Comparative Analysis of Food Security and Tort Liability Doctrines in Russia and China: Harm Caused by Poor-Quality Agricultural Products

Comparative Analysis of Food Security and Tort Liability Doctrines in Russia and China: Harm Caused by Poor-Quality Agricultural Products

Dmitry Bogdanov (Kutafin Moscow State Law University, Russia) and Svetlana Bogdanova (Bauman Moscow State Technical University, Russia)
DOI: 10.4018/978-1-7998-1042-1.ch009

Abstract

Provision of the population with environmentally friendly and safe agricultural products is an important challenge in the developed states. This chapter analyzes the issues of food safety and quality. The indemnification caused by low-quality products stimulates producers to ensure the quality and safety of food resources. The institute of indemnification caused by low-quality agricultural products is analyzed in the chapter. Special attention is paid to the issues of consumer protection in the legislation of Russia and China.
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Introduction

Providing the population with environmentally friendly and safe agricultural products is an important problem worldwide. Solution of global food insecurity problems require coordinated actions of the states based on uniform legal approaches. This study focuses on the overview and comparison of approaches to establishing food security in the countries which are considered as large producers of agricultural products and consumers of food, specifically, Russia and China.

In Russian, National Security Strategy was accepted in 2009 (President of the Russian Federation, 2009). On the basis of the Strategy, there was approved Food Security Doctrine (President of the Russian Federation, 2010), which declared provision of the population with safe agricultural products as a strategic objective of food security. Proceeding from the Doctrine, the key components of food security are sufficient volume of food products and safety of agricultural and food resources. Such understanding of the term “food security” is coordinated with the international terminology. In this context, many studies have been focusing on the investigation of food safety concept, analysis of criteria of safety, study of a relationship between the concepts of safety and quality of products, and their standard fixing on both national and international levels.

The indemnification mechanism which is caused by low-quality products stimulates producers to ensure quality and safety of food resources. The issue of indemnification caused by low quality of agricultural products is studied in this chapter. Special attention is paid to the protection of consumers’ rights in Russia and China. There should be resolved a problem of mass infliction of harm by the uniform (replaced) products offered by various producers (mass products torts). Within this delict, there is a problem of interaction of a collective victim and a collective (uncertain) offender. New models of responsibility, for example, responsibility according to a share in the market (market-share liability), model of alternative responsibility (alternative liability), are applied. In this chapter, the prospects of application of these models of responsibility in Russia and China is considered. There are made suggestions for improvement of the legislation and practice of its application.

Key Terms in this Chapter

3D Printing: A production of bulk products by applying the material using the print head, nozzle, or other printer components.

Harm to Health: A violation of the anatomical integrity or physiological function of human organs and tissues as a result of physical, chemical, biological exposures, disease, disability, or death.

Food Quality: A set of characteristics of food products capable to meet human needs for food under normal conditions of their use.

Codex Alimentarius (Food Code): A collection of standards, guidelines, norms, and rules approved by the Codex Alimentarius Commission.

Safe Product: A product that does not contain hazards to human life and health, i.e. a product not expected to produce adverse effects on health, the risk of which must be avoided (prevented).

Food Safety: A state of reasonable confidence that food products are not harmful under normal conditions of their use and do not pose risks to the health of present and future generations.

Ensurance of Food Safety: A monitoring of compliance with the requirements of Russia’s legislation in the spheres of agriculture, fishery products, and food, including imported ones, at all stages of their production, storage, transportation, processing, and sale.

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