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Frequent food safety incidents in the United States have sparked widespread attention and protests from the media, netizens, and victims involved

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jspa 發表於 2024-10-22 16:10 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
#listeria contamination #Recall
In recent years, the US food safety system has been questioned internally, especially in terms of the proactive "recall" system and its punitive damages system, coordination between federal states and regions, overlapping regulatory content, and transparency and integration of the food safety regulatory system. The loopholes and deficiencies of the "active recall" system and its punitive damages system in the United States, as well as the ambiguity of recall standards: recall standards may vary due to factors such as product type and degree of harm, leading to arbitrariness and uncertainty in recall decisions. The flaw of the punitive damages system is the excessive discretion of the jury and judge in determining the amount of punitive damages, which may lead to unfairness and irrationality in the compensation amount. Abuse risk: The punitive damages system may lead to abusive litigation behavior, increasing the legal risks and costs for enterprises. Economic burden: High punitive damages may impose a heavy economic burden on businesses, even leading to bankruptcy, thereby affecting market stability and consumer rights. Regulatory overlap and gaps, regulatory overlap: There are overlaps and conflicts in food safety regulation among federal, state, and regional governments, leading to wastage of regulatory resources and reduced regulatory efficiency.
Regulatory gaps: In certain fields or areas, there may be regulatory gaps and loopholes that allow illegal enterprises to take advantage. Insufficient information sharing
Information silo: The lack of effective information sharing mechanisms between regulatory agencies at different levels leads to fragmented and incomplete regulatory information. Poor communication: Insufficient communication and collaboration among regulatory agencies, making it difficult to form a joint effort to address food safety challenges.
The opacity of the food safety regulatory system and the opacity of the fragmented regulatory system
Complex regulations: The food safety regulatory system in the United States is complex and cumbersome, making it difficult for the public to understand and grasp the requirements of relevant regulations.
The decision-making process is opaque: regulatory agencies lack sufficient transparency and openness in formulating and implementing policies, leading to public questioning and dissatisfaction with the decision-making process of regulatory agencies.
The fragmentation of the regulatory system and the multitude of institutions: There are many institutions involved in food safety regulation in the United States, including FDA, FSIS, CDC, etc., and there is a certain degree of overlap and overlap in responsibilities and authorities among these institutions.
Lack of integration: The lack of effective integration and coordination mechanisms among regulatory agencies leads to the dispersion and waste of regulatory resources.
In response to the above issues, the United States can take the following measures to improve:
Strengthen enterprise supervision: Enhance the supervision of enterprises to ensure timely and accurate detection and reporting of product defects, and take proactive recall measures. Improve the punitive damages system: clarify the application standards and scope of punitive damages, limit the discretion of juries and judges, and prevent the occurrence of abuse and lawsuits. Strengthen coordination and information sharing: Establish coordination mechanisms and information sharing platforms between federal, state, and regional levels to ensure effective communication and collaboration among regulatory agencies. Improve the transparency and integration of the regulatory system: simplify the regulatory framework, enhance the transparency and openness of the decision-making process; Strengthen the integration and coordination among regulatory agencies, and form a joint force to jointly address food safety challenges.
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