Food safety and rights ..................................................................................................... 1 1.2. Laws and food safety ....................................................................................................... 4 1.3. China’s concerns and progress ........................................................................................ 7 1.4. Structure of the book and acknowledgements ............................................................. 10 2. Chapter Two – Law: transformation of ideas and innovation of the legislative framework .................................................................................................................... 13 2.1. Analysis of the ideas of food safety governance .......................................................... 13 2.2. Progress for building the food safety legislative system .............................................. 18 2.3. Adhering to governance by rule of law ......................................................................... 30 2.4. Conclusions .................................................................................................................... 31 3. Chapter Three – Standards: system building and institutional arrangements .............. 32 3.1. Roles and classification of standards in the food industry ........................................... 32 3.2. Formulation and revision of national food safety standards ........................................ 34 3.3. National food safety standards: content and implementation .................................... 37 3.4. International coordination of Chinese food standards ................................................. 44 3.5. Conclusions .................................................................................................................... 45 4. Chapter Four – Regulation: institutional arrangements and organisational evolution .. 47 4.1. Food hygiene management prior to the economic reforms (1949 – 1978) ................. 47 4.2. Mixed and transitional system (1979 – 2001)............................................................... 49 4.3. Comprehensive external supervision system (1994 – 2002) ........................................ 52 4.4. Scientific regulation system (2003 – 2011) ................................................................... 57 4.5. Modernisation of governance: China’s food safety in the new era (2012 – present) .. 65 4.6. Conclusions .................................................................................................................... 73 5. Chapter Five – Examples of food safety regulatory systems ........................................ 75 5.1. License examination ...................................................................................................... 75 5.2. Risk ranking ................................................................................................................... 82 5.3. Sampling testing ............................................................................................................ 87 5.4. Case investigations ........................................................................................................ 93 5.5. Conclusions .................................................................................................................... 97 6. Chapter Six – Examples of food safety social co-governance systems .......................... 98 6.1. Primary responsibility and self-regulation of food producers and distributors ........... 99 6.2. Punitive damages as a tool of food safety governance: institutional arrangements and practical challenges ............................................................................................................ 107 6.3. Media supervision ....................................................................................................... 119 6.4. Complaints and whistleblowing .................................................................................. 125 6.5. Risk communication .................................................................................................... 136 6.6. Credit management .................................................................................................... 146 7. Chapter Seven – Examples of specific safety supervision and management mechanisms for certain food types ..................................................................................................
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