? According to Article 148 of the Food Safety Law: Consumers do not meet the requirements? If food with food safety standards is damaged, it may claim compensation from the operator or producer. The producers and operators who accept the consumer's claim for compensation shall implement the first responsibility system, pay in advance, and shall not shirk;
? Is it necessary to ask the other party for compensation after the actual damage occurs? Don't!
? According to Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Food Safety (I)? If the food does not meet the food safety standards, the consumers claim that the producers and operators should bear punitive damages according to the provisions of the second paragraph of Article 148 of the Food Safety Law, and the producers and operators plead that they have not caused personal injury to the consumers, the people's court will not support it. Therefore, there is no need to demand punitive damages when consumers are actually harmed.
? Article 148 of the Food Safety Law also stipulates that in addition to demanding compensation for losses, consumers may also demand compensation of ten times the price or three times the loss from the producers and operators, and the amount less than 1,000 yuan shall be calculated as 1,000 yuan. In short, consumers can claim compensation as long as they buy foods that are spoiled, rancid, moldy, unclean, adulterated or have abnormal sensory properties.
202 1 and 1 came into effect in the Judicial Interpretation on the Trial of Civil Disputes over Food Safety, which gave clear answers to a series of problems encountered by consumers in their lives.
1. How can the compensation standard promised by the merchant be higher than the legal standard?
Judicial interpretation: if you agree, you can't break the contract!
2. The e-commerce platform did not register the food business operators with their real names?
Judicial interpretation: bear joint and several liability!
3. E-commerce platform standard "self-operated" sales problem food?
Judicial interpretation: the platform also has a responsibility!
As long as there is nothing wrong with the problem food, there is no need for punitive damages?
Judicial interpretation: no!
5. If the problem food does not cause personal injury to consumers, is it unnecessary to bear punitive damages?
Judicial interpretation: punitive damages are not based on the premise of causing personal injury!
In case of food problems, we suggest taking the following actions to protect rights:
It is very important to keep the evidence and take photos at the first time. Especially those with watermarks.
Contact the merchant or operator immediately to negotiate.
According to the situation, you can contact the manufacturer for claim.
If negotiation fails, you can call 123 15, Baidu local area code+123 15, or complain on the app. In short, when encountering food quality problems, we must actively and bravely defend our rights. Protect evidence.
Food safety is greater than the sky. Speaking of food safety, we call on everyone to protect their rights reasonably and legally. We complain for supervision, to make food safer, not to make false complaints for personal benefit.