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The law does not directly stipulate the penalty that should be exempted, and the law stipulates that in addition to the loss of food that meets the food safety standards of the production department, the consumer can also demand compensation from the producer and the latter operator for ten times the price or three times the loss.
Food Safety Law
Article 148: If a consumer suffers damage due to food that does not meet food safety standards, he or she may claim compensation from the operator or the producer. Producers and operators who receive consumer compensation requests shall implement a first-bear responsibility system, pay compensation first, and must not pass the buck; If it is the responsibility of the producer, 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.
If a consumer produces food that does not meet food safety standards or sells food that he knows does not meet food safety standards, in addition to claiming compensation for losses, he or she may also demand compensation from the producer or operator for ten times the price or three times the loss; Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB. However, there are exceptions to the defects on the labels and instructions of the food that do not affect food safety and will not mislead consumers.
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There is no legal basis, but it can be used as a reason for the two parties to negotiate, because this situation may affect your health, it may be serious, so the restaurant will generally compromise.
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Yes, if you find it in the food, you can ask for a waiver, and at the same time, you can also ask for compensation, the compensation standard is clearly stipulated by the country, it is the amount you consume multiplied by 10, that is, you spend 100 yuan, he will compensate you 1000 yuan, if you don't compensate you, you can find a health and epidemic prevention station, they solve it, and they will also compensate according to the national standard, 1 to 10
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There is no legal basis for the parties to negotiate.
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Hello, according to Article 9 of the Food Sanitation Law of the People's Republic of China, food processors are prohibited from producing and operating the following foods: spoilage, rancidity, mildew, insects, filth and uncleanness, mixed with foreign substances or other abnormal sensory properties, which may be harmful to human health.
In addition, according to Article 42 of the Food Sanitation Law of the People's Republic of China, anyone who violates the provisions of this law by producing and trading food that is prohibited from production and operation shall be ordered to stop production and operation, immediately announce the recall of the food that has been sold, destroy the food, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income; where there are no unlawful gains, a fine of between 1,000 and 50,000 RMB is to be imposed. If the circumstances are serious, the health permit shall be revoked.
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Call 12331 to report a complaint.
Grounds for rights protection. Cockroaches are mixed with the food, causing contamination of the food and bringing harm to our health, although this harm is not visible at this moment.
The store is at fault. In fast food, the appearance of cockroaches indicates that the hygiene of the store is not up to standard, breeding cockroaches, and the staff does not operate according to the regulations.
Ways to defend your rights. When you encounter such problems, you can negotiate and communicate with the store first.
The result of the rights protection. One is to obtain additional lead and monetary compensation, which is unlikely, unless there is a medical bill issued by the hospital after there is a problem with physical health; the second is free order, which is very likely and often used by stores; Third, the regulatory department will order rectification according to the problem of the store's illegality, and judge whether to impose a fine or confiscate according to the specific problem.
Defending one's rights may not make up for the injuries we have suffered, but the store will have to pay for his mistakes.
Catch it alive, come to a plate of old godmother fried cockroaches to ensure that the guests are like clouds.
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