Should I pay for the 1,000 yuan mental damage caused by eating cockroaches in the meal?

If it is true that the food with cockroaches is bought in a restaurant or takeaway restaurant, then according to the provisions of Article 124, Paragraph 1, Item 4 of the Food Safety Law, the restaurant or takeaway restaurant constitutes abnormal production and operation of food, and the consumer may request compensation from the merchant in accordance with Article 148 of the Food Safety Law, including the cost of purchase and possible medical expenses, etc., and if the compensation amount is less than 1,000 yuan in accordance with the provisions of the law, it shall be calculated as 1,000 yuan.

Therefore, if it is true that the cockroaches are eaten, you can ask the store to compensate 1,000 yuan in accordance with the food safety law, note that this is not a mental damage fee but a compensation for the other party's sale of abnormal food.

If there are cockroaches in the meal, you can actually get a free order or a little compensation, but it is indeed a bit exaggerated to ask for a loss fee of 1,000 yuan.

It must be compensated for this mental damage, but I think it is really too much for you to ask for 1,000 yuan, you can ask for a few hundred yuan, because it is not easy to do business in the hotel, so the two parties should be considerate of each other.

1. How to compensate for cockroaches when eating.

1. Eating cockroaches belongs to consumers who have received damage due to food that does not meet food safety standards, because they belong to the field of food safety, so consumers can request a refund of one and ten compensation, that is, consumers can not only claim compensation from the merchant, but also ask the merchant to pay ten times the price or three times the loss of compensation, and if the compensation amount is less than 1,000 yuan, it is 1,000 yuan.

2. 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.

2. What should be paid attention to in food safety complaints?

Precautions for food safety complaints are as follows:

1. The scope of acceptance of food safety complaints and reports includes the production and sale of inferior food, food poisoning, poor food hygiene, poor personal hygiene of food workers, sales of moldy, spoiled, expired food and other behaviors that infringe on the rights and interests of consumers and do not meet the requirements of food hygiene laws and regulations;

2. Complaints and reports must be timely and reported to the local health administrative department as soon as possible after the incident, so that the health administrative department can investigate and deal with it in the first time and safeguard the rights and interests of consumers. For example, when food poisoning occurs, some consumers want to be private with the restaurant in order to obtain a certain compensation, and often think of complaints and reports when they are not private, at this time the best time to investigate and deal with food poisoning has been lost, the suspicious food is destroyed, the processing operation site is cleaned and disinfected, the poisoned person has been **, and the health administrative department can not get strong evidence. At this time, if the hotel repents and refuses to admit the bill, it will be difficult for the health administrative department to help the injured consumer recover his rights and interests.