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Legislative Development of Food E-commerce Regulation in China

Pinghui Xiao


Food e-commerce or online food trading in China has dramatically changed the landscape of its food safety in particular in the wave of rising online food platforms, which create market failure. In response, China brings its own regulatory approach. This paper illustrates the legislative development of food e-commerce regulation in China and explores the challenges it faces. Part I will provide a brief history of the development of China's Internet industry and food e-commerce and then analyse the market failure it creates. Part II will detail legislative development in China to deal with the market failure resulting from food e-commerce. To achieve the goal, this part will make an in-depth legal analysis of relevant food e-commerce legislation and assess the functioning of the legislation. Part III will explore current challenges that food e-commerce regulation faces in China in light of China's continuing evolution of food e-commerce business models. Part IV will conclude.

Dr. Pinghui Xiao is a senior lecturer at Law School, Guangzhou University, China. He worked in Institute of Executive Development, China Food and Drug Administration (CFDA) as an in-house post-doctoral researcher between 2015 and 2017. He obtained his PhD in law from University of South Australia in 2013. Acknowledgement: The paper is a research output of the project entitled ‘A Study of Online Food Regulation’ supported by Humanities and Social Sciences Fund of Ministry of Education, China. It is partially based on the author’s past work in CFDA between 2015 and 2017, where he participated to draft laws and rules relating to food e-commerce. This paper is the second of the author’s ‘Food and Drug E-commerce Law Article Series’. Views expressed here are only of the author and shall not be construed as representing any organizations that the author used to work or is working for. The author can be reached at <mailto:pinghui.xiao@hotmail.com>.

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