中央处理吉林长春长生公司问题疫苗案件相关责任人,受到举国关注,引起食品行业热议的,就是市场监管总局党组书记、副局长毕井泉的引咎辞职。由于其身份是原国家食药监管总局局长,很多食品行业的话题也由此生发,其中一个有意思的畅想就是保健食品审批注册管理制度可能会取消。笔者以为,结合我国的政体和国情,这完全是一个空想。

  要说这个时候业内又传出取消保健食品注册审批制的呼声,也有一定的理由。一是业内个别企业和专家对于保健食品审批注册制一直存在质疑,而作为前国家食药监管总局最高领导,毕井泉一直力挺注册制,他下台了,他推行的政策应该改变;二是近一段时间,监管部门和媒体一直在着力打击保健食品行业中的违法行为,保健食品负面信息频频曝光,取消审批注册制应该可以转移这些负面信息;三是国家市场监管总局刚刚出台了“三定”方案,借此契机,取消保健食品审批注册制可以实施。

  然而,这些理由实在是立不住脚。首先,毕局长支持推进注册管理是职责所在,这与他职位的变动没有关系;二是监管部门打击和媒体抨击的是不法生产的保健食品和保健食品生产销售过程中的不法行为,这与保健食品的注册制度没有关系;三是对于保健食品的注册监管是写入《中华人民共和国食品安全法》的内容,是一项国策,这与监管部门职能和机构变动没有关系。

  保健食品审批注册监管不会改变的一个更为重要的原因是,这是当前和今后相当长的一段时间内适合我国的监管方式。保健食品属于特殊食品,其监管体制的基础是我国现有的国情、法理、政体等。同美国对健康食品的备案管理对比,就可得出结论:在经济收入和公众健康素养上,美国远远高于中国,这决定了美国人可以相对随意和理性选择健康食品,而中国人消费保健食品更多地还需要依靠监管部门的背书;在法规环境上,美国人打官司的意识强,美国的法律是惩罚式的法律(即按照可能发生的最大伤害赔偿),中国人更多讲和谐,法律是补偿性法律(即按照实际发生的伤害赔偿),若缺少监管部门的强力介入,消费者的利益难以保障;在诚信体系上,美国人少、收入高,长期的市场经济积淀了公众较好的诚信意识,而在我国保健食品行业企业失信(欺诈)和消费者失德(恶意消费)的现象还较为普遍。由此可见,我国不具备取消保健食品审批注册制的基础和前提。

  没有监管就没有行业的健康发展,而监管必须基于国情。国情关联着政体和民生,美国的备案制基于其政体和经济环境,而我国的审批注册制也是建立在作为最大的发展中国家的健康需求之上。而且20余年的监管实践和行业发展证明,对于保健食品审批注册的监管不仅符合中国国情,具有中国特色,更是取得了良好的业绩。

  其实,取消保健食品审批注册制的猜想源于企业对于行业更快更好发展的期盼,而这样的期盼也是新时代监管部门的追求。依据食品安全法出台的《保健食品注册与备案管理办法》提出了保健食品备案和注册并行的监管方式,目前,保健食品备案工作正在有序实施。而刚刚公布的市场监管总局的“三定”方案里也提出“加强事中事后监管。加快清理废除妨碍全国统一市场和公平竞争的各种规定和做法,加强反垄断、反不正当竞争统一执法”。这些都表明了监管部门致力推进行业发展、为行业服务的决心。

  可以肯定,国家对于保健食品审批注册的监管模式不会变,推进保健食品行业成长的决心不会变,企业必须遵纪守法的准则不会变,消费者对于保健食品日益增长的需求也不会变。因此,企业还是应该放弃不切实际的空想,脚踏实地,走规范的发展道路。在健康中国的大趋势下,健康发展的保健食品企业一定能在科学监管下出彩。

2018第十八届北京国际营养健康产业博览会(HFAIR)以此为契机,响应国家号召,深入行业,将于2018年11月16-18日在北京·中国国际展览中心(静安庄馆)举办。博览会以“健康感动生命——Healthfor life”为主题、以绿色健康为宗旨,预计展览面积达35000平方米,将云集全球20余个国家和地区的近800家品牌企业参展,致力于在国际化打造上再创新高。

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电话:010-59574339

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