在分散与统一之间——美国食品安全监管事权划分探析

美国食品安全事权划分,在形式上呈现分散特征,联邦层面有十多个机构参与食品监管事务,州、地方、部落、领地有3000多个独立的监管机构来保障本地食品安全,这种分散特征主要是由美国的宪政体制、权力结构的分散性和政策输出的不确定性造成的。但在实际运行过程中,各监管机构之间通过正式的和非正式的协调活动,彼此之间分享了权力,共享了食品安全监管标准,达到了一定的统一性。我国食品安全事权划分可在明晰监管机构间的责任、保持事权划分稳定性以培养专业能力、建立倒金字塔式的监管任务结构方面借鉴美国的经验。

Between Dispersion and Unity: An Exploration of American Oversight Food Safety System

The U.S. food safety system has a dispersion nature in the forms. On the federal level, the safety and quality of food supply are governed by more than 10 federal agencies. The federal food safety system is supplemented by states, localities, tribes, and territories, which may have their own laws and agencies to address the safety and quality of food. In all, more than 3,000 nonfederal agencies perform food safety activities.This dispersion nature is mainly caused by the American constitutional system, the dispersive power structure and the uncertainty of policy output. However, in the actual operation process, The U.S. food safety system achieves a certain unity that food safety agencies share power and oversight standards with each other through formaland informal coordination activities.The division of food safety authority in China can draw on the experience of the U.S. in clarifying the responsibilities between food safety agencies, maintaining the stability of the division of authority so as to cultivate professional competence and establishment of inverted pyramid structure of oversight task.