If the body hair eaten in food is true, according to the provisions of the Food Safety Law, the food does not meet the food safety standards, or knows that the food does not meet the food safety standards, consumers can demand compensation of ten times the price or three times the loss from the producers and operators. If the additional compensation amount is less than 1000 yuan, it is 1000 yuan.
Case:
On the afternoon of June 65438+ 10/8, Ms. Sun, a citizen of Yinchuan, reported to the news hotline that she bought a cake with a price of more than RMB 1 00 in a cake shop in jinfeng district on June 65438+10/8. The next morning, when her family ate it, they found one of the cakes. Shops want compensation, and consumers insist on finding reasons. Zhang Li, chief of the Reporting and Complaint Management Section of Yinchuan Municipal Market Supervision Administration, said in an interview that foreign bodies in food are inevitable.
The reporter learned that on June 65438+ 10/day, Ms. Sun took her children to buy new caterpillars, crispy coconuts, chocolates and other cakes at Aili cake shop in Fuzhou South Street, jinfeng district. On the morning of the 2nd, when my 8-year-old daughter was having breakfast, she found a curly hair in the cake. After hearing her daughter's question, Ms. Sun took a closer look. It was not like hair, but like body hair from other parts of the human body, and immediately stopped the child from eating. In the afternoon, Ms. Sun asked the cake shop manager to explain the situation and asked why. The manager said that this situation needs to be reported to the superior. Shortly after Ms. Sun left the cake shop, the manager called and offered to compensate Ms. Sun 200 yuan to settle the matter. Ms. Sun said that she didn't want to pay compensation, but she wanted to know why body hair appeared in the cake. Is the production of Ellie cake safe or not? Subsequently, two staff members of Aili Cake Shop contacted Ms. Sun, hoping to solve the problem through compensation. For the "statement" that Ms. Sun wanted, the other party did not give an explanation. One of the responsible persons asked Ms. Sun to send the cake to Aili Cake Factory for testing and identification. Ms. Sun said that it is necessary to keep the evidence, even if it is sent, it should be sent to the market supervision and management department or the consumer rights protection association to "find out the truth". At the insistence of Ms. Sun, on the afternoon of the 3rd, the staff of Aili Cake Shop went to the residential area where Ms. Sun lived to take photos of the problem cake.
The reporter contacted Wu Jingli of Aili Cake Shop, and he said that the cake is produced and processed by the factory, which needs another department of the cake factory to explain. Mr. Liu, who claimed to be in charge of cake quality management, said that they didn't get the cake and couldn't identify the problem cake as Ellie's product.
1June 10, Yinchuan municipal market supervision and management department mediated the complaints of both parties, and no consensus was reached. Ellie cake staff still want to solve the problem through compensation, but Ms. Sun refuses to accept it. She said that simply paying a few hundred yuan can't fundamentally solve the problem, and it is impossible to say that one day there will be a safety hazard of unknown body hair in the cake again. Ms. Sun insisted that Aili Cake be responsible for the quality of the cake she produced, explained why there were such disgusting foreign bodies in the cake, and hoped that the other party would eliminate food safety hazards through rectification.
The head of the Reporting and Complaint Management Section of Yinchuan Municipal Market Supervision Administration told the reporter that the Market Supervision Administration had received a complaint from Ms. Sun, a consumer, and the staff of the branch would go to Aili Cake Shop to investigate how this foreign body was caused and how it was possible to let the hair in. Zhang Li also said that it is impossible and unrealistic to become a food company without any defects.
Legal basis:
Article 126 of the Food Safety Law of People's Republic of China (PRC) violates the provisions of this law, and in any of the following circumstances, the food and drug supervision and administration department of the people's government at or above the county level shall order it to make corrections and give a warning; Refuses to correct, a fine of five thousand yuan and fifty thousand yuan; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked:
(1) The producers of food and food additives fail to inspect the purchased food raw materials and the produced food and food additives as required;
(2) The food production and marketing enterprise fails to establish a food safety management system as required, or fails to equip, train and assess food safety management personnel as required;
(3) The producers and operators of food and food additives fail to check the licenses and relevant supporting documents when purchasing, or fail to establish and abide by the systems of incoming inspection records, ex-factory inspection records and sales records in accordance with the regulations;
(four) the food production and operation enterprises have not formulated the food safety accident disposal plan;
(5) Tableware, drinking utensils and containers for directly-eaten food are not cleaned and disinfected before use, or catering service facilities and equipment are not regularly maintained, cleaned and calibrated according to regulations;
(6) Food producers and business operators arrange personnel who have not obtained health certificates or suffer from diseases that hinder food safety as stipulated by the health administrative department of the State Council to engage in the work of contacting directly imported food;
(seven) the food business operator fails to sell food as required;
(eight) the health food production enterprise fails to file with the food and drug supervision and administration department in accordance with the provisions, or fails to organize production in accordance with the technical requirements such as product formula and production technology for the record;
(nine) infant formula food production enterprises have not filed food raw materials, food additives, product formulas and labels with the food and drug supervision and administration department;
(ten) the special food production enterprise fails to establish the production quality management system and operate effectively according to the regulations, or fails to submit the self-inspection report regularly;
(eleven) the food producers and operators did not regularly check and evaluate the food safety situation, or the production and operation conditions changed, and did not deal with it according to the regulations;
(twelve) schools, kindergartens, pension institutions, construction sites and other centralized dining units failed to fulfill the responsibility of food safety management;
(thirteen) food production enterprises and catering service providers fail to formulate and implement the control requirements of production and operation process according to the regulations.
If the centralized disinfection service unit of tableware uses detergents and disinfectants in violation of the provisions of this Law, or if the tableware delivered from the factory fails to pass the inspection in accordance with the provisions and is accompanied by the disinfection certificate, or fails to mark the relevant contents on the independent packaging in accordance with the provisions, the health administrative department of the people's government at or above the county level shall punish it in accordance with the provisions of the preceding paragraph.
Where the producer of food-related products fails to inspect the food-related products produced in accordance with the provisions, the quality supervision department of the people's government at or above the county level shall be punished in accordance with the provisions of the first paragraph.
Whoever sells edible agricultural products in violation of the provisions of Article 65 of this Law shall be punished by the food and drug supervision and administration department of the people's government at or above the county level in accordance with the provisions of the first paragraph.