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| Identification of medicine and food homology in food safety：an example of clove leaves |
| Received:May 23, 2023 |
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| KeyWord:Food Safety Law;medicine and food homology;food safety standard;clove leave;agricultural product |
| Author Name | Affiliation | E-mail | | WANG Qing | Procuratorial Technology and Information Research Center, Supreme People's Procuratorate, Beijing 100144, China | | | ZHANG Qing | Procuratorial Technology and Information Research Center, Supreme People's Procuratorate, Beijing 100144, China | | | Lü Jungang | Procuratorial Technology and Information Research Center, Supreme People's Procuratorate, Beijing 100144, China | sdtaljg@163.com |
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| Abstract: |
| Article 38 of the Food Safety Law stipulates that "drugs shall not be added to food for production and operation, but substances that are both food and traditional Chinese medicinal materials can be added." However, the boundary between food and traditional Chinese medicine is unclear; whether the food and agricultural products listed in the Chinese Pharmacopoeia or other Chinese medicinal materials meet food safety standards is controversial in judicial practice. This article introduces the concepts and meanings of medicine and food homology, analyzes cases related to clove leaves on the China Judgements Online, and proposes some recommendations. The relevant administrative departments should improve food standards, the law enforcement or judicial departments should unify identification standards for food and drug substances, and local governments should increase safety research on agricultural products to ensure food safety. |
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