Joke Collection Website - Mood Talk - The Food Law stipulates how to compensate for eating foreign objects.
The Food Law stipulates how to compensate for eating foreign objects.
1. How to compensate for eating foreign bodies in food 1. When food eats foreign objects, consumers can demand ten times compensation from the merchants in addition to returning the price. 2. Consumers may demand compensation of ten times the price or three times the loss from the producers and operators for producing food that does not meet the food safety standards or operating food that they know does not meet the food safety standards. 3. Article 148 of the Food Safety Law stipulates that consumers may claim compensation from the operators or producers if they are damaged by eating food that does not meet the food safety standards. 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; If it is the producer's responsibility, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation. Second, the relevant legal basis Article 124 of the Food Safety Law violates the provisions of this law, and under any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and illegal production and operation of food and food additives, and may also confiscate tools, equipment, raw materials and other items used for illegal production and operation; If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed; If the circumstances are serious, the license shall be revoked: (1) producing and operating pollutants such as pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other foods and food additives with substances harmful to human health exceeding food safety standards; (2) using food raw materials and food additives beyond the shelf life to produce food and food additives, or dealing in the above-mentioned food and food additives; (three) the production and operation of food that uses food additives beyond the scope and beyond the limit; (four) the production and operation of food and food additives that are spoiled, rancid, moldy, unclean, mixed with foreign substances, adulterated or have abnormal sensory properties; (five) the production and operation of food and food additives with false production date, shelf life or beyond the shelf life; (six) the production and operation of health food, formula food for special medical use and infant formula milk powder that are not registered according to the regulations, or the organization of production according to the registered product formula and production technology requirements; (seven) packaging the production of infant formula milk powder, or the same enterprise uses the same formula to produce different brands of infant formula milk powder; (eight) the use of new food raw materials to produce food, or the production of new varieties of food additives, failed to pass the safety assessment; (nine) food producers and business operators have been ordered by the food and drug supervision and administration department to recall or suspend business, but still refuse to recall or suspend business. Third, how to protect the rights of foreign objects in catering consumption 1. Regarding consumers' viewpoint of "how to compensate for eating foreign objects", the staff of Consumers Association believe that foreign objects such as hair and mosquitoes are found in food when customers consume, which is a food quality problem. According to the relevant provisions of the Consumer Protection Law, hotel operators should exchange or return goods according to the requirements of consumers, but specific issues can be resolved through consultation. At the same time, consumers should keep food samples and proof of consumption, and complain to the Consumers Association, industry and commerce, health departments and health supervision departments in time. So that the relevant departments can inspect and punish the hotels with problems. If there are adverse reactions after eating, you need a hospital certificate (such as medical records and outpatient records), and the hotel will be responsible for the related expenses such as medicines. 2. In addition, the staff of Consumers Association reminded that in case of such problems, it is also the best safeguard to ask the restaurant for proof rationally. Most of the foreign bodies in meals are handled free of charge, but the restaurant should take full responsibility for the health problems caused by foreign bodies afterwards. "But in practice, the restaurant passed the buck afterwards. In this case, there must be evidence of hospital diagnosis and eating in a restaurant. 3. Disputes over consumers' rights and interests between consumers and business operators can be resolved through the following channels: (1) through consultation with business operators; (2) Requesting consumers' associations or other mediation organizations established according to law to mediate; (three) to complain to the relevant administrative departments; (four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration; (5) bring a lawsuit to the people's court. Bian Xiao's summary ends here. If you still have relevant legal advice or other matters you don't understand, please come to consult the law and provide professional legal consulting services. A professional team of lawyers will answer your questions, and we will provide you with solutions according to the actual situation.
Legal objectivity:
Article 148 of the Law on Food Safety Production: Consumers who produce food that does not meet food safety standards or knowingly operate food that does not meet food safety standards may demand compensation of ten times the price or three times the loss from the producers or operators. If the additional compensation amount is less than 1000 yuan, it is 1000 yuan. However, the labels and instructions of food have the defects of not affecting food safety and not misleading consumers.
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