Research On The Legal Regulation Of Safety Supervision Upon The Online Take-away Food

With the rapid development of network technology in the global scope,the rise and development of the online take-away food industry has been promoted,and a series of food safety problems have also been derived.Because of the great difference for sales mode between online take-away food and traditional food,traditional food safety supervision is not suitable for it.Facing the challenges brought by the new economic form to the traditional food safety supervision,throughout the United States,the European Union and other developed countries have been actively exploring and practicing.And put forward the corresponding solutions to adapt to the needs of the development of the times.In the face of food safety problems in the online take-away food in China,China has introduced some policies and regulations in recent years,and the supervision has been further strengthened.However,according to the current relevant policies and regulations,it is still difficult for government departments to achieve effective supervision,and the safety problem of the online take-away food has not been substantively solved.In combination with the development characteristics of the online take-away food and the specific contents of existing policies and regulations,the following problems mainly exist in the safety supervision of the online take-away food in China.Firstly,the concept of supervision and legislation is relatively backward,especially in the serious absence of the risk prevention and whole-process supervision,which cannot meet the needs of the development of the online take-away food.Secondly,there are gaps and fuzzy areas in relevant regulatory laws and regulations.For example,the new E-commerce Law and the original Food Safety law have problems of unclear connection.Specific measures such as “Food Security Seal” lack of mandatory provisions,and the lack of strong legal support for the “Bright Kitchen”model,which requires a legislative response.The special legislation about delivery service of take-away presents a lag nature.Thirdly,the legal responsibilities of the supervision of the main body are not fully implemented so that supervision is hugely inefficient.Fourthly,the legal measures of supervision are single and lagging behind,so it is difficult for the supervision to be precise and effective,and the purpose of supervision cannot be realized quickly.Therefore,based on the actual situation of the development of the online take-away food,and on the basis of drawing lessons from the advanced experience of the United States and the European Union in food safety supervision,this paper put forward countermeasures to strengthen the food safety supervision of the onlinetake-away food.First,on the basis of changing the concept of regulatory legislation,timely supplement the missing link legislation.Second,we implemented the responsibilities of all parties in the field of supervision and gradually form a pluralistic and co-governance system among the government,third-party platforms,food industry associations and consumers.Third,further regulatory legal measures were reformed in order to solve the problems of safety supervision of the online take-away food as soon as possible and maintain the food safety of the public.