How to claim a bad stomach in a restaurant

Legal analysis: You can claim compensation for a bad stomach in a restaurant, and you can demand compensation from the producer or operator for ten times the price or three times the loss.

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.

The compensation plan for a bad stomach in the restaurant is:

1. You can apply for compensation, and you can get up to 10 times the compensation paid;

2. In addition to receiving ten times the compensation, you can also apply to the competent department for administrative treatment, and you can be fined 20,000 yuan according to law;

3. When customers encounter foreign bodies such as hair and mosquitoes in the food, it is a food quality problem. According to the relevant regulations, the hotel operator shall exchange or return the goods for the consumer according to the request of the consumer, but the specific problem can be resolved through negotiation;

4. At the same time, consumers should keep food samples and dining certificates, and promptly complain to the Consumer Association, industry and commerce, and health departments to the health supervision department. so that the relevant departments can inspect and punish the hotels that have problems;

5. If there is an adverse reaction after eating, the hospital needs to prove it, and the hotel will be responsible for medicine and other related expenses.

Legal basisArticle 85 of the Food Safety Law of the People's Republic of China.

Food inspections are carried out independently by inspectors appointed by the food inspection agency.

The inspector shall inspect the food in accordance with the provisions of relevant laws and regulations, and in accordance with food safety standards and inspection specifications, respect science, abide by professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and shall not issue false inspection reports.

Article 86.

Food inspection implements the responsibility system of food inspection institutions and inspectors. The food inspection report shall be stamped with the official seal of the food inspection institution and shall be signed or sealed by the inspector. Food inspection institutions and inspectors are responsible for the food inspection reports issued.

The tips for claiming bad stomach in restaurants are as follows:

2: Compensation is a small matter, and evidence collection is the key. Don't worry about compensation, pack the meals you have eaten separately, and then don't leave, and call the local food and drug department to complain**12331, telling them which restaurant they have eaten badly.

If you don't just ask for compensation, people should say that you didn't eat at my place, you have enteritis. Compensation is a small matter, and evidence collection is the key.

Legal analysis: You can call 110 or the Food and Drug Administration to complain and report **12331 as soon as possible, and report to the Food and Drug Administration and the disease control department for consultation, and at the same time, keep the relevant bills and doctor's diagnosis certificates, and collect vomit or excrement if possible, as well as the leftover food eaten.

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

Article 55: Catering service providers shall formulate and implement requirements for the control of raw materials, and shall not purchase food raw materials that do not meet food safety standards. Advocate catering service providers to disclose the processing process, publicize food raw materials and their information and other information.

Catering service providers shall inspect the food and raw materials to be processed during the processing process, and shall not process or use them if they are found to have the circumstances provided for in item 6 of Article 34 of this Law.

Article 56: Food and beverage service providers shall regularly maintain facilities and equipment for food processing, storage, and display; Regularly clean and calibrate insulation facilities, refrigeration and freezing facilities.

Food and beverage service providers shall clean and disinfect tableware and drinking utensils as required, and must not use tableware or drinking utensils that have not been cleaned and disinfected; Where catering service providers entrust the cleaning and disinfection of tableware and drinking utensils, they shall entrust a centralized disinfection service unit for tableware and drinking utensils that meets the requirements of this Law.

Legal analysis: The hotel can be required to compensate for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, etc., as well as the loss of income due to the delay in the wheel. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.

Legal basis: Regulations for the Implementation of the Law of the People's Republic of China on the Safety of Eating Ant Rock Products

Article 2 Food producers and traders shall engage in production and business activities in accordance with laws, regulations and food safety standards, establish and improve food safety management systems, take effective measures to prevent and control food safety risks, and ensure food safety.

Article 3 The Food Safety Committee is responsible for analyzing the food safety situation, researching and deploying, coordinating and guiding food safety work, proposing major policy measures for food safety supervision and management, and supervising the implementation of food safety supervision and management responsibilities. The local people's food safety committee at or above the county level shall carry out its work in accordance with the responsibilities stipulated by the people at the same level.