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Food safety sampling inspection is one of the important means to ensure food safety, sampling inspection can be detected by professional means to detect whether the pesticide residues and veterinary drug residues of sampling samples exceed the standard
In view of the problems of sampling samples of pesticide residues and veterinary drug residues exceeding the standards in catering service units, articles 34 and 55 of the Food Safety Law have made relevant provisions
Comparing the two articles of law, the author believes that the difference between article 34 and article 55 mainly lies in the following two aspects
First, the main body is different
Second, the samples are different
According to the principle of proportionality of responsibility and punishment, the type and severity of legal liability shall be commensurate
Flexible judgment based on reality
Then, when the samples taken by the catering service units for pesticide residues and veterinary drug residues exceed the standards, resulting in them not meeting food safety standards, which law should be applied in the process of law enforcement? Based on the comparison of the above laws and regulations, the author believes that the main consideration of this issue should be whether the samples taken are food raw materials, for example, the samples taken are raw pork that cannot be eaten directly without processing, which can be identified as food raw materials according to common sense of life, and Articles 55 and 125 apply; If the samples taken are directly eaten beef in a finished sauce, Articles 34 and 124 apply here
However, for example, tomatoes, cucumbers, etc.
In summary, the identification of food raw materials is particularly important
