Food Safety Law Eat Foreign Bodies Compensation of 1,000 Yuan?

Legal analysis: If a foreign object is eaten in food, the operator can be required to pay 10 times the price or 3 times the damage; Where the amount of increased compensation is less than 1,000 RMB, compensation is to be made in accordance with 1,000 RMB. 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.

Legal basis: Article 148 of the Food Safety Law of the People's Republic of China: 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.

Legal Analysis] If the food foreign body merchant refuses to compensate 1,000 yuan, he can complain and report to the local industrial and commercial department, and the industrial and commercial department will conduct a detailed investigation after receiving the complaint, and then wait for the industrial and commercial processing results. In addition to this method, it is also possible to hit consumer associations.

** To complain, it is also useful. Consumers should pay attention to the fact that in the case of unsuccessful negotiation between the merchant and the foreign object of food, they should not use violence or keep entangled with the merchant, otherwise it is not conducive to protecting their legitimate rights and interests. According to the relevant provisions of the Food Safety Law, if a foreign body is eaten in food, you can not only ask for a refund of the price of the food, but also ask the operator to pay ten times the price or three times the loss of compensation, and if the amount of compensation is less than 1,000 yuan, you can compensate according to 1,000 yuan.

Legal basis] Food Safety Law of the People's Republic of China.

Article 148: Consumers are found to be guilty of not meeting food safety standards.

If the food is damaged, the producer or operator may be required to pay compensation of ten times the price or three times the loss, and if the amount is less than 1,000 yuan, the compensation shall be 1,000 yuan. The law is nothing more than human favors, and if the merchant has a good attitude and apologizes, he can also choose to change the food or lower the compensation claim.

The compensation method for eating foreign objects under the Food Safety Law is as follows:

1. If a foreign object is eaten in food, the consumer can ask the merchant for ten times the compensation in addition to requesting a refund of the price;

2. If the consumer produces food that does not meet food safety standards or operates 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;

3. 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.

4. General injury compensation and medical expenses, that is, the expenses incurred by the victim to recover his health after being injured, including medical expenses, transportation expenses, nutrition expenses, hospitalization expenses, etc. Nursing expenses, i.e., the expenses incurred by the victim in the hospital for the care of the victim in accordance with the doctor's instructions;

5. Where a person is disabled, in addition to medical expenses, nursing expenses, and lost work expenses, living allowances shall also be compensated, and the standard for determining expenses shall be determined according to the degree of disability of the victim and the possible reduction of income after disability, the cost of self-help equipment for the disabled, such as prostheses, wheelchairs, etc., the living expenses of the dependents and supporters before death, and disability compensation;

6. In the case of death, the following expenses shall also be paid: funeral expenses, which shall be determined according to the standard of local general funeral expenses, and the living expenses of the dependents during their lifetime, including grandparents and parents who have lost the ability to work or engaged in paid work, children under the age of 16, grandchildren under the age of 16 whose parents are deceased or who do not have the ability to work or are not engaged in paid work, and younger siblings who are supported by the deceased before their death and are under the age of 16.

To sum up, the standard of compensation for foreign objects eaten in food is: compensation for the corresponding loss, and pay compensation of ten times the price or three times the loss as required.

Legal basis]:

Article 2 of the Food Safety Law of the People's Republic of China.

Those who engage in the following activities within the territory of the People's Republic of China shall comply with this Law:

1) Food production and processing (hereinafter referred to as food production), food sales and catering services (hereinafter referred to as food business);

2) production and operation of food additives;

3) The production and operation of packaging materials, containers, detergents, disinfectants and tools and equipment used for food production and operation (hereinafter referred to as food-related products);

4) The use of food additives and food-related products by food producers and traders;

5) The storage and transportation of foodstuffs are closed;

6) Safety management of food, food additives, and food-related products. The quality and safety management of primary products derived from agriculture (hereinafter referred to as edible agricultural products) for consumption shall comply with the provisions of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products. However, the market sales of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information and the provisions of this Law on agricultural inputs shall comply with the provisions of this Law.