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Understanding the Failure of Food Safety Regulatory Implementation

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The Regulatory Regime of Food Safety in China

Part of the book series: Studies in the Political Economy of Public Policy ((PEPP))

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Abstract

Chapter 8 analyses the impact of regulatory segmentation on behaviour modification and how it incurred different patterns of regulatory implementation for various fragmented consumer groups. Zhou points out that effective implementation of food safety standards and regulations are determined by the interaction between food consumers, producers and regulators. In particular, food consumers can influence such regulatory implementation through the exercise of their political and economic power. Zhou demonstrated that the group of ordinary domestic consumers, who are politically powerless and economically poor, failed to influence effective food safety implementation by producers and regulators, making them the major victims of several systematic biases within the segmented implementation of regulations. And this argument is supported with the case of adulterated cooking oil at the end of the chapter.

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Notes

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  11. 11.

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  13. 13.

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  15. 15.

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  19. 19.

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  20. 20.

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  21. 21.

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  22. 22.

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  25. 25.

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  26. 26.

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  27. 27.

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  28. 28.

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  29. 29.

    Ibid.

  30. 30.

    Ibid.

  31. 31.

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  32. 32.

    Beijing East Friendship Food Supply & Delivery Co., “Main Business Areas”.

  33. 33.

    Qi Yanmin was the Premier Office Director and Vice Ministry of Ministry of Culture of PRC then. Information from: Yonghui Liu, “Zhou Enlai’s Helpful Assistant Qi Yanmin,” China CCP News, http://dangshi.people.com.cn/GB/85038/13679247.html.

  34. 34.

    The Central Committee of Communist Party of China, “The Instruction Forwarded by the Central Committee of Cpc on Qi Yanmin’s Report on Special Supply to Senior Leaders and Intellectuals in Beijing”.

  35. 35.

    Ibid.

  36. 36.

    China Inewsweek, “The History of Exclusive in China: From ‘Special Supply’ to Immortal ‘Exclusive Supply’”. At that time, it was very common to eat at canteens rather than at home.

  37. 37.

    The Central Committee of Communist Party of China, “The Instruction Forwarded by the Central Committee of CPC on Qi Yanmin’s Report on Special Supply to Senior Leaders and Intellectuals in Beijing”.

  38. 38.

    Beijing Er Shang Group, “Group Introduction,” Beijing Er Shang Group, http://www.bjfood.com.cn/pages/gyes/jtjs/Content.aspx.

  39. 39.

    Tianjin Er Shang Group, “Group Introduction”.

  40. 40.

    Beijing Sunlon Group, “Group Introduction,” Beijing Sunlon Group, http://www.bjcag.com/show.aspx?n=20090907151515135376.

  41. 41.

    The Central Committee of Communist Party of China and The State Council of PRC, “The Central Committee of Cpc and the State Council’s Decision on Several Issues That General Public Concerned,” China CPC News, http://cpc.people.com.cn/GB/64162/64165/67447/68007/4640256.html.

  42. 42.

    Beijing Municipal Party Committee, “Why We Should Abolish Exclusive Food Supply to Leaders,” Qian Xian [Frontline], no. 9 (1989).

  43. 43.

    Xinjie Jiang, “The Transition of Exclusive Supply,” Caixin News, http://ucwap.caixin.com/2011-05-14/100307127_2.html.

  44. 44.

    Examples: Shangdong Weishan Lake Lotus Food Co., Ltd provides preserved eggs to the State Council affiliated departments: Shangdong Weishan Lake Lotus Food Co. Ltd., “Corporation Introduction”; Hubei Shendan Health Food Co., Ltd provides eggs to Hubei Provincial Party Committee Canteen: Hubei Shendan Health Food Co. Ltd, “Corporation Introduction”.

  45. 45.

    Examples: Beijing Customs Farm: Lv et al., “‘Low Profile’ Vegetable Planting”; and Sui Feng Yuan (Mu Dan Jiang Local Taxation Farm): Cheng and Wang, “Witness the ‘Quality Life’ of Officials in Mu Dan Jiang Local Tax Bureau”.

  46. 46.

    Lv et al., “‘Low Profile’ Vegetable Planting”.

  47. 47.

    Interview with one manager from Beijing Customs Farm (anonymous), cited from ibid.

  48. 48.

    Szelenyi, “An Outline of the Social History of Socialism or an Auto-Critique of an Auto-Critique,” 44.

  49. 49.

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  50. 50.

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  51. 51.

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  52. 52.

    Szelenyi, “An Outline of the Social History of Socialism or an Auto-Critique of an Auto-Critique,” 45.

  53. 53.

    Suzanne DeMuth and National Agricultural Library, Community Supported Agriculture (CSA): An Annotated Bibliography and Resource Guide (National Agricultural Library, 1993), 1.

  54. 54.

    Ibid., 2.

  55. 55.

    Liu and Wu, “How Far Can Organic Farms Go?.”

  56. 56.

    Gale, “CSA: New Choice of Food Safety in China”.

  57. 57.

    Zhong, “Chinese Love Organic Farming”.

  58. 58.

    Liu and Wu, “How Far Can Organic Farms Go?.”

  59. 59.

    Tony’s Farm, “Introduction About the Farm,” Tony’s Farm, http://www.tonysfarm.com/farmintro/baseintroduce.html.

  60. 60.

    Jun Yuan Organic Farm, “Introduction of the Farm,” Jun Yuan Organic Farm http://www.green258.com/Helper/OnlineHelper.aspx?id=21.

  61. 61.

    Little Donkey Farm in Beijing is one of these, and other examples are: Shanghai Shen Guo Yuan Shishang Farm Club (http://www.huquan.net/detail/3195593.html), Wuxi Family Farm (http://wuxifarm.blog.edu.cn/home.php?mod=space&uid=3783834&do=blog&id=616358), and many others.

  62. 62.

    Jing, “High-Tech Farm: A Visit to Ziran Yuezhang Farm,” Yogeev, http://www.yogeev.com/inspect/ziranyuezhang.

  63. 63.

    Little Donkey Farm, “Introduction” Little Donkey Farm, http://www.littledonkeyfarm.com/portal.php.

  64. 64.

    Gale, “CSA: New Choice of Food Safety in China”.

  65. 65.

    CNY 9000 is roughly AUD 2000 as on 25 August 2016, when the exchange rate was AUD 1= CNY 5.0.

  66. 66.

    All price information is from the online store of Little Donkey Farm, via: http://shop70845525.taobao.com/.

  67. 67.

    Caiping Zhang, Junfei Bai, and Thomas I. Wahl, “Consumers’ Willingness to Pay for Traceable Pork, Milk, and Cooking Oil in Nanjing, China,” Food Control 27, no. 1 (2012).

  68. 68.

    Food Safety Standard and Assessment Division of National Health and Family Planning Commission of People’s Republic of China (NHFPC), “Main Responsibilities of Food Safety Standard and Assessment Division of NHFPC”.

  69. 69.

    Agricultural Products Quality and Safety Supervision Department of MOA, “Major Responsibilities of Agricultural Products Quality and Safety Supervision Department of Moa”.

  70. 70.

    Import & Export Food Safety Department of AQSIQ, “Major Responsiblities of Import & Export Food Safety Department of AQSIQ”.

  71. 71.

    CFDA, “Main Responsibilities for China Food and Drug Administration”.

  72. 72.

    Songtao Li, “Will the Changes in Food Regulators’ Role Improve Food Safety,” China Youth Online, 4 September 2008.

  73. 73.

    CFDA, “China Food and Drug Administration Information Guide”.

  74. 74.

    See for example Tam and Yang, “Food Safety and the Development of Regulatory Institutions in China”; Liwei Sang and Global Food Safety Forum(GFSF), “Food Safety Legislation, Regulation and Practices in China,” in The China Path to Global Food Safety (2011); Li, “Policy Coordination in China: The Cases of Infectious Disease and Food Safety Policy.”

  75. 75.

    Transparency International, “Corruption Perception Index,” http://www.transparency.org/cpi2014/results.

  76. 76.

    Peilin Li, People’s Livelihood in Contemporary China: Changes, Challenges and Prospects (Singapore, SGP: World Scientific Publishing Company, 2013), 59.

  77. 77.

    Yajing Chen, “Corruption and Food Safety” (Fudan University, 2009). Jun Yao, “Government Failure and Food Safety Issue” (Fudan University, 2009); Zhengjun Liu, “Research on Government Function in the Governance of Food Safety” (Jilin University of Finance and Economy, 2012).

  78. 78.

    Data on job-related crimes among food regulators in 2008, 2009, 2010 and 2013 is not available.

  79. 79.

    Wei Cui et al., “The Annual Conclusion of Food Industry: Anti-Corruption Improves Food Safety?,” The Beijing News, 17 March 2015.

  80. 80.

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  81. 81.

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  82. 82.

    Haitao Xie and Baocheng Chen, “‘Gutter Oil’ Cases in Different Locations,” Caixin 18 June 2013.

  83. 83.

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  84. 84.

    Kui Shen, “Thoughts on Examination Exemption System on Food Enterprises,” Law and Commerce 3(2009); Ming Qi, “The Analysis of Chinese Food Safety Issues: Legislations and Governmental Supervision,” Chinese Law & Government 45, no. 1 (2012); Zhou and Jin, Food Safety Management in China: A Perspective from Food Quality Control System. Lam et al., “Food Supply and Food Safety Issues in China”; Yanzhong Huang, “China’s Corrupt Food Chain,” The New York Times, 2012/08/18/ 2012.

  85. 85.

    NPC of PRC, “Food Safety Law of the People’s Republic of China”.

  86. 86.

    These food problems include the use of inedible additives; high levels of pathogens, pesticide residues, or other pollutants that are above national standards; adulterated food; meat or products of any poultry, livestock, or waterborne animals that have been killed by disease, poison, or other undefined causes; food that exceeds the shelf life; meat or meat products that have not been quarantined or inspected; food that is rotten, spoiled, or contaminated; food dedicated to babies or other specific populations that fail to comply with food safety standards; and food with new materials that do not have a safety assessment.

  87. 87.

    NPC of PRC, “Food Safety Law of the People’s Republic of China”.

  88. 88.

    CFDA, “Food Manufacturers Data,” http://app1.sfda.gov.cn/datasearch/face3/base.jsp?tableId=91&tableName=TABLE91&title=%CA%B3%C6%B7%C9%FA%B2%FA%D0%ED%BF%C9%BB%F1%D6%A4%C6%F3%D2%B5&bcId=137413698768984683499699272988.

  89. 89.

    Matt Kures, “Agriculture, Food & Beverage Industry Cluster Analysis,” (Madison Region Economic Partnership, University of Wisconsin-Extension, 2014), 9.

  90. 90.

    Committee on Australia’s Food Processing Sector, “Inquiry into Australia’s Food Processing Sector,” Committee on Australia’s Food Processing Sector, http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Former_Committees/foodprocessing/foodprocessing/report/c06.

  91. 91.

    Government of Canada, “Significance of the Food and Beverage Processing Industry in Canada,” Government of Canada, http://www.agr.gc.ca/eng/industry-markets-and-trade/statistics-and-market-information/by-product-sector/processed-food-and-beverages/significance-of-the-food-and-beverage-processing-industry-in-canada/?id=1174563085690.

  92. 92.

    Shuo Wang, “SFDA: Responsibility of Food Producers and Distributors,” China News, http://www.chinanews.com/gn/2014/03-03/5901106.shtml.

  93. 93.

    Interviews were conducted with officials in Kunming Food and Drug Administration on 10–12 December 2014.

  94. 94.

    China Economic Information Network, “Report of Food Industry Analysis in China (2013q1),” (China Economic Information Network, 2013), 26.

  95. 95.

    Chen et al., Annual Report on China’s Industrialization 332.

  96. 96.

    China Economic Information Network, “Report of Food Industry Analysis in China (2011q1),” (China Economic Information Network, 2011), 34–35.

  97. 97.

    Jennifer Holdaway and Lewis Husain, “Food Safety in China: A Mapping of Problems, Governance and Research,” in Forum on Health, Environment and Development, ed. Lei Zhang and Jennifer Holdaway (Beijing, 2014), 30.

  98. 98.

    General Office of the State Council (PRC), “‘Twelfth Five-Year Plan’ on the National Regulatory System of Food Safety,” ed. State Council of People’s Republic of China (Beijing: China Gov.cn, 2012).

  99. 99.

    Sang and Forum(GFSF), “Food Safety Legislation, Regulation and Practices in China,” 55.

  100. 100.

    General Office of the State Council (PRC), “‘Twelfth Five-Year Plan’ on the National Regulatory System of Food Safety.”

  101. 101.

    Jia and Jukes, “The National Food Safety Control System of China—A Systematic Review,” 242.

  102. 102.

    Peng, “Tracing and Periodizing China’s Food Safety Regulation: A Study on China’s Food Safety Regime Change.”

  103. 103.

    Holdaway and Husain, “Food Safety in China: A Mapping of Problems, Governance and Research,” 42.

  104. 104.

    Sang and Forum(GFSF), “Food Safety Legislation, Regulation and Practices in China,” 28.

  105. 105.

    Holdaway and Husain, “Food Safety in China: A Mapping of Problems, Governance and Research,” 45.

  106. 106.

    NBSC, “National Census Result (Sixth, 2012),” NBSC, http://www.stats.gov.cn/tjsj/pcsj/rkpc/6rp/indexch.htm.

  107. 107.

    He and Sun, “Unlicensed Food Accounted for 30% of All Foods Sold in China”.

  108. 108.

    Weiguo Wang, “Participatory Governance of Food Safety Is a Long Way to Go,” Social Sciences in China 670(2014).

  109. 109.

    MAFF of Japan, “Biomass Nippon Strategy,” MAFF, http://www.maff.go.jp/e/pdf/reference6-8.pdf.

  110. 110.

    TSB Tri-State Biodiesel, “Mission Statement,” http://tristatebiodiesel.com/about-tsb/.

  111. 111.

    Bio Oil Group, “The Bio Oil Group-from Waste to Energy,” http://www.bio-oil.biz/en/about-bio-oil/company/.

  112. 112.

    Barboza, “Recycled Cooking Oil Found to Be Latest Hazard in China.”

  113. 113.

    Ying Huang, “Negative Impacts from Gutter Oil,” http://shipin.people.com.cn/n/2014/0912/c85914-25650602.html.

  114. 114.

    Ziqian Liu et al., “Expose the Black Chain of Interest on Gutter Oil,” China INewsweek 2011.

  115. 115.

    Interviews with officials from the Public Security Bureau in December 2014 and May 2015, and also news reports online such as: Meijie Ke and Lishan Han, “The Interest Chain of ‘Gutter Oil’,” Ifeng News, http://news.ifeng.com/opinion/topic/digouyou/201003/0325_9848_1586778.shtml. and Liu et al., “Expose the Black Chain of Interest on Gutter Oil.”

  116. 116.

    “Village in the city” refers to the villages in which villagers sold their land in the process of urbanization. Those villages are normally on the edge of cities, with a rough living environment and relatively low living standard compared to cities.

  117. 117.

    The average cost of vegetable oil is around RMB 11,000 Yuan per tonne and peanut oil is over RMB 13,000 Yuan per tonne. Oil adulterated with recycled cooking oil is around RMB 8300, and recycled cooking oil is even cheaper.

  118. 118.

    Interviews with officials from Public Security Bureau in December 2014.

  119. 119.

    China Supreme People’s Procuratorate, “Announcement on the Harsh Punishment of the Crime on Selling Gutter Oil,” in Pro [2012] 01, ed. China Supreme People’s Court China Supreme People’s Procuratorate, Ministry of Public Security (Beijing, 2012).

  120. 120.

    Barboza, “Recycled Cooking Oil Found to Be Latest Hazard in China.”

  121. 121.

    Ying Zhu, “Ten Cases Announced by the Ministry of Public Security on Production and Sales of ‘Gutter Oil’,” Xinhua News Agency, http://news.xinhuanet.com/food/2011-12/13/c_122412590_2.htm.

  122. 122.

    Yunnan Fengrui Oil Co., Ltd., in Yunnan was found to have sold over 32,000 tonnes of gutter oil for cooking purposes, information source: Xie and Chen, “‘Gutter Oil’ Cases in Different Locations.”

  123. 123.

    Qianmen Commerce and Trading Company and Dazhong Staple and Oil Company were found to have jointly gained over RMB 300 million Yuan from the production and sales of recycled cooking oil, information source: Ben Liang, “Two Cases on ‘Gutter Oil’ in Jinan with Illegal Sale Income over 300 Million Yuan,” China News, http://www.chinanews.com/fz/2014/01-07/5708764.shtml.

  124. 124.

    Liu et al., “Expose the Black Chain of Interest on Gutter Oil.”

  125. 125.

    Ibid.

  126. 126.

    Anonymous, “The Ministry of Public Security Cracked Down a Major Case of Gutter Oil,” The Beijing News 14 September 2011.

  127. 127.

    The relevant regulation was issued in 2010 by the State Council as an “Opinion”: General Office of the State Council (PRC), “General Office of the State Council’s Opinion on Strengthening the Governance of Food Waste Management,” (General Office of the State Council (PRC), 2010).

  128. 128.

    NDRC, “33 Cities as the Trial Sites for Food and Kitchen Waste Management,” NDRC, MOF, The Ministry of Housing and Urban-Rural Development, http://www.sdpc.gov.cn/fzgggz/hjbh/hjzhdt/201108/t20110802_427025.html.

  129. 129.

    Xie and Chen, “‘Gutter Oil’ Cases in Different Locations.”

  130. 130.

    Jia Dai, “The Supreme People’s Court Exposed Five Major Cases on Food Safety Crime,” The Supreme People’s Procuratorate of the People’s Republic of China, http://www.spp.gov.cn/zdgz/201402/t20140222_67764.shtml.

  131. 131.

    Liu et al., “Expose the Black Chain of Interest on Gutter Oil.”

  132. 132.

    Jiangjie, “The Ministry of Supervision Notified Five Cases of Food Safety,” People’s Daily, 9 January 2014.

  133. 133.

    Bin Zhang, “539 Cases on Duty Crime in the First Five Month in Hunan,” Hunan Daily, 10 July 2013.

  134. 134.

    MOH and China National Standardization Committee, “Hygienic Standard for Edible Vegetable Oil,” (Beijing: MOH, China National Standardization Committee, 2005).

  135. 135.

    Ibid.

  136. 136.

    Anonymous, “China Is Working on the Methods to Detect Gutter Oil,” Beijing Times, 19 September 2011.

  137. 137.

    Peng Wu, “5 Methods Collected from the Society Denied for Inability to Detect Gutter Oil,” The Beijing News 2011.

  138. 138.

    Rui Chen, Dajiu Li, and Shizhe Wen, “Where Does Gutter Oil Go in Other Countries,” Cankaoxiaoxi [参考消息], http://www.cankaoxiaoxi.com/survey/digouyou/.

  139. 139.

    Anonymous, “The Ministry of Public Security Cracked Down a Major Case of Gutter Oil.”

  140. 140.

    Interviews with officials from the Public Security Bureau in Kunming in December 2014.

  141. 141.

    Weiyi Chen, “Sinopec Started the Refinery for Recycled Cooking Oil,” China News, http://finance.chinanews.com/ny/2012/08-05/4083717.shtml.

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Zhou, G. (2017). Understanding the Failure of Food Safety Regulatory Implementation. In: The Regulatory Regime of Food Safety in China. Studies in the Political Economy of Public Policy. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-50442-1_8

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