Is the food label and expiration date of the net celebrity”Zi Hi Pot” package also marked? The court sentenced…
By: Date: 2021-04-08 Categories: chinesefood Tags: ,
   In recent years, the self-heating”small hot pot” fire, no fire, no electricity, just water the heating bag, you can quickly eat the small hot pot, claypot, mala tang……
   However, the popular brand”Zi Hi Pot”, which”shows its face” in many film and television dramas, has recently been questioned by consumers. Recently, the Shanghai Railway Transportation Court (hereinafter referred to as the Shanghai Railway Court) heard a civil case involving food safety related to”Zhihaiguo”.
  Case review
   In August 2020, when Zhao was browsing the self-heating small hot pot on a certain platform, he was attracted by the Internet celebrity brand”Zi Hi Pot” and simply bought 16 boxes at once.
   The next day, Zhao received the goods. After unpacking, he found that the batch of”Zhi-Hypot” he received was marked with the production date and expiration date on the outer package, but it did not contain the different varieties produced by different manufacturers. A number of individually packaged foods were not individually marked with food labels and lacked important information such as production date and shelf life. Therefore, Golden Antelope E-commerce Company was sued to the court on this ground.
  During the trial, the two parties focused on the main controversy in this case:”Whether the label of the ingredient package of the involved product is applicable to the”GB7718-2011 General Rules for the Labeling of Prepackaged Foods” (hereinafter referred to as the”General Rules”), fully elaborated and debate.
  The original statement:
  The plaintiff believes that the food labels of this batch of”Zihai pot” have serious defects that affect food safety and cause misleading to consumers. There are a large number of violations of the”Food Safety Law of the People’s Republic of China” and”General Principles”, and serious violations of the plaintiff The legitimate rights and interests required the defendant to return the purchase price and pay compensation.
  The defendant argued that:
  According to the “General Principles”, “the packaging of a sales unit contains foods of different varieties and multiple independent packages that can be sold separately, and the label of each individually packaged food shall be marked separately”, and the company’s products as a whole It is already the smallest sales unit. Its internal condiment packs and other components are sealed in the overall product. The outer packaging of the product involved clearly marked the production date and shelf life. The product labeling complies with the law, and the plaintiff’s petition is requested to be rejected.
  Trial by court
   After trial, the Shanghai Railway Court held that the product involved in the case was a self-heating pot-type convenience food. According to the product name, packaging and ingredient list information, it can be shown that the entire box is the smallest sales unit of the product involved, and the ingredients package components inside It is an integral part of the product and cannot be sold separately, that is, the independent packaged ingredient package is not a pre-packaged food, so the above-mentioned”General Rules” does not apply.
   Although the defendant entrusted two manufacturers to produce the products involved, it was the commission of the entire product rather than the separate commission of part of the ingredient package. According to the information on the product label involved, they were all produced by Golden Antelope Foods, and there is no plaintiff The claimed product contained ingredient packages produced by different manufacturers, and the outer packaging label of the product involved in the case indicated various items in accordance with the law, and it complied with the national food safety standards. Therefore, all claims of the plaintiff Zhao were rejected in accordance with the law.
  Judge’s Statement
  Food safety is related to the health and life safety of the people, and the relationship between food producers and consumers is also related to the harmonious development of society. According to the”General Principles”:”The packaging of a sales unit contains foods of different varieties and multiple independent packages that can be sold separately, and the label of each individually packaged food shall be marked separately.” In this case, it has been found that the product involved is the smallest sales unit. , This rule does not apply. In daily life, consumers should pay attention to the law and evidence when safeguarding their rights and interests, and not excessively defend their rights.
   If consumers’ legal rights and interests are infringed when buying food, according to the”Food Safety Law of the People’s Republic of China”, they can demand compensation from the business operator or the producer. Producers and operators who receive consumer compensation requests shall implement the first responsibility system and pay compensation first without prevarication. Food producers and operators should always adhere to food safety standards, enhance food safety awareness, resolutely not touch the industry red line, and assume due legal obligations and social responsibilities.
  Extend knowledge
   When consumers buy food, they often wonder how to check the packaging information such as the label date. According to the”General Rules for the Labeling of Prepackaged Foods of National Food Safety Standards”, when there are multiple small packages that can be sold separately in a large package When it comes to food, the small package must be marked with the main information, and there are also regulations on the outer packaging:

   When the same pre-package contains multiple single-piece pre-packaged foods with the production date and shelf-life indicated, the shelf-life indicated on the outer packaging shall be calculated based on the shelf-life of the single-piece food with the earliest expiration date.
  The production date indicated on the outer packaging shall be the production date of the earliest single-piece food or the date when the outer packaging forms a sales unit; the production date and shelf life of each single-piece food may also be indicated on the outer packaging.
   material provided | Zhang Wenlin