The structure of Chinese food law

Jasmin Buijs

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The structure of Chinese food law

In: The functional field of food law

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Jasmin Buijs

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Type:: Chapter

Pages:: 345–363

DOI:: https://doi.org/10.3920/9789086868858_025

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This contribution presents the initial structure of food law in the People’s Republic of China (hereinafter ’PRC’ or ‘China’) as it appears from a systematic analysis conducted by the author from both the Netherlands and China during the period of one year. The presented structure forms the basis of a comprehensive and systematic analysis of Chinese food law in the European civil law tradition of legal scholarship. By way of reference and inspiration, the legal analysis is based on the structure of EU food law by Prof. Dr Mr B.M.J. van der Meulen. Due to language barriers, the analysis has been based mainly on (unofficial) translated legal texts, secondary literature, and knowledge shared by professionals in the field. To ensure that those sources are understood correctly and as a substitute for traditional legal research insofar primary sources of law were not available in English, the work has been enriched with methods borrowed from the social sciences. These methods include questionnaires and in-depth interviews with Chinese food safety regulators, food businesses, academics, and lawyers active in the PRC. The key elements discussed in this analysis are: (1) the development of Chinese food law; (2) China’s food legislative-regulatory framework; (3) the role of competent authorities, (4) the principles of prevention, risk management, fullprocess control, and social governance; and (5) obligations on food businesses. Taking into account the separation between edible agricultural products and foods in China, these obligations are discussed in a sequential order from factory to fork and include pre-market authorisation, process-based requirements, and rules for labelling and advertisement of food products.

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The functional field of food law

Reconciling the market and human rights

Series: European Institute for Food Law series, Volume: 11

E-Book ISBN:: 9789086868858

Publisher:: Wageningen Academic

Print Publication Date:: 28 Nov 2019

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- Life Sciences

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The structure of Chinese food law

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The functional field of food law

Reconciling the market and human rights

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