A Study On The Legal System Of Food Labeling In Japan

Currently,food safety problems happen frequently in China.Food safety problems need to be regulated not only by administrative force,but also by the joint efforts of other social parties.As an information carrier,food labeling plays an important role in the protection against consumers’ rights to information and choice while having an impact on food safety.Compared to the United States,Japan and other developed countries,the construction of China’s food labeling legal system started later,there are still many shortcomings.This paper aims to study the Japanese food labeling legal system,and put forward suggestions for the improvement of China’s food labeling legal system based on a summary of Japanese food labeling legal system current situation and characteristics.Japan,as well as China,does not deliberately distinguish between the concepts of "labeling" and "marking",but at the legal side,Japan emphasizes the regulation of the information labeling behavior of manufacturers and operators.The management of food labeling in Japan has progressed from disorderly to standardized and unified,and in the process of continuous legislation on food labeling,it has gradually improved the protection of food safety and consumer rights.Japan has now formed a legal system for food labeling with the Food Labeling Law as the core.Administrative supervision is carried out through the Food Safety Commission,which coordinates all parties involved in food safety supervision,and a food labeling supervision system centered on the Consumer Affairs Agency has been established.In terms of judicial operation,Japan has established a consumer group litigation system to strengthen the preventive protection of consumers’ rights and interests and to provide remedies for consumers’ private interest.Japan tends to solve the problem of food labeling falsification through administrative measures,and is cautious about criminal procedures.Japan’s food labeling legal system reflects the implementation of the principle of risk prevention by strictly enforcing the food labeling recall system under the concept of national health supremacy.Under the premise that both the legal provisions of food labeling and administrative supervision responsibilities are clear and uniform,the Japanese government’s timely response in the face of public health emergencies demonstrates its flexibility in administrative enforcement.In addition to the government,Japan’s food industry associations,consumers,and other social actors actively participate in food labeling regulation,laying a solid foundation for the effective management of food safety in Japan.From Japan’s experience,the improvement of China’s food labeling legal system can be started from the following aspects: First,improve China’s food labeling legal system,clarify the legislative principles and unify labeling regulations.Second,set up a specialized food labeling regulatory agency,clarify administrative supervision responsibilities,and solve the problem of multi-departmental supervision failure.Third,to clarify the standards of judicial adjudication of food labeling defects,reasonably apply the provisions of punitive damages,and strengthen the preventive protection of consumers’ public interests.