Recently, the Chongqing Fifth Intermediate People’s Court implemented the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Food Safety Civil Disputes, which was implemented on January 1, 2021.
Interpretation (1)” concluded a “three nos” food ten times compensation case, determined that the “three no” foods involved were foods that did not meet food safety standards, and supported consumers’ claims for ten times compensation. Protected the legitimate rights and interests of consumers.
After purchasing the food involved in a food business department, he discovered that the name and address of the producer marked on the food could not be inquired through normal channels. The information of the producer marked on the food packaging was false, and the operator was required to bear ten times the liability for compensation on the ground that the food violated the national food safety standards. After the trial, the court of first instance failed to support his petition, and Du appealed to the Chongqing Fifth Intermediate People’s Court.
At the second instance of , after the undertaker found out the facts and repeatedly inquired, the operator failed to provide relevant evidence to prove the legal source of the food, nor did he provide the producer To prove that the food is legally produced by a regular manufacturer, Du has legitimate reasons to doubt the authenticity of the product packaging information. A meeting of judges of the First Civil Division found that the food should be marked with the name and address of the producer. If the name and address of the producer are not marked or falsely marked, in accordance with Article 11 of the above-mentioned judicial interpretation, the food should be determined to be incompatible with food safety. standard. The seller is unable to provide its legal and effective purchase channels, and is deemed to know that the food does not meet the safety standards and still sells it, and the seller shall bear ten times the liability for compensation. The collegial panel then decided to support Du’s claim.
The case is”The Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Food Safety Civil Dispute Cases (1)”. After the implementation, the Chongqing Fifth Intermediate Court cracked down in accordance with the law. The three-no problem food, the first typical case of consumer rights protection in purifying the food market environment, is of great significance to effectively guaranteeing the people’s”safety on the tip of the tongue”.