剖析日本肯定列表制度——对设立“一律标准”及其科学性的思考(二)

<正>日本“肯定列表制度”(Positive List System),以厚生劳动省2005年第497号公告的形式规定了“一律标准”(the Uni- form Limit),对“豁免物质”之外且无特定最大残留限量标准的农业化学品,规定其在食品中的含量不得超过0．01毫克／千克的标准。“一律标准”是“肯定列表制度”的本质和核心内容,从根本上改变了日本对食品中农业化学品残留的管理规定,管辖的农业化学品品种和食品种类

Serial Analyses on Positive List System of Japan: A Discussion on the Establishment of the Uniform Limit and Its Scientific

Japan is not the first country who introduced the Uniform Limit. The result of an investigation on relevant regulations and standards of agricultural chemical residues shows that there are 3 countries and region besides Japan, which are EU, Canada and New Zealand, established the Uniform Limit in their law. A research on these Uniform Limits indicated that Japan is the only country who actually adopted the value of 0.01mg/kg during the management of agricultural chemical residues in foods. It is obviously unscientific under Japan's Uniform Limit for those agricultural chemicals whose ADIs have been set since the protection level will be too high according to Japan's Uniform Limit, implying the contrary to WTO rules and the unnecessary interruption to agricultural production and trade. During the first 3 months of implementation for the Positive List System, the Uniform Limit has already shown its important effect on the management of agricultural chemical residues in Chinese products. According to the violation cases of Chinese agricultural and food products relative to the Uniform Limit, in the aspect of the establishment of technical barriers to trade the Uniform Limit undoubtedly provides legal basis for Japan's setting trade barriers and making effects on imported products at will. For the exported countries, it is difficult to effectively reply on the Uniform Limit prob