Research On Regulation Of Food Safety In Japan

As facing serious problems in respect of food safety, food safety laws and regulations have become one of the most hot topics which need to be solved by all countries in the world. Using the "Law of Food Safety" which was issued in 2003 as an opportunity, Japan has began its regulatory reform regarding the food safety laws, and one of the largest advantages is to use the risk analysis to promote the risk communication between different parties. China has also issued the "PRC Food Safety Law" in 2009, however, the food safety law system in China needs to be improved. This dissertation will make a systematic analysis on the food safety laws and regulations in Japan with the purpose of improving such food safety system in China. Except for the introduction and conclusion, this article will be divided into six chapters.Chapter One "Development of the Food Safety in Japan". With an overview of the development of the food safety system in Japan, there are three periods, respectively being the Meiji and Tajsho Period, Hangarhall Period and Heisei Period. The regulations in the Meiji and Tajsho Period focused on the administration of the food which breaches the law and have prohibited various food which are not good to people's health through cancelling permits or banning sales. The regulations in the Hangarhall Period has raised the public health to the core content in the food safety system and the regulations in the Heisei Period has transferred the key point to the safety of the food. The ideas and relevant systems differ a lot in each periods - from emphasizing suppress to food hygiene confirmation, and then to food safety confirmation.Chapter Two "Types and Models of the Food Safety Regulations in Japan". Food safety is a comprehensive, social, political and legal concept - different understandings will appear during different time periods and in different areas. Because food safety is be dangerous, it may be harmful to people's health, thus, various methods should be used to make control. There are 3 models: (i) make administrative regulation through promulgation and administration of laws; (ii) make economic administration through market pricing, credit, property, information and consumer's index; and (iii) make administration through third parties, such as organizing food agency, industry association. etc. The food safety regulations in Japan can be divided into (i) direct regulations and indirect regulations; (ii) ex-ante regulations and continuing regulations or ex-post regulations; and (iii) public regulations and autonomous regulations - all in accordance with different standards. Based on the publicity, public interest and sociality of the food safety regulations as well as the nature of the economic law and the administrative law, the economic, administrative and social models of the food safety have been formed.Chapter Three "Basic Concept and Principle of the Food Safety Regulation in Japan". The "Law of Food Safety" which was issued in 2003 in Japan has provided a legal basis for the current governing of the food safety and formed the basic concept, basic principle and basic system. The Law has formed the basic concepts of pubic health-first, procedurization and the combination of science and popular will, and has formed the principles of legality, risk analysis, sharing different responsibilities respectively, precautions, public releasing and participation. The basic system frame of risk evaluation, risk management and risk communication has been established.Chapter Four "Major System of the Food Safety Regulation in Japan". The food safety regulation system in Japan has been improved a lot during its past development of more than 100 years. Firstly, the food procedurization management system has been established through the HACCP system, GAP system and food safety retrospection system. Secondly, through the participation of the state, the information gap between the customers and the manufacturers has been reduced by the implementation of the food expressing system. Thirdly, the food manufacturing within the country and its hygiene and safety have been better protected and the foreign food which does not comply with relevant standards have been prohibited from the importing. Fourthly, the food safety information mobile system has been established pursuant to the risk analysis principle. In addition, the safety governing on some special foods, such as health food and genetically modified food has also been strengthened along with the development of the food technologies. Along with the 100 years' development, the food safety system in Japan improves a lot and becomes a system with risk analysis as its core and the risk evaluation, risk management and risk communication as the main content.Chapter Five "Governing Authority of the Food Safety Regulation in Japan". According to the separation principle of the risk evaluation and risk management, large reform has been taken in respect of the administration authority of the food safety in Japan - the Food Safety Commission has been established and it will be responsible for the information collection as well as the risk evaluation. Further more, the Japan Ministry of Health, Labour and Welfare and the Japan Ministry of Agriculture, Forestry and Fisheries, as the risk management authorities, have also made large adjustments to their organization and functions. The conclusion is: the reform of food safety administration authority has made the relationship between the food safety commission and the risk management authority more clear through the aspects of administrative levels, division of responsibilities, division of uses and risk communication.Chapter Six "Enlightenment and Deliberation on the Food Safety Regulation in Japan". The PRC Food Safety Law has become effective since 1st June, 2009, thus, there is a law to rely on regarding the food "safety". However, the food safety issue will not be realized through a single law but need a effective operation by the whole legal system. The features of the food safety regulation in Japan include: the separation of the risk management and risk evaluation; the comprehensive management based on the precaution; the strict quarantine standards; and the sophisticated risk management system. The enlightenment to the food safety regulation in China include: to improve relevant laws and regulations in respect of the food safety; to ensure the symmetry and smooth of the information communication; to have the enterprises and customers play active roles; and to confirm the legal effect of local standards and enterprise standards. China may draw on the experience of Japan to develop its own system.