SOURCE CONTROL OR END CONTROL: WHAT CHINA SHOULD DO TO ENSURE EDIBLE AGRICULTURAL PRODUCT SAFETY FOR EXPORTS?

• Published in: Frontiers of law in China Vol. 12; no. 2; pp. 193 - 216
• Main Authors: Yanfang, Li, Kaijie, Wu
• Format: Journal Article
• Language: English
• Published: Netherlands BRILL 01-01-2017; Higher Education Press; Higher Education Press Limited Company
• Subjects: Agricultural commodities; Agricultural industry; edible agricultural product safety; export; Exports; Food safety; International economic relations; Laws, regulations and rules; Product safety; Safety and security measures; Safety regulations; source control; Studies; Trade restrictions; 农产品安全; 出口市场; 发展中国家; 外源性污染; 安全监管; 控制; 生产标准; 食用农产品; China
• ISSN: 1673-3428; 1673-3541
• DOI: 10.3868/s050-006-017-0013-3

The article intends to figure out how agricultural product laws in China could be improved to ensure edible agricultural product safety and reduce potential food trade conflicts. The article first presents the background and legal framework for addressing the safety issues of edible agricultural product in China, with the conclusion that market-entry regulation has failed to perform this task. The article moves on to discuss the disadvantages of market-entry regulation (end-control measures) and the necessity of agricultural producing area safety regulation (source-control measures) on the following six aspects: gap between Chinese and Foreign standards, gap between domestic and export markets, small farms and diffused peasants, historical pollution and extrinsic pollution, lack of government enforcement and lack of consumer supervision. To improve agricultural producing area regulation, this article analyzes the primary drawbacks of current laws, primarily including unreasonable prohibited agricultural producing area standards, unclear pollution prevention rules, and regulatory overlaps and gaps. Finally, this article come up with corresponding solutions which contribute to a growing field of scholarship that examines food safety governance issues in the context of developing countries.