Actually, many food safety problems are derived from hidden rules of the industry. A supervisory body in Shanghai revealed such a hidden rule—the supermarkets returned the food nearing shelf life to manufacturers, who then reprocessed the expired food. How could the watchdog turn a blind eye to this age-old hidden rule? Unscrupulous enterprises are to blame for the frequent occurrence of the food safety scandals, but the absence of administrative supervision and regulatory chaos is the root. For instance, some regulators in the brown meat essence pork scandal act in collusion with illegal enterprises and manufacturers for allied interests, which breaks down the food safety defense.
The long-standing malpractice in administrative supervision makes it hard to deliver the commitment for food safety. But the malpractice within the administrative system can only be corrected through effective supervision and punishment outside the system rather than self- examination and selfchecking. In the tainted steamed bun scandal, the unscrupulous enterprises’food production licenses were revoked immediately and five suspects including the corporate legal representative were detained by police on criminal charge. However, when will juridical accountability for the supervisory agencies be initiated? Consumers calling for food safety also expect jurisdiction to question the supervisory agencies how the last defense line for citizens’ security collapse?
An overview of the food safety scandals occurred in recent years indicates that the juridical accountability for folk small and medium-sized enterprises has been basically in place, but that for the incompetent regulators is far from satisfactory. It is generally believed that this practice will considerably enhance supervision effectiveness, curbing illegal acts in the food safety domain. To some degree, the tainted steamed bun scandal has served as a model.
Food safety scandals in various forms go beyond consumers’ imagination; disordered and bewildered supervision challenges administrators’ credibility and authority. The tainted steamed bun scandal sounds again the food safety alarm, but everyone needs to ponder for whom the bell tolls.
Do not misunderstand food additives
From milk powder tainted with melamine to hams with clenbuterol to beef extract with amino acids, food safety issues are a growing concern among the public. These chemical terms became catch words only because they are adulterated in the most often eaten food. Food additives are now synonymous with pursuit of profit, offense against the law, and even poison.
The State Council, or China’s Cabinet, issued a Notice on Cracking down on Illegal Adulteration of Additives in Food and Strengthening Regulation of Food Additives on April 21st, pledging to clamp down on illegal adulteration of additives in food and to carry out comprehensive inspection and control of illegal food additives. Health authorities will formulate and unveil standards on the adulteration and labeling of food additives. Food additives will face an unprecedented, full-scale strike.
Food additives make a scapegoat?
Are food additives responsible for food safety scandals? “No. Food additives are demonized.” Sun Baoguo, academician with China Academy of Engineering and vicePresident of Beijing Technology and Business University, told China Economic Weekly reporter. Sun added that, “People are mixing up illegal supplements with food additives. Food additives are made a scapegoat of food safety problems.”
The Food Safety Commission under the State Council released on April 23 a list of 151 illegal food and feed supplements, including 47 inedible supplements that might be added in food, 22 food additives that might be over-adulterated, and 82 supplements and drugs prohibited in feed and drinking water for animals and water fowl.
Now, what’s the definition of a good additive? UN Food and Agriculture Organization (FAO) and World Health Organization(WHO), together with the Codex Alimentarius Commission, defined food additive as non-nutritive substance added intentionally in a small amount in food in order to improve its outlook, flavor and preservation.
China has 2000 kinds of food additives of 23 categories, among which are over 1800 kinds of spices and fragrance flavors. The most commonly used food additives are bleaching agents, leavening agents, coloring agents, flavors, preservatives, fragrance agents, etc.
“There are additives in practically all kinds of food.” said Sun Baoguo, adding that food additives are of no harm to people’s health. Instead, they ensure food safety. “If there were no food additives, there would not be food safety.”
Food additives not only improve food outlook and taste but also make it possible to produce food automatically with machines. More importantly, additives make it easier to preserve food and prevent it from deteriorating. "For example, in the past, soy sauce would go bad after a long time. The problem has been solved by adding in artificial preservatives.” said Sun.
Moreover, food additives can be a “savior” for people with special needs. Sun said, “As people with diabetes can not eat sugar, we need sugar-free food, which is made possible by the adulteration of nonnutritive or low-calorie sweeteners.
As with medicine, the most important thing in the use of food additives is to assess the relationship between the dose and its effects. Sun noted that food additives should be used with three precondi-
tions. First, food additives can only be used when necessary. For example, the Ministry of Health announced a ban on the addition of flour bleaching agents on March 1, 2006. Second, except successfully proved by scientific experiments, food additives are only approved by the Government after they have been used and proven safe in at least two developed countries. Third, it’s illegal for food enterprises to use food additives other than the ones approved by the Government.
China’s food safety standards too loose?
Not long ago, the safety of Master Kong instant noodles was called into question after it was found contaminated with beef extract. However, Guangzhou Municipal Bureau of Industry and Commerce decided that it was legal and no punishment should be handed out, triggering heat controversy among the public.
“Beef extract” is legalbecause like fragrance agent “One Drop Fragrance”and flour bleaching agent “Bleach Powder”, it is a compound of many kinds of food additives, which was not heard of before and hence not banned by law. There are no legal provisions on the dose and legality of such compounds of additives.
“This is not the first time that people blame food safety problems on laws, regulations and standards.” an expert with the Ministry of Health told the reporter. “They will continue to do so.” he added.
But it’s an undeniable fact that the standards on some categories of Chinese food are lower than internationally accepted ones. For example, Nestle infant milk powder was found to contain an excessive amount of heavy metals not long ago. But it was legal under China’s current standards. The upper limit of the Chinese standards is 100 times that of the United States.
It was reported that 99.8% of China’s food exports have been up to standards for many years, while 90% of the food sold in the domestic market have been up to standards. The difference between the two figures is not huge, but it shows China’s “double standards”. Some say firstclass products are exported, second-class ones sold domestically. Chinese consumers have been wondering whether our food safety standards are looser than foreign ones.
The Ministry of Health made an announcement titled China’s Food Safety Standards Largely in Line with International Ones on April 21. According to the announcement, food standards vary from country to country. Chinese standards are largely in line with international ones. Enterprises are encouraged to follow more stringent standards than national ones in order to be competitive in the international market.
According to the announcement, 70% of China’s food safety standards are the same as the Codex Alimentarius standards. Some of our standards are higher than internationally accepted ones. For example, ractopamine, benzoyl peroxide and other substances allowed in foreign countries are prohibited in China. Therefore, “China’s standards should be compared against international ones comprehensively and objectively. We should not only compare individual standards or index.”
The good news is that there is finally a detailed agenda for the intro- duction of food additive standards. “The Ministry of Health must formulate and unveil standards on the safety and labeling of compound food additives before the end of 2011.”By that time, “beef extract”, fragrance agent“One Drop Fragrance”, flour bleaching agent“Bleach Powder” and other compound food additives would no longer be legal.
Before introduction of the new standards,“for food additives not covered by the current standards, relevant enterprises and industry organizations can file applications for compliance to the standards of international organizations or relevant countries.”
“The Ministry of Health has published a list of the first batch of illegal supplements and food additives that can easily be abused. Comprehensive and stringent standards will be unveiled by the end of the year. By then, all kinds of food would be inspected once or several times.” said the expert.
Food safety control and the Whistleblower Protection Act
“China’s food safety laws and regulations are numerous, and even stricter than international ones.”said an expert with the Ministry of Health. Regarding food safety, China has over 20 laws, about 40 administrative regulations, and over 150 departmental rules and regulations. According to this expert, China reaffirmed its prohibition of“Lean Meat Essence” for twice, while“Lean Meat Essence” of particular
contents is still allowed in the United States. Also, China took the lead in establishing a food recall system in 2007, earlier than the United States which did so on January 2011.
“Our problems lie in the implementation part.” the expert said. In the recent Shuanghui “Lean Meat Essence”(main content: clenbuterol) scandal, the 18 levels of inspection were not effective at all, according to the report by CCTV on March 15. “Supervisors at every level can be bribed. This is the fundamental problem.” he said.
On April 21, Li Keqiang, vicePremier and head of the Food Safety Commission under the State Council, attended a videophone conference on combating illegal adulteration and abuse of food additives. He stressed the need to follow the Food Safety Law, focus on typical cases, put the situation under control, and hand down heavier penalties. Those who adulterate food additives illegally would face immediate investigation, shut down of business and heavy fines. Those who adulterate deliberately would face revocation of license, confiscation of equipment, and a ban against persons responsible the transgression from engaging in food industry.
Industry insiders say this conference will bring “the most stringent food safety supervision in history”. In the past, violations were often punished in the form of fines, usually less than RMB 50,000, issued by departments of industry and commerce. Such penalty is too light. The odds of profiting from violating the law are greater than the odds of being caught. That’s why violations are rampant. Some continue to violate the law while being punished.
In addition to making high requirements of the enterprises, we should also strengthen regulation.“Weak regulation is mainly a result of unclear division of powers and responsibilities among the six departments concerning food safety.” the expert said.
In the videophone conference, Li Keqiang noted that government officials involved in serious food safety violations shall be dismissed from office, and those who committed criminal offense shall be transferred to judicial organs to be punished severely and immediately according to the newly-enacted Criminal Law Amendment.
The Notice once again specified the responsibilities of the quality control, industry and commerce, health and other departments, emphasized stronger government accountability for food additives regulation, and proposed that all regulatory departments set up a food safety credit record for each food supplier by the end of 2011. “The records will not only strengthen the selfregulation and restraint of the enterprises, but also define more clearly the responsibilities and accountability of government departments, so they won’t play the blame game or try to shake off their responsibilities.” the expert commented.
Lang Xianping, a Chinese economist, suggested we learn from the Whistleblower Protection Act of the United States and give rights to the people, so as to have sound regulation and give an end to the Government’s dual role of making and enforcing the rules.
The Whistleblower Protection Act, an act to protect whistle blowers, is designed to achieve internal supervision, which means everyone can disclose corruption, conspiracy, injustice, etc with a view to safeguard social justice and public interests. Whistle blowers are protected by law.
“Every insider can inform, disclose and litigate. He will be protected, exempted from liabilities, and rewarded for doing so. If we have such a policy in China, the Shuanghui clenbuterol scandal could have been disclosed much earlier.” Professor Lang said.
We have already seen the spirit of Whistleblower Protection Act in the Notice, which proposed special funds for whistleblowers. The Notice made it clear that local governments at all levels should set up a special fund to reward whistleblowers, protect their legitimate rights, and encourage employees to report against the misconducts of their own companies.
Lack of regulation of the chemical industry
The reporter visited many hot pot restaurants and regular restaurants, and found that they are persuaded to adulterate unwholesome additives by additive suppliers.
Someone working in a hot pot restaurant told the reporter that the restaurant had been using its own recipes for 7 to 8 years until the year 2009 when a salesman came to tout fragrance agent “One Drop Fragrance” and flavor enhancer “Miss It Every Night” (illegal additives made of poppy shells, which improve the taste of food and make dinners addictive). According to the salesman, the two “products” cut cost on food materials, and win many repeat customers.
The reporter learned that hot pot soup is often made of cooking oil, many kinds of aniseed, radix codonopsis pilosulacodonopsis, lyciumand and fragrance agents. However, the same taste can be achieved by only a small amount of the so-called “One Drop Fragrance”, cutting the cost by RMB 20 per pot. That means a saving of RMB 500 per day, based on the turnover of the restaurant. “Miss It Everynight” is very effective in winning repeat customers, many of whom frequent the restaurant once a month or even a week.
“We didn’t know such products before the salesman told us other restaurants were using it. We didn’t want be disadvantaged by not using them.”he told the reporter. As hot pot soup is home-made, so it’s easy to play some
tricks. It is difficult for the inspectors to investigate and evidence violations. “Over a hundred seasonings are used for just one kind of hot pot soup, making it difficult to inspect.”
Surprisingly, he revealed that many illegal additives are made by small workshops of raw materials from chemical plants. “These small workshops are running a highly profitable business. They buy raw materials very cheaply from chemical plants, and process them with simple, crude equipment. It’s easy for the workshops to move to a new location if they get caught.”
As we know in the Shuanghui “Lean Meat Essence” scandal, clenbuterol, an adrenaline stimulant, is under strict control by the Government. It’s difficult for ordinary people to get raw materials and products of clenbuterol, the main content of “Lean Meat Essence”. However, clenbuterol powder can be easily accessed from chemical plants, and made into huge amounts of “Lean Meat Essence” by simple techniques and crude chemical reaction equipment.
To destroy the workshops where illegal additives are made and stored is an important step in cutting the chain of illegal interests. The Notice orders frequent inspection of rented factories, workshops and warehouses in rural areas and urban suburbs, make-shift buildings and rented houses in cities, so as to destroy underground distribution channels.
However, food safety problems won’t be solved fundamentally, if we only focus on destroying illegal workhouses but do not prevent the raw materials of illegal additives from entering the market.