Home » What kind of problems have branded chain stores repeatedly exposed to food safety minefields? _News Center_China Net

What kind of problems have branded chain stores repeatedly exposed to food safety minefields? _News Center_China Net

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News 1+1丨The bottom line of food safety “chain”

Since April this year, “Xiaolongkan” hot pot restaurant, “Michelle Ice City” milk tea restaurant, “Wallace” fast food restaurant, “Yang Guofu” Mala Tang restaurant, “Naixue’s Tea” milk tea restaurant, and “RT-Mart” supermarket have been exposed. The issue of food safety has caused widespread concern in the society. On the 24th, the State Administration of Market Supervision disclosed the investigation and handling of 6 food violation cases. An apology is of course the attitude of the company involved, but what we are more concerned about is how to solve the problem after the apology? Especially when these problematic stores belong to chain brands, what kind of problems are reminding us to pay attention to? Let’s connect with Wang Xu, vice dean of the School of Law of Renmin University of China, to pay attention together!

The State Administration of Market Supervision discloses the investigation and handling of 6 food violation cases

Chengdu Xiaolongkan was interviewed for allegedly using a black workshop to process counterfeit “fresh duck blood”; the date of unsealing ingredients was tampered with and the milk mixture was still used overnight. The reporter made an unannounced visit to unlock the “secret” of Michelle Ice City; fried chicken dropped on the ground and continued to use it. The cleaning agent dripped into the oil pan, and the Wallace restaurant involved was closed for rectification; the meat with obvious smell was rinsed to remove the smell and then put on the counter. The way in which the RT-Mart supermarket handled it was shocking. There is no “zero risk” in food safety, but we must adhere to “zero tolerance” for any violations of laws and regulations in the field of food safety. This is the attitude expressed by the State Administration for Market Regulation.

What is the relationship between restaurant chains, headquarters and franchise stores?

Wang Xu, deputy dean of the School of Law of Renmin University of China: In the food market business activities, the legal relationship between the headquarters and franchise stores is more complicated. The way of joining, a relatively independent legal status is added to the business link. However, whether it is relatively independent or relatively consistent in legal status, it should be said that as the main body of headquarters operation of a common brand, whether it is through contractual agreement or through general industry practices, and the law requires the enterprise to be the first responsible person, it All need to restrict and supervise branches or specific stores. I think this should be clearer in law.

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How to treat the statement of “cutting” with individual stores in the company’s statement?

Moderator: In addition to food safety issues, in addition to an apology in the statement of the company involved, there will be “the store involved has been closed for rectification, and the company has sent staff to supervise it”. It feels like cutting and dumping the pot. What do you think ?

Wang Xu, deputy dean of the School of Law, Renmin University of China: It should be said that from similar wording and expressions, it does give people the impression of a cut, but from a legal point of view, this kind of cut is still very risky and cannot be established. of. Because the “Food Safety Law” stipulates that the enterprise is the first responsible person through a special chapter. They are a community in a common brand and a common business environment. Therefore, as a company, in the process of sharing a brand to manage and regulate its franchise stores or branches, it is actually a manifestation of fulfilling its own corporate legal responsibilities, rather than putting itself out of the business as a kind of superiority. To criticize its counterparts, I think these two logics should not be confused.

Pay attention to strengthening headquarters management to better solve the possible safety risks of catering chain enterprises

Moderator: In addition to investigations, penalties, and tracing, the State Administration of Market Supervision also specifically mentioned in the investigation and handling of the six food violation cases disclosed by the State Administration of Market Supervision that “not only focus on individual stores, but also strengthen headquarters management”, how to understand this goal ?

Wang Xu, deputy dean of the School of Law of Renmin University of China: This time the State Administration for Market Regulation has designed a set of “combined punches”, which is in full compliance with the “Food Safety Law” and “Food Safety Law Implementation Regulations” for the entire process of risk control And traceable legal principles and legal ideas. Because a store “explodes”, it has triggered public concern and the intervention of regulatory authorities, we can work together to deduce that in the same brand and the same business chain, other stores may also have similar risks. We need to deal with other stores. Carrying out risk monitoring and elimination, such a supervision method is based on points, adheres to a basic bottom line thinking, and is also a very effective “combined boxing” design.

There is a problem with food safety, and the company wants to “turn over” after apologizing and marketing? Want to be beautiful!

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Wang Xu, deputy dean of the School of Law, Renmin University of China: With a corporate culture and mentality, it is to use the social atmosphere of a very fast pace of life and the vast amount of information in the online world to deal with the emergence of problems. However, the “Food Safety Law” and “Food Safety Law Implementation Regulations” have requirements for “precise supervision”. For example, the law stipulates that if similar problems break out in a certain field many times, then we should increase the risk to it. Monitoring includes random inspections, interviews, and further supervision of the rectification situation. The frequency, scope and intensity should all be increased. If the same type of food risk occurs repeatedly, the penalties can be increased; if the circumstances are serious, according to the implementation regulations, natural persons, such as store managers, legal representatives of enterprises, and directly responsible persons, can be imposed on natural persons. Severe punishment.

Brand chain stores have repeatedly touched the minefield of food safety, what kind of problems have they exposed?

Wang Xu, deputy dean of the School of Law of Renmin University of China: First of all, it should be said that this problem has emerged in the context of the growing scale and intensification of my country’s food industry, and the increasingly vibrant market. It also affects the market. Order poses a new challenge, that is, it is relatively easy for us to supervise a “point”, but when a chain store becomes a “face” and becomes an intensive and large-scale existence, it also means that our supervision methods must also be upgraded. .

Brand chain stores have repeatedly touched the minefield of food safety, what’s the answer?

Wang Xu, deputy dean of the Law School of Renmin University of China: First of all, I think the first point is that the entire industry should have a basic industry aspiration, to be a food company, including the catering industry, no matter how much energy we add to it other than food And element, it is a food for people above all. I think this original intention, if this industry cannot stand up, then it may dilute the bottom line of safety under some other business ideas. In fact, the “Food Safety Law” has high hopes for the industry’s culture and standard construction, including self-discipline and co-governance. Click on the link to follow the measures of the catering industry.

Wang Xu, deputy dean of the School of Law of Renmin University of China: The second point, I think, for the company itself, it should strengthen compliance building. On one hand, we must allow the company’s investment to flow fully in an orderly environment and create high quality. The prerequisite for development, but on the other hand, this high-quality development must be based on order, it must be live and not chaotic, so this requires each development subject, that is, the enterprise must have its own set of internal An effective compliance and containment control system. This system is a preventive mechanism and a safety valve. Click the link to see the answer.

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Wang Xu, deputy dean of the Law School of Renmin University of China: The third one I think is that the government should be better and more promising. This promising is not only a positive action, but also includes that we have to create more means that can deal with a certain amount of enterprises and deal with such a relatively complicated chain within it. On the one hand, we must pass laws to clarify accountability, on the other hand, we should also provide policies, such as the granting of preferential policies, such as the rating of the corporate credit system, and reasonable guidance to related companies. The government should have more flexible incentives, which may be more effective for large companies and for companies with a relatively strong reputation.

The food safety management personnel that chain catering companies must have, why can’t they do the self-inspection?

Wang Xu, deputy dean of the Law School of Renmin University of China: The Food Safety Law has such a requirement, which does not mean that it is implemented well. There may still be systems on the wall, but it may not be implemented. Setting up such a position and the corresponding personnel, for the company, objectively means increasing costs, so it is not certain whether it can operate effectively or whether it can really land. Secondly, even if there are such positions and personnel requirements, whether the personnel’s own professional ability, professional ethics, and whether they can meet the requirements of the food industry standards, I think this is also to be considered. After the “Food Safety Law” was revised in 2015, it has entered the new law. It should be said that it is still a relatively new thing. Depending on the type, size, and scale of enterprises, the degree of implementation of the system and the effect are also different.

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