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Ad Spokesperson's Joint Liability of Chinese Food Safety Law

  • DONG-A LAW REVIEW
  • 2009, (44), pp.169-186
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

김현경 1

1중국인민대학교

Candidate

ABSTRACT

On Feb.28th, 2009, “food safety law of PRC”, enacted to replace the former “food hygiene law of PRC”, has entered into force on June 1stafterthreeyears’hotdiscussion,chinahasexperiencedseveralfoodaccidentandwalkedalongwaytoestablishlawonfoodsupervision,emphasizingnotonlyfoodhygiene,butmoreonfoodsafety. Generally speaking, “food safety law” has five characteristics, first of which is uniform the standard of food safety, and the second is that food problem information is no longer published afterwards. The third is to punish food maker and seller more heavily. The forth one is the implement of food additive label administration. And the last one is the regulation of food return and claim for compensation, etc. However, with the rise of mass of food safety events concerning entertainment stars in recently years, “food safety law” has paid much attention this time. For instance, food safety department and other inspection guild are forbidden to recommend food to the public, and caste, organizations or any other person should bear joint liability with food producer on the condition that the consumer’s right is infringed as the result of recommendation. Although this severe regulation focuses on protection of consumer’s right, stars speaks on advertisement have to hold heavy responsibility. Besides, whether this regulation can be carried out effectively is in question, maybe it is necessary to amend it.

Citation status

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