The 315 party is shocking, where is food safety going?The “starch sausage” collapsed house, duck blood contains formaldehyde, lymphatic meat for plum vegetable buckle meat, as well as tea hundreds of tea, ancient 茗, Baicuo gardens, and boasting father fried … “Fortunately. “So, what are the difficulties of food consumption rights?How to avoid buying unsafe foods?Tencent News and Elephant News jointly launched a series of public welfare law live broadcast columns of the “People’s Micro Law House”, inviting expert lawyers to conduct themes of themes of the theme of the Case Declaration Law on hot events.This issue is the 14th issue of the series. The invited guests are Wang Xinyi, a lawyer of Beijing Zhonglun Wende (Zhengzhou) Law Firm.
The following is the actual record of the interview.
Elephant News: In the past year, the hottest word in the consumer field is prefabricated dishes.With convenience and fast, prefabricated dishes make people’s dining tables richer.This year’s Spring Festival, regardless of the major online e -commerce platforms or offline Shangchao stores, the sales of prefabricated dishes have continued to become popular, becoming the “top flow” of prefabricated dishes.Fuyang City, Anhui Province is one of the main producing areas of Mei cuisine buckle prefabricated dishes. There are nearly sixty local production enterprises that produce plums and meat -breasted meat.This year’s 315 party exposed three problems in the production of prefabricated dishes in Fuyang enterprises. In particular, it was shocking to use the “groove -headed meat” with lymph nodes and thyroid gland to make plums.How can customers buy the plum -buckling products of these manufacturers sold in the live broadcast room?
Wang Xinyi: At present, I learned that the selection of Oriental was also involved in one of the platforms in the Meat Capital incident.After the media exposed, the Eastern Selection issued a statement that customers could apply for refund directly on the products they bought.If the merchant’s refund is not timely, the Eastern selection will be paid first.At the same time, the Oriental Selection Association urged merchants to provide authoritative security related certificates. If merchants cannot provide strong evidence, the Oriental selection will be further compensated to consumers while refunding.Of course, the selection of Oriental will definitely sue to the salesperson and the manufacturer afterwards.Oriental selection is worthy of recognition in this incident.Consumers can actively communicate with the company affiliated to the live room, or complain to relevant departments.
Elephant News: Oriental selection belongs to a comparison live broadcast platform. If consumers are products bought at some small outlets and unknown anchors, how should they protect their rights?What should I do if the other party is unwilling to refund the compensation?
Wang Xinyi: If consumers buy these foods with problems with problems, first contact the company that belongs to the anchor of the goods.According to the relevant provisions of the Consumer Rights Protection Law, the products sold by sellers are unqualified, and the live broadcast company is responsible for changing quality products for consumers or refunding.If the refund is not refunded in a timely manner, consumers can call the Market Supervision Administration’s complaint hotline, request relevant departments to intervene, and impose corresponding penalties for the live broadcast company.After the punishment, if you have physical discomfort due to food quality, you can also preserve relevant evidence to the court to file a lawsuit.These are available for rights protection.
Elephant News: According to media reports, the three exposed companies in Fuyang have previously recorded a record of being punished by the management department, and the products found in the previous inspection are also the pre -production of Mei cuisine that was exposed.Among them, Mr. Anhui Kitchen Food Co., Ltd. had just been punished last month.Excuse me, how is the fines for the fines of these problems?
Wang Xinyi: The Food Safety Law has a corresponding punishment standard for various issues and circumstances.Among them, Article 124 stipulates that if the value of food and food adding foods that illegally produces and operates less than 10,000 yuan, it will be fined 50,000 yuan or less;The value of the value of the goods is more than ten times or less than twice or less; if the circumstances are serious, the license is revoked.The basis for Mr. Kitchen is the fake labeling production date. Although the value of the value exceeds 10,000 yuan, it may be considered a factors that have not been sold, and the amount of nearly 50,000 yuan will be finalized.
Elephant News: Young people who pursue clean ingredients are turned next to the grilled intestine stalls in the streets and alleys. They ate two or three dollars of roasted starch into a “net red snack”.Although it is called “starch sausage”, the first place in the ingredients is meat.”There are meat, there are very few meat.” The staff of a starchy manufacturer in Henan revealed to reporters, “Chicken and chicken bone mud are cheaper, most of which are cheaper, most of them are starch.”There is no special national standard for starch sausages. The prices of roasted starch sausage in roadside stalls across the country are generally 2-3 yuan/root. In the wholesale market, the price of starch sausage is about 0.5-0.6 yuan/root, and the cost price of factory production is lower.What are the differences between starch sausage and the criteria for the identification of ham sausage we are familiar with?
Wang Xinyi: From the perspective of the public, it is possible that the starch sausage should be classified as the ham sausage regardless of the shape and taste.But legal, ham sausage has special national standards, but the starch sausages are not.As long as the compulsory provisions of laws and regulations are not violated, enterprises can formulate their own corporate standards for the starch sausage produced, and generally mainly refer to the national standards of starch.This is the main difference between starch and ham sausage.
Elephant News: Chicken bone mud itself is harmless to the human body. Is it illegal to add this in the starch sausage?
Wang Xinyi: According to the current laws and regulations, as long as it meets the relevant standards, it is not illegal.Chicken bone mud itself is a kind of food raw material, but the nutrients are not as good as chicken, so it is not worthless, let alone harmful, it is edible.When adding chicken bone mud to the starch intestine, it meets national security standards and clearly marked ingredients. It is not illegal.
Elephant News: After the “starch intestine collapsed house” caused heated discussions, a number of food companies issued a statement that a starchy sausage manufacturer in Shandong publicly produced the production process and denied the use of chicken bone mud in starch sausages.These declarations obviously failed to play a role in fixed scores.The aunt out of the stall sells starch sausages for 2 hours and no one asked. The starch sausage little prince was broadcast live by tens of thousands of people at the same time.Where should the starch intestine go from?
Wang Xinyi: The reason why starch sausage causes such controversy is mainly caused by the opaque information and irregular production and production.Like the starch sausage bought by most netizens on the roadside stalls, the stall owners are prepared in advance, without corresponding outer packaging, and no related product information. They are even placed directly on the grill by some roadside stalls and baked them into semi -finished products., Customers buy them directly.Consumers do not know the source of starch sausages, and they cannot understand the material table.What’s more, many roadside stalls cannot ensure whether the starch sausage will be contaminated after contact with the external environment for a long time. Some vendors’ grilled intestinal machines are not cleaned often, and the oil of the grilled intestine will produce toxic substances after repeated heating.These are all about food safety.
Elephant News: Many netizens like to eat starch sausage. Recently, some hot words have appeared, such as “the concubine returns to the palace”, “rectifier for the starch sausage” and so on.Many netizens said that I have eaten the stalls, and of course I know it is not hygienic.For these netizens who like to eat starch sausage, they already know that the food is not particularly healthy, but still buy it. Is it impossible to defend their rights?
Wang Xinyi: Because consumers have diarrhea or other physical discomfort because they eat starch sausage, they can find the seller to negotiate, asking the other party to provide the other party’s corresponding product outer packaging, or the proof document that the food sells for safety standardsEssenceIf the other party cannot provide, consumers can find sellers and manufacturers to defend their rights.In fact, according to normal logic, these vendors selling grilled intestines on the roadside stalls should have disclosed the outer packaging and manufacturer information of starch sausages, instead of setting out the innocence after the accident.
Elephant News: Recently, there is also a well -known boasting father -in -bomb skewers.According to the relevant provisions of the Food Safety Law, food production and operators should ensure food safety, comply with food safety standards, and do not use food ingredients, food additives and food -related products that expire, spoiled, and do not meet the hygiene requirements.Does the boasting father use the use of ingredients overnight, does it constitute food safety violations?
Wang Xinyi: In addition to violating the “Food Safety Law”, the case of boasting father’s bombing also suspected of violating the provisions of Article 27 of the Product Quality Law: the product or the product on the packaging must be true, the product used for a limited time,The production date and safety period or failure date shall be clearly marked in a significant position.In addition, the process of unhygienic production in the production process also constitutes food safety illegal acts.
Elephant News: Merchants should operate honestly and provide authentic and accurate product information.If the boasting father blew up the real situation of the ingredients, did it use the ingredients to abandon ingredients overnight and not informed the consumer, did it constitute a fraudulent behavior to consumers?
Wang Xinyi: Actually, if some food ingredients are not sold on the first day, they can still be eaten if there is no deterioration, but it is just as good as the taste that is not as good as fresh.However, merchants can clearly explain that discounts or gifts at the original price are also acceptable.If it is not explained in advance and deliberately concealed the real situation of the ingredients, and the charging is good, it constitutes a fraud to consumers.
Elephant News: Some netizens asked questions, buying lamb skewers at the school door before, and told the vendors told that it was actually made of duck meat, because the lamb is too expensive, is this fraud?
Wang Xinyi: If the signboard of this vendor is not hanging lamb skewers, but duck skewers, there is no problem.However, if you have told the netizen to the netizen’s signboard, the signboards that have been made in fact still have not clearly notified other consumers, and there are still fraud, and cannot be exempted from the individual’s notification.
Elephant News: This year’s 315 party exposed so many food industry problems, can they specifically interpret the importance and significance of food safety?
Wang Xinyi: In our traditional culture, people take food as the sky, and food is the first.This shows that food safety is closely related to people’s life.If the food safety that ordinary people depends on survival cannot be guaranteed, it is equivalent to the collapse of the sky, so the food safety must be treated at the highest standard.The “Food Safety Law” clearly states that food safety refers to the non -toxic and harmless food, which meets the nutritional requirements that should have, and does not cause any acute, subacute or chronic harm to human health.In terms of law alone, safety is actually a minimum requirement for food.Food safety is not only directly related to the health and life safety of the general public, but also the economic development and social stability of a country.
Elephant News: Is there a corresponding standard for food safety in the prefabricated vegetable industry?If the consumer is not informed that it is a prefabricated dish, what rights have the consumer violated, and can they claim compensation?
Wang Xinyi: First of all, my country does not have national standards for prefabricated dishes, and most of them are local standards.For example, in 2022, the Chongqing Market Supervision and Administration Bureau and the Baoding Market Supervision and Administration Bureau all issued relevant standards for prefabricated dishes, but this is all local standards.Some social groups in Shenzhen have also promulgated prefabricated dishes, which are not common in the country.However, according to media reports, the national standard draft of prefabricated dishes has been submitted. If the approval is approved, there will be a unified national standard in the future.
If the restaurant is not informed that consumers are prefabricated dishes, they will infringe consumers’ right to know.For the restaurant, to make a complete list of information, to fully inform consumers, which are prefabricated dishes, which are fresh and self -made, and the price is.If the restaurant cannot be clearly notified, it is definitely suspected of infringement, and consumers can claim compensation.
Elephant News: How can I retain relevant evidence for valid rights?What is the standard for food compensation?
Wang Xinyi: First of all, you must keep the purchase invoice, or keep a small ticket or payment record, and then find the merchant to negotiate compensation.If the negotiation is not achieved, you can call the 12315 hotline to report or go to the court to prosecute.If the food bought involves some toxic substances, merchants may be suspected of criminal crimes, and consumers can also go to public security organs to report the case.
Elephant News: What are the difficulties of food consumption rights?How to improve consumer rights protection?
Wang Xinyi: There are two main difficulties in defending rights.The first is that consumers are weak, because the information is asymmetric, and there are difficulties in many evidence collection.For example, if you eat it all the way to the night market, you have a uncomfortable food. This situation has high requirements for the evidence of correlation. How can it prove which one is wrong?
Another difficulty is that the cost of rights protection is relatively high.Regardless of whether it is negotiated with merchants or complaints or lawsuits, the process is long.If the value of food itself is not high, the cost of rights protection of consumers is not only economical, but also time, it will consume a lot.Although the “Food Safety Law” stipulates that one compensation should be refunded, ten times the compensation may not be offset the cost of rights that have been paid in the case where the value of food is not high.
But as a lawyer, I suggest that consumers actively protect their rights in a timely manner.Don’t worry that the cost of rights protection is too high.Only when we all stand up to defend their rights, the merchants know that consumers are not reluctant to produce counterfeit and inferior products, or even products that do not meet food safety.Under the absolute sunlight, there will be no darkness.
Elephant News: In daily life, how to avoid buying unsafe foods?
Wang Xinyi: First of all, it is recommended to choose a big brand, because the big brand has accumulated a lot of good reputation through many years of operation, and the cost of illegal illegal is too high, which is relatively safer.If the big brand is too expensive, if you want to be a little cheaper, you must also find the information such as packaging, manufacturers, food ingredients and other information, and there are related safety signs.Go to investigate, so as not to defend your rights.
Elephant News: The problem of lack of food safety supervision is not uncommon. Is there a lack of supervision or inaction of managers? Is there a way to solve it?
