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The administrative department of health shall be responsible for the comprehensive coordination of food safety, responsible for food safety risk assessment, food safety standard formulation, food safety information release, qualification certification conditions and inspection specifications of food inspection institutions, and organize the investigation and handling of major food safety accidents.
First, food safety risk assessment. The administrative department of health is responsible for organizing food safety risk assessment, and setting up a food safety risk assessment expert committee composed of experts in medicine, pesticides, food, nutrition, etc. to conduct food safety risk assessment.
Second, the formulation of food safety standards. According to the provisions of the Food Safety Law and the Standardization Law, the health administrative department is responsible for formulating and publishing national food safety standards for food and food additives, and will also integrate the current quality and safety standards for edible agricultural products, food hygiene standards, food quality standards and the mandatory standards of relevant food industry standards, and publish them as national food safety standards.
Third, the publication of food safety information. In accordance with the provisions of the Food Safety Law, the "food safety information" that needs to be uniformly published by the health administrative department generally includes the overall situation of food safety, food safety risk assessment information and food safety risk warning information, major food safety accidents and their handling information, and other important food safety information and other information that needs to be uniformly published. In addition, it is necessary to coordinate the daily supervision and management information release of various food safety supervision and management departments.
Fourth, the formulation of qualification conditions and inspection procedures for food inspection institutions. Except as otherwise provided by law, food inspection institutions shall obtain qualification certification in accordance with the relevant national certification and accreditation regulations before engaging in food inspection activities. Before the implementation of the Food Safety Law, food inspection institutions established with the approval of the relevant competent authorities or recognized in accordance with the law may continue to engage in food inspection activities in accordance with the Food Safety Law.
After obtaining the corresponding qualifications in accordance with the qualification certification conditions formulated by the health administrative department, the food inspection institution must engage in food inspection activities in accordance with the inspection procedures formulated by the health administrative department.
Fifth, organize the investigation and handling of major food safety accidents. Therefore, establish and improve the rescue system and operation mechanism to deal with major food safety accidents, coordinate the investigation and handling of food safety accidents of various food safety supervision and management departments, effectively prevent, actively respond to and control major food safety accidents in a timely manner, minimize the harm of major food safety accidents, and protect public health and life safetyMaintaining normal social order is an important responsibility of the health administration department responsible for the comprehensive coordination of food safety.
Sixth, other matters that require the health administrative department to assume comprehensive coordination responsibilities, such as the comprehensive coordination of food safety assigned by the Food Safety Committee.
The local health department mainly organizes and coordinates the food safety work of various departments, and in some places, because the food and drug supervision department at the municipal district level has not yet been established, the health department acts as the daily supervision function of the food and beverage link.
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Strengthen the management of pharmaceutical affairs in medical institutions.
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Article 33 of the Food Sanitation Law The duties of food safety supervision are:
1) Carry out food hygiene monitoring, inspection and technical guidance;
2) Assist in the training of food production and operation personnel, and supervise the health inspection of food production and operation personnel;
3) Publicize food hygiene and nutrition knowledge, conduct food hygiene evaluation, and publish food hygiene;
4) Conduct a health review of the site selection and design of the new, expanded and reconstructed projects of food production and operation enterprises, and participate in the acceptance of the project;
5) Investigate food poisoning and food contamination incidents and take control measures;
6) Conduct roving oversight and inspections of violations of this Law;
7) Pursue responsibility for violations of this Law, and impose administrative punishments in accordance with law;
8) Responsible for other food safety supervision matters.
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Answer: B, D
p349;The state shall establish a unified system for the publication of food safety information. Unified announcement by the health administrative department:
1) The overall situation of national food safety; Qing Hui Hui.
2) Food safety risk assessment information and food safety risk warning information;
3) Major food safety incidents and their handling information;
4) Other important food safety information and information that needs to be uniformly answered.
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Summary. According to the provisions of the Food Safety Law, the Ministry of Health, that is, the Ministry of Health, in accordance with the responsibilities stipulated in the Food Safety Law and the Food Safety Law, organizes food safety risk monitoring and risk assessment, and formulates and publishes national food safety standards. This provision is mainly based on the "Plan for Institutional Reform and Functional Transformation".
According to the provisions of the Food Safety Law, the Ministry of Health, that is, the Ministry of Health, in accordance with the responsibilities stipulated in the Food Safety Law and the Food Safety Law, organizes food safety risk monitoring and risk assessment, and formulates and publishes national food safety standards. This provision is mainly based on the "Plan for Institutional Reform and Functional Transformation".
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What is the subject of the health law relationship? What are the characteristics of a health-legal relationship? What are the elements of a health-legal relationship?
What is the subject of the health-legal relationship
The subject of the health legal relationship refers to the citizens, legal persons and other organizations that participate in the health legal relationship, enjoy the health rights and bear the health obligations, referred to as the parties.
Including: health administrative departments, medical and health institutions, health personnel, enterprises and institutions, social organizations and citizens, etc.
The meaning of the Health Law refers to the general term of the laws and regulations formulated or approved by the state on food hygiene, medical care, handling of medical accidents, health and epidemic prevention, management of drugs and medical devices, professional qualifications, emergency treatment of public health emergencies, etc.
Taking the Food Safety Law as an example, the subjects of its legal relationship include citizens and health administrative departments (such as food and drug supervision and administration, quality supervision departments).
Article 1 of the Food Safety Law is formulated in order to ensure food safety and protect the health and life safety of the public.
Article 109.
The county shall take the people's food and drug supervision and administration and quality supervision departments at or above the level to determine the focus, methods and frequency of supervision and management according to food safety risk monitoring, risk assessment results and food safety status, and implement risk classification management.
Local people's organizations at or above the county level shall formulate annual food safety supervision and management plans for their respective administrative regions, and announce them to the public and organize their implementation.
If your problem is more complex, you are welcome to come and have a legal consultation.
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Article 1 of the Food Safety Law of the People's Republic of China is formulated in order to ensure food safety and protect the health and life safety of Gongyan Yunqizhong. Article 3 of the Food Safety Law of the People's Republic of China implements prevention-oriented, risk management, whole-process control, and social co-governance in food safety work, and establishes a scientific and strict supervision and management system. Article 4 of the Law of the People's Republic of China on the Safety of Food and Quiet Arguments Article 4 Food producers and traders are responsible for the safety of the food they produce and operate.
Food producers and traders shall engage in production and business activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to the society and the public, accept social supervision, and assume social responsibility.
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Food safety in China is generally managed by the food safety committee established by the first and other relevant food safety supervision and management departments. The Food Safety Law stipulates that a food safety committee shall be established, and its responsibilities shall be specified by the food safety committee. The food safety supervision and management department shall, in accordance with the duties stipulated in this law and the provisions of the law, supervise and manage the sale and return of food production and business activities.
Article 8 of the Drug Administration Law.
The drug regulatory department is in charge of the national drug supervision and administration. The relevant departments shall be responsible for the supervision and management of drugs within the scope of their respective duties. The drug regulatory department cooperates with relevant departments to implement the national drug industry development plan and industrial policy.
The people's drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the drug supervision and administration within their respective administrative regions. The people at the municipal and county levels divided into districts shall be responsible for the drug supervision and administration of the department (hereinafter referred to as the drug supervision and administration department) responsible for the drug supervision and administration within their respective administrative areas. The relevant departments of local people's ** at or above the county level shall be responsible for the supervision and management of drugs within the scope of their respective duties. Shipei.
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Legal analysis: The Food Safety Law stipulates that local people at or above the county level shall be responsible for the food safety supervision and management of their respective administrative regions. In addition, the local people at or above the county level will lead, organize and coordinate the food safety supervision and management work and food safety emergency response work in their respective administrative regions, and establish and improve the working mechanism and information sharing mechanism for the whole process of food safety supervision and management.
Legal basis: Article 6 of the Food Safety Law of the People's Republic of China The local people at or above the county level are responsible for the food safety supervision and management of the Suitan region of the administrative region, and uniformly lead, organize and coordinate the food safety supervision and management work and food safety emergency response work in the administrative region, and establish and improve the working mechanism and information sharing mechanism for the supervision and management of food safety throughout the whole process. Local people at or above the county level shall, in accordance with the provisions of this Law and the People's Republic of China, determine the responsibilities of the food safety supervision and management, health administrative departments and other relevant departments at the same level.
The relevant departments are responsible for the food safety supervision and management of the administrative region within the scope of their respective responsibilities. The county-level people's food safety supervision and management department may set up dispatched agencies in townships or specific areas.
Article 123 In violation of the provisions of this Law, in any of the following circumstances, the people's food and drug supervision and administration department at or above the county level shall confiscate the illegal gains and the food illegally produced and operated, and may confiscate the tools, equipment, raw materials and other items used in the illegal production and operation; If the value of the illegal production and operation of Juhui food is not more than 10,000 yuan, a fine of not less than 100,000 yuan but not more than 150,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of between 15 and 30 times the value of the goods shall be imposed; if the circumstances are serious, the license shall be revoked, and the public security organ may detain the person in charge and other persons directly responsible for it for not less than 5 days but not more than 15 days: (1) using non-food raw materials to produce food, adding chemical substances other than food additives and other substances that may endanger human health to food, or using ** food as raw materials to produce food, or dealing in the above-mentioned food; (2) The production and operation of staple and supplementary foods for infants and other specific groups of people whose nutritional composition does not meet food safety standards; (3) Dealing in poultry, livestock, animal or aquatic animal meat that has died of illness, poisoning, or unknown causes, or the production and operation of products thereof; (4) Dealing in meat that has not been quarantined or has failed to pass quarantine in accordance with regulations, or has produced or operated meat products that have not been inspected or have failed to pass inspection; (5) The production and operation of food that the state expressly prohibits the production and operation of for special needs such as disease prevention; (6) Producing and selling food with added drugs. Clearly knowing that the illegal acts provided for in the preceding paragraph are still provided with production and business premises or other conditions, the people's food and drug supervision and administration department at or above the county level shall order them to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan; If the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the food producers and traders.
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