Many businesses have no production and operation qualification. Is the self-made food and drug popular on the internet safe
2022-04-13
Is the homemade food and drug popular on the internet safe Many businesses have no production and operation qualification, and the places of production, delivery and operation licenses are inconsistent ● in recent years, self-made food and drugs are popular on the Internet, from pickles, bacon and fermented bean curd to fruit wine, biscuits and pastries, to weight loss enzymes, tablet candy and traditional Chinese medicine tea. These products are labeled "pure natural", "no addition" and "handmade" by merchants, and are favored by many consumers. But at the same time, problems such as businesses without production and operation qualification and relevant labels have also been frequently exposed ● whether online food operators need relevant qualifications depends on the type of food they sell. If the products sold are processed agricultural products and self-made foods, such as self-made canned fruits and cakes, the operators of online food must have the qualification licenses for producing and selling food, such as food production license, food circulation license and food business license ● platform and online food operators shall engage in production and operation activities in accordance with relevant laws, regulations and food safety standards, be honest and self disciplined, ensure food safety, assume their social responsibilities and accept the supervision of the public □ our reporter Han Dandong □ our intern Wang Yitian 6000 copies were sold and 2000 were evaluated. This is the performance of a self-made mutton sausage shop with Inner Mongolia flavor on a shopping platform. However, the reporter of the rule of law daily could not find the food production license, food business license, business license and other information on the commodity details page. Although they sell mutton sausage and belly wrapped meat with Inner Mongolia flavor, the place of shipment is Shangqiu, Henan Province. The customer service staff explained that after purchasing from Inner Mongolia, it will be processed and sold by the factory in Henan. The other party replied "I don't know" whether it has handled the relevant business license. Some consumers commented that "100% is not mutton sausage". In recent years, self-made food and drugs are popular on the Internet, from pickles, bacon and fermented bean curd to fruit wine, biscuits and pastries, to weight loss enzymes, tablet candy and traditional Chinese medicine tea. These products are labeled "pure natural", "no addition" and "handmade" by merchants, and are favored by many consumers. But at the same time, problems such as businesses without production and operation qualification and relevant labels have also been frequently exposed. Are these homemade foods and drugs sold on the Internet really safe? Homemade food sales are high Businesses lack business qualification The reporter randomly searched a "purple potato taro cake" produced and delivered by Fujian on a shopping platform, and found that the business qualification published by the store only showed the "food business filing notification letter" issued by the local market supervision department, and clearly did not include online business. But as of the noon of April 12, the store had sold "63000 pieces of purple potato mashed taro cakes" on the Internet, with more than 9000 commodity evaluations, of which the high praise accounted for the majority. In another shop selling "self-made farmhouse stinky tofu milk" and "self-made dry salt stinky beans", the reporter noticed that the stinky tofu milk was packed in a plastic bottle with a label on the bottle, including the ingredients list, shelf life, production date and registration certificate number. There was no implementation standard, and the sales volume of this stinky tofu milk had exceeded 10000. In addition, the old salt beans, pig head meat, pickles and other foods sold by the store only have the registration certificate number, without executive standards and other information. According to the provisions of China's food safety law, the package of prepackaged food should have a label, which should indicate the name, specification, net content and production date; List of ingredients or ingredients; Name, address and contact information of the producer; quality guarantee period; Product standard code; Storage conditions; The general name of the food additive used in the national standard; Production license number and other information. The reporter's investigation found that although some self-made food stores pasted labels on the packaging and indicated relevant information on the label, their production license is false. Mr. Wang, who lives in Shenzhen, Guangdong Province, recently spent 374 yuan on a hand-made beef jerky on an e-commerce platform. After receiving the goods, he smelled a pungent smell as soon as he opened the package. The meat had gone bad. He checked the label carefully and found that although all the information such as production date, shelf life, production address and manufacturer were marked, when he entered the production license number into the relevant query system, he found that there was no such number in the system, and even the store name was fictitious. Subsequently, Mr. Wang complained to the e-commerce platform and applied for a refund. Zhu Yi, an associate professor at China Agricultural University, pointed out that some businesses play a marginal role and say that selling self-made food is not in the name of food. They have been suspected of producing food with non food raw materials. Once this illegal act is investigated and dealt with, they will face high fines. Health products and diet pills are on sale Merchant number: customized In addition to food, some self-made health products and weight loss pills are also very popular on the Internet. The reporter found a popular slimming food - enzyme plum on a shopping platform. The leaflet of this enzyme plum reads "eat one at night, it's really smooth in the morning" and "one will work" and attached with the comparison diagram before and after slimming. This product has sold 100000 + and evaluated thousands of items. However, the reporter checked the packaging information and found that there was only "enzyme plum" marked in Chinese and English on the small packaging bag of each plum. There was neither production batch number nor manufacturer. The customer service staff explained that this is a plum made by the manufacturer. The manufacturer's address is Jieyang, Guangdong, and it is shipped from Xinyang, Henan. The reporter inquired about the qualification and business certificate of the store and found that the address of the Department Store shown in the "food business license" of the store is in Qingdao, Shandong. A small enzyme plum is displayed in three places in the country, including the place of business license, the place of shipment and the place of production. On the e-commerce platform, there are also some stores with the name of "traditional Chinese medicine weight loss". They claim to prepare their own prescriptions, "you can lose weight easily without exercise and diet", and the unit price ranges from 100 yuan to 500 yuan. However, the reporter consulted three stores and found that none of them had a business license, and there was no obvious difference in the ingredients of the weight loss prescriptions prepared by each store. Some were packed in kraft paper or plastic bags, but the packaging did not indicate the commodity information. "How about your eating habits? Are you feeling unwell?" As like as two peas, the two customers were opening the same scene. No matter how the reporter answered, the other party said they could prescribe weight loss prescriptions and claimed to lose 20 kilograms in two months. Another shop promised to lose less than 10 Jin in two months, with a refund of 35 yuan for one jin. At present, the sales volume of the shop has exceeded 10000. The reporter consulted one of the stores about the business license. The other said that "they do small business and are responsible for wrapping up and sending the medicinal materials". On the issue of prescriptions, one store said it was "a prescription prescribed by a folk teacher and customized", and another store said that "the weight loss methods used are inherited from the older generation", but the reporter carefully compared the prescriptions they provided and found that they were basically the same. The comment area of these three stores is also very lively. Some netizens commented that "I lost 20 kg in a day, and Chinese medicine conditioning is very effective". Some netizens said that "I drank Chinese medicine for weight loss for 4 consecutive days, and my stomach was distended from the first day. On the fourth day, my stomach was hard and distended, and I woke up at 5 a.m. with stomach trouble, and I was vomiting all the time". "Self made health care products and drugs can not be sold. They can only be sold after applying for a production license, obtaining relevant qualifications and handling a business license. Businesses need to go to the market supervision bureau for a business license, then submit to the e-commerce platform, and then pay the relevant industry guarantee before they can be sold." Zhu Yi said. Strengthen the audit of the platform Food and drug safety should not be underestimated It is worth noting that at present, China's law stipulates that individual sales of self-produced agricultural and sideline products do not need to be registered. Some people selling homemade food on the Internet expressed their doubts to reporters: what can be identified as self-produced agricultural and sideline products do not need to be registered, and which should be identified as homemade products must be registered? The interviewed experts explained that: self-produced agricultural and sideline products, namely rice, noodles, fresh meat, etc., should not be registered when they are sold on the Internet; As long as the agricultural and sideline products are processed, such as pickled, and then sold on the Internet, relevant licenses must be obtained. "Whether online food operators need relevant qualifications depends on the type of food they sell. If they sell processed agricultural products and self-made food, such as self-made canned fruits and cakes, online food operators must have food production license, food circulation license, food operation license and other qualification licenses for food production and operation." Deng Liqiang, deputy director of Beijing Huawei law firm, said. With regard to the supervision of online food sales, sun JUANJUAN, a researcher at the Collaborative Innovation Center for food safety governance of Renmin University of China, believes that China's relevant laws and regulations have been very perfect. The measures for the investigation and punishment of illegal acts of online food safety and the measures for the supervision and Administration of food safety of online catering services have successively refined the obligation requirements and supervision and management system of online operators and platforms. Therefore, if there are requirements for offline food production and operation license, the platform needs to conduct qualification examination and publicize such information. As far as homemade food is concerned, it may be the sales of edible agricultural products, which are processed food derived from small-scale businesses such as workshops. As a producer and operator, when choosing online sales, it is necessary to further confirm the relevant online operation requirements in combination with local supervision. From the platform side, what responsibilities should we assume for these self-made food and drugs with high sales volume? According to China's food safety law, the third-party platform provider of online food trading shall register the real name of online food operators and clarify their food safety management responsibilities; If a license should be obtained according to law, the license shall also be examined. If the third-party platform provider of online food trading finds that the online food operator has violated the provisions of this law, it shall stop it in time and immediately report to the food safety supervision and Administration Department of the local people's government at the county level; If serious violations are found, the provision of online trading platform services shall be stopped immediately. "Strengthening platform responsibility is an important starting point for supervising online food safety." Sun JUANJUAN said that from the perspective of self-regulation, the platform needs to establish a management system according to law, including collecting and identifying the information required by law, establishing dispute mediation, consumer rights protection and other mechanisms, timely notifying the regulatory authorities of illegal information and cooperating with law enforcement inspection. If the platform fails to fulfill its statutory obligations such as qualification examination, it will be punished accordingly to urge it to fulfill its statutory obligations. "The platform and online food operators shall engage in production and business activities in accordance with relevant laws, regulations and food safety standards, be honest and self disciplined, ensure food safety, assume their social responsibilities and accept the supervision of the public." Deng Liqiang said that the problem of food safety should not be underestimated. The law and relevant judicial interpretations have clarified the responsibility of third-party platforms and operators of online food trading through a variety of joint and several forms of liability, strengthened the responsibility of food producers and operators, and strengthened the protection of the legitimate rights and interests of consumers. Deng Liqiang reminded that if consumers' rights and interests are damaged when purchasing self-made food and drugs, they can claim compensation from online food operators or food producers in accordance with the relevant provisions of the food safety law. If the third-party platform of online food trading cannot provide the real name, address and valid address of the online food operator
Edit：Luo yu Responsible editor：Wang xiao jing
Source：Legal Daily
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
