Pu Law | Lawyer Lan Tianbin was interviewed by the Times Weekly to interpret the problem of betel nut regulatory problems

Starting from September 15th, betel nut products in Yiwu City, Zhejiang Yiwu City, Yingshan County, Sichuan, Nanchang City, Jiangxi, and Xi Shui County, Guizhou have banned food packaging and labeling betel nut products.

A cyan fruit has created nearly 100 billion industries, but the carcinogenic storm pushes it to the forefront. How to supervise has become an urgent problem.

During the media interviews, several interviewed experts proposed that considering the degree of harm of betel nut products to human health, they can refer to the supervision of tobacco supervision methods, implement franchise operations, and formulate relevant regulatory measures.

During the field visits, the Time Weekly reporter found that compared with Tobacco, betel nuts do not need to be approved, "it can be sold for a shop." In addition, betel nut products are no longer in the food directory since 2020, but it is still markedly produced by food standards. The promotional degree of publicity is far greater than the warning slogan.

In response to the above problems, people and medical circles believe that betel nut supervision can learn from tobacco control measures. However, because the market size does not reach the level of tobacco, it may directly adopt the tobacco regulatory mode or too aggressive, which may cause derivative problems or start from the source. Guide people to plant other crops to gradually withdraw from the market.

The sale of betel nut has a lack of legal basis

Times reporters visited the Shanghai community shop and chain convenience store and found that betel nuts are usually placed in a conspicuous position. Merchants say that the sale of betel nuts does not need to be approved like selling tobacco, and it can be purchased directly with dealers. The owner of the store said that betel nut "is a shop that can be sold. If no shop is not sold, it is not purchased."

Search for betel nuts on the takeaway platform in Shanghai, and found that there were nearly 100 stores nearby nearby, showing that the order was available for 30-50 minutes.

And online channels, the total sales of the top three stores in sales have been sold nearly 300,000 pieces. Most merchants have responded that except for areas that cannot be affected by the epidemic, they can be sent to all parts of the country. 19 times.

A single -piece betel nut on a online shopping platform sells 100,000. Picture source: screenshot of online shopping platform

However, after the reporter's inspection of the Times Weekly, it was found that although the outer packaging of betel nut products has a prompt with "long -term overdose and harmful oral health", the more noticeable is the publicity of "mentioning God's Quick". The content of beteline.

Other important information is the word "this product has passed the ISO2000 food safety management system certification", but in fact, the latest version of the "Food Production License Catalog" in 2020 has canceled the category of betel nut, and betel nut is used as food production for food production Licenses, supervision and sales are actually lacking legal basis.

On the back of the taste king packaging, the merchant uses small words and blacks to remind the merchant to "discourage the minor" in the lower part of the complaint, but the owner of the Shanghai small shop responded that he would not sell it to the minor Do not sell, "All conscience".

Expert: Methods need to be adjusted

How to monitor the sales of betel nut has become a problem that urgently needs to be solved now. During the media interviews, several interviewed experts proposed that considering the degree of harm of betel nut products to human health, they can refer to the supervision of tobacco supervision methods, implement franchise operations, and formulate relevant regulatory measures.

Laws and regulations of my country's "Tobacco Monopoly Law" and "Administrative Measures for the Management of Tobacco Monopoly Licenses" stipulate that tobacco must implement monopoly management in accordance with the law, and the tobacco monopoly license system is implemented, that is, those who are engaged in cigarette production, wholesale and retail, will receive a license. , And can only be purchased in the tobacco companies with wholesale qualifications, not allowed to sell to tobacco monopoly through information networks, and prohibit broadcasting and publishing advertisements on radio, television stations, newspapers, and other advertisements.

Earlier, similar to betel nut, the abuse of electronic cigarettes has also aroused social attention. In 2021, the State Council amended the "Implementation Regulations of the Tobacco Monopoly Law", incorporated new type of tobacco products such as electronic cigarettes into the Regulations, and implemented in accordance with the relevant regulations of cigarettes.

Cigarette outer packaging, one -third is a warning language source: network

Gong Zhendong, the attending physician of the Department of Stomatology at the Southern Medical University of Southern Medical University, analyzed from a medical perspective that betel nuts have addictive mental active substances, and its long -term use will endanger oral health and general health. He believes that perhaps the regulatory measures of tobacco can be followed to promote the harm of chewing betel nuts, especially the harm to the physical and mental health of young people.

However, Lawyer Lan Tianbin, a partner of Jiangsu Faidongheng Law Firm, believes that betel nut management should be carefully referred to the tobacco supervision system. At present, the sales of betel nut sales have not reached the scale of tobacco. Derivative issues.

Lan Tianbin suggested that relevant state departments can learn from the tobacco management system at some levels and introduce unified management regulations, such as prompts printed on betel nut packaging. The production and sales behavior of betel nut have been regulated.

Attorney Zhong Lanan, a senior partner of Beijing Jingshi Law Firm, believes that with the deepening of medical understanding of betel nut, it should also adjust the supervision method of betel nut.

Betel nut has been identified as drugs by Turkey, Canada, Singapore and other places, indicating that it may cause damage to consumers' physical health. Even if a tobacco monopoly system is adopted, a large number of betel nuts will still be put on the market. will happen.

Professor Liu Junhai, a professor at the Law School of Renmin University of China, suggested in an interview with the Legal Daily that the betel nut industry should be treated from the source. In areas where producers and manufacturers should be more, they can gradually explore and guide the people to engage in other industries, plant other products, and at the same time relevant departments.Do a good job of guiding and corresponding compensation work in an orderly exit.Author: Time Weekly reporter Chen Yiyang

Source: Time Weekly

Lawyer Lan Tianbin, a partner of Jiangsu Faide Dongheng Law Firm, deputy director of the Criminal Business Research Association, a member of the Criminal Legal Risk Prevention and Control Committee of the Nanjing Lawyers Association, a former political and legal reporter, graduated from Xiamen University, focused on research company staff and public officeLegal risk prevention and control and criminal defense.

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