目前基层食品药品监管部门已开始普遍接手保健食品化妆品监管,但是,食品药品监管部门在接手之前就发现以往保健食品化妆品监管力度就较弱,究其根源,在于执法依据严重不足,内容严重滞后,依法监管难以取得预期食品药品监管效果,食品药品监管部门接手了一个烫山芋,主动作为依据不足,难点和矛盾重重,完全不作为也会陷入违法境地。因此,当务之急是要全面分析现有法律依据,找到问题根源,明确食品药品监管部门如何作为才不违反法治行政的原则。 At present, grass-roots food and drug regulatory authorities have begun to generally take over the regulation of cosmetics for health foods. However, before taking over, the food and drug regulatory authorities found that the regulatory efforts of cosmetics for health foods were weaker in the past. The root cause lies in the serious lack of law enforcement and the lag in content, It is difficult to obtain the expected regulatory effect of the food and drug administration according to the law. The food and drug regulatory department took over a hot potato and took the initiative as a basis for lacking, difficulty and contradictions. Therefore, it is imperative to analyze the existing legal basis in an all-round way, find out the source of the problem, and clarify how the food and drug regulatory authorities act as the principle of rule of law administration.