食品科学 ›› 2020, Vol. 41 ›› Issue (23): 338-346.doi: 10.7506/spkx1002-6630-20200105-044

• 专题论述 • 上一篇    下一篇

小农户生产经营食用农产品质量安全的法律治理

曹俊金,阮赞林   

  1. (1.上海政法学院国际法学院,上海 201701;2.华东理工大学法学院,上海 200237)
  • 出版日期:2020-12-15 发布日期:2020-12-28
  • 基金资助:
    农业农村部委托项目(125D0203)

Legal Governance of Quality and Safety of Edible Agricultural Products Produced and Operated by Small Farming Households

CAO Junjin, RUAN Zanlin   

  1. (1. School of International Law, Shanghai University of Political Science and Law, Shanghai 201701, China; 2. School of Law, East China University of Science and Technology, Shanghai 200237, China)
  • Online:2020-12-15 Published:2020-12-28

摘要: 食用农产品的生产经营受到《食品安全法》、《农产品质量安全法》等法律的多重规制,但对小农户生产经营食用农产品质量安全的治理仍需加强。农业农村部发布的《农产品质量安全法(修订草案)》将小农户生产经营农产品纳入监管范围,规定其农产品生产经营义务,强化生产经营违法责任惩处力度。考虑到食用农产品质量安全追责难度大、小农户责任承担能力弱以及保障社会公平等因素,在修法过程中应进一步加强小农户生产经营农产品全程监管,细化农业帮扶制度以提升小农户农产品质量安全保障能力,为农业社会化服务融入小农户农产品安全生产提供制度契机,形成乡村农产品质量安全自治体系,补足政府监管能力短板。

关键词: 小农户;食用农产品;食品安全;《农产品质量安全法》;《食品安全法》

Abstract: The production and operation of edible agricultural products are regulated by many laws such as the Food Safety Law and the Agricultural Products Quality and Safety Law. However, the governance of the quality and safety of agricultural food products produced and operated by small farming households needs to be strengthened. These agricultural food products are put under the regulation of the Agricultural Products Quality and Safety Law (Revised Draft) released by the Ministry of Agriculture and Rural Affairs, which stipulates the obligations of producers and operators to strengthen the enforcement actions against violations of the law. In view of great difficulties in holding agricultural food quality and safety violators accountable, small farming households’ weak ability to bear legal responsibilities and ensuring social equity, whole-process supervision of the production and operation of agricultural food products by small farming households should be further strengthened, and the agricultural assistance system should be specified to improve small farming households’ capacity to ensure the quality and safety of agricultural products, provide institutional opportunities for the integration of agricultural social services into the safe production of agricultural products by small farming households, and develop a self-governance system for agricultural product quality and safety in rural areas so as to strengthen areas of weakness in government supervision.

Key words: small farming households; edible agricultural products; food safety; Agricultural Products Quality and Safety Law; Food Safety Law

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