2019/5/27
The food regulatory department confiscated a batch of expired foods and foods without Chinese signs, and intends to do centralized destruction. Here are the following questions:
1. What is the legal basis for centralized destruction? (Note: Article 23 of the Measures for the Administration of Food Recalls) Food production and operation operators shall, in accordance with the provisions of laws and regulations, take remedial, harmless treatment and destruction of unsafe foods that have withdrawn from the market due to reasons such as suspension of production, operation, recalls, etc. If the food producers and operators fail to dispose of unsafe food according to law, the local food and drug supervision and administration department at or above the county level may order them to dispose of unsafe food according to law. From this point of view, if the food is to be destroyed, it should be handled by the food producers. To destroy, there is no mention of centralized destruction by the regulatory authorities.)
If it can be destroyed in a centralized manner, what kind of procedure should it be used? Should the parties issue relevant documents (what documents)? Is the centralized destruction site one of its own choices or must it be specified or operated by a professional destruction company?
2. For foods without Chinese labels, if the party submits the food for inspection, the quality of the product is qualified, there is no quality problem, just because there is no Chinese label and instructions, request to return the product, may I ask if it is OK? ?
(Note: The basis for this request is based on Article 25 of the “Food Recall Management Measures”. For foods that have been recalled due to non-compliance with food safety standards such as labels and labels, food producers may take remedial measures and food safety. In the case of continued sales, the sale should be clearly remedy to the consumer.)
Please come to the food colleagues, experts and friends of the regulatory authorities to come and express their opinions. Thank you.
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