Many food enterprises boycotted the electronic supervision code. AQSIQ was questioned and sued in the first case of the anti-monopoly law. As soon as the electronic supervision code order of AQSIQ was issued, it collided with the anti-monopoly law. On the first day of the implementation of the anti-monopoly law on August 1, it was prosecuted by four anti-counterfeiting enterprises and accepted by the court, thus becoming the first case after the implementation of the law
electronic supervision code and electronic supervision of product quality are good things, but many food enterprises do not buy the implementation of electronic supervision code. Among the nine categories of products with electronic supervision codes, food has the largest share, including 45 kinds of wheat flour, rice, soy sauce, vinegar, sterilized milk, pasteurized milk, mineral water, instant noodles, Baijiu, wine, drinking water, black tea, green tea, etc. At the beginning of the implementation of the electronic supervision code, many food enterprises wrote to the relevant departments together to question the promotion of the electronic supervision code, believing that it has increased the burden on enterprises and is difficult to play a substantive role in ensuring food safety, which should be treated with caution. Recently, the Law Committee of the National People's Congress organized a legislative demonstration meeting on the draft food safety law. At the meeting, well-known food enterprises at home and abroad, including Coca Cola, Pepsi, Mars, Shuanghui, Yanjing Beer, almost resisted electronic supervision codes
the food enterprises jointly wrote four questions about the electronic supervision code.
the relevant person in charge of a food enterprise nname w:st= "on" productid= "Li"> Mr. Li told that many food enterprises had jointly made a report to the relevant departments and raised four questions about the promotion of the electronic supervision code:
question 1: it has no substantive significance to improve food safety.
AQSIQ said, The implementation of electronic supervision code is to implement the special provisions of the State Council on strengthening the safety supervision and administration of food and other products
this was first questioned by enterprises. The enterprise pointed out that the product quality information provided by the electronic supervision code record mainly includes: enterprise name, product trademark, product brand, shelf life, production date, inspection certificate number, production license number, compulsory product certification (CCC) certificate number, etc. All this information has long existed on the labels of prepackaged food. By reading the labels, consumers can easily and quickly obtain relevant information. There is no need for regulators to establish a substantially repeated information provision system. Giving a unique supervision code to each food package can not improve the level of food safety. Because the electronic supervision code is a problem tracking system, it does not involve the quality and safety control of the production process, and the control of raw materials and production process is the fundamental factor that determines food safety. Therefore, the application of supervision code has no substantive significance for food safety management. In addition, unlike other industrial products, the universal experimental machine, as the rebirth food production of the experimental machine industry, each batch of products is composed of tens of thousands or hundreds of thousands of minimum packages of chain tension machines, which is fundamentally different from the production and sales characteristics of cars, televisions, refrigerators and other products, and should not simply adopt the same or similar supervision methods
question 2: the new costs of enterprises have soared, some even tens of billions of Yuan
insiders also introduced that at present, they purchase less than 300000 printed electronic codes from the printing plant designated by the General Administration of quality supervision, inspection and Quarantine of the people's Republic of China at a price of 3 cents/piece. Printing supervision codes on food packaging is very complicated, involving equipment transformation, production line speed adjustment and other aspects, which will greatly increase the operational difficulty and production costs
relevant experts from the China Food Industry Association also said that if the supervision code is fully implemented in the food industry, the new production cost will be as high as tens of billions of yuan per year, which will cause huge cost pressure on dairy products, meat, agricultural and sideline processed foods that have already made meager profits, and contribute to the recent rising food prices, and the cost will eventually be passed on to consumers. In addition, there are many kinds of food products, tens of millions of varieties, tens of billions of consumer units, and hundreds of billions of information is needed. The food safety supervision code is still lack of practical inspection and demonstration in technology
question 3: the subject of compulsory entry fees is unclear.
according to the enterprise, enterprises that require the implementation of electronic supervision products must join the electronic supervision of China's product quality designated by the General Administration of quality supervision, inspection and quarantine. According to relevant information, each enterprise must pay a service fee of 600 yuan per year. Wood based panel is also known as wood laboratory machine
there are more than 450000 food enterprises, large and small, in China, of which nearly 110000 have implemented QS certification. The object of electronic supervision this time is precisely the enterprises that have implemented QS certification. In this way, excluding refrigerators and other products, the annual service fee paid by food enterprises alone is more than 60 million. The charging entity is CITIC national inspection company, not the national quality inspection department. This charge can be understood as either the administrative institutional charge charged by CITIC Guojian on behalf of the administrative government function, or the service charge provided by CITIC Guojian for electronic supervision
In the case of administrative fees, the Ministry of Finance and the national development and Reform Commission did not mention the administrative fees listed in the notice on publishing the catalogue of 2006 national and central departments and units' administrative fees. Neither Document No. 582 nor electronic supervision has explained whether it has been approved as a new charge, and we have not retrieved any relevant approvals. Therefore, from the perspective of administrative charges, this charge has neither gone through legal procedures nor legal and regulatory basis. If it is the fees paid for the service products provided by CITIC Guojian, Document No. 582 does not comply with Article 32 of the anti monopoly Law (effective on August 1, 2008). Administrative organs and organizations authorized by laws and regulations to manage public affairs shall not abuse their administrative power to restrict or disguise the units or individuals to operate, purchase and use the goods provided by their designated operators, And Article 7 of the Anti Unfair Competition Law (effective on September 2, 2003), which stipulates that the government and its subordinate departments shall not abuse their administrative power to restrict others to purchase the goods of the operators designated by them and restrict the legitimate business activities of other operators. Nname w:st= "on" productid= "Li"> Mr. Li said: the subject of charging is really confusing
according to the public information, the electronic supervision of China's product quality belongs to CITIC national inspection company, which is jointly funded by CITIC 21st century company (50% of the shares), a Hong Kong listed company under CITIC Group, together with the information center of the General Administration of quality supervision, inspection and quarantine (30% of the shares), and the China Huaxin post and Telecommunications Economic Development Center under Chinatelecom group (20% of the shares). Song Mingchang, a member of the Party group of the General Administration of quality supervision, inspection and Quarantine of the people's Republic of China, is the director of the electronic supervision and Promotion Office of China's product quality, and the deputy director is from CITIC 21st century
question 4: consumers need to pay extra telecommunication fees
according to the publicity materials published by the General Administration of quality supervision, inspection and Quarantine of the people's Republic of China, consumers can check the authenticity of goods by means of, text message and network, of which 0.3 yuan per minute, 0.2 yuan per text message sent through the supervision code (0.2 yuan or even more will be charged for text message reply), and the login station can also check
in this regard, food enterprises doubt that telecommunications tariffs will increase the burden on consumers. In addition, CITIC national inspection company can easily grasp the product varieties, output and other trade secrets of each enterprise. These are the concerns and concerns of enterprises
in the face of queries from enterprises, AQSIQ has not yet made a specific response
what is an electronic supervision code
electronic supervision is a public service to strengthen the supervision of product quality and safety. According to the entry requirements, the manufacturer should use the electronic supervision code with unified mark on the outer package of the product, which is generally one code for each product, equivalent to the electronic ID card of the product. Production enterprises and circulation enterprises can master product circulation information through interconnection; Consumers can query the product information and authenticity through, SMS, Internet, terminals and other channels; Law enforcement departments can monitor products at any time, and quickly trace and recall problematic products
it is understood that the electronic supervision code must be used by nine major product manufacturers in nine categories, including household appliances, wood-based panels, wires and cables, agricultural materials, gas appliances, labor protection products, electric blankets, food, cosmetics and so on, to ensure the quality and safety of products