1. Why do consumers who buy "homemade pickles" online have reason to demand ten times compensation?
According to the second paragraph of Article 148 of the Food Safety Law, "if a consumer produces food that does not meet the food safety standards or knowingly operates food that does not meet the food safety standards, he may demand compensation of ten times the price or three times the loss from the producer or operator; If the additional compensation amount is less than 1000 yuan, it is 1000 yuan. However, the labels and instructions of food have defects that do not affect food safety and will not mislead consumers. " In addition, according to Article 1 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Food Safety, "in prepackaged foods, the name, address, ingredients or ingredient list of the producer are not marked in the production and operation, or the production date and shelf life are not clearly marked, and consumers advocate that the producers and operators should bear punitive damages in accordance with the provisions of the second paragraph of Article 148 of the Food Safety Law.
In the news, consumers who buy pickles claim for "homemade pickles", which belong to prepackaged foods and have no shelf life. Consumers presuppose that homemade kimchi is prepackaged foods, so the Food Safety Law should demand punitive damages.
2. Why is "homemade kimchi" not prepackaged foods?
First of all, the Food Safety Law clearly defines "food" and "prepackaged foods". "Food refers to food, which refers to all kinds of finished products and raw materials for human consumption or drinking, as well as items that are traditionally both food and Chinese herbal medicines, but do not include items for the purpose of treatment. Prepackaged foods refers to food prepackaged or made of packaging materials and containers. "
But the pickles in the news must be "prepackaged foods" if they are packaged? That was not the case. As can be seen from the definition of food safety in prepackaged foods, it is pre-packaged and then sold. The pickles cooked by the old people are only put in bottles and jars at most. How can it be prepackaged? In order to facilitate transportation, especially to prevent the leakage of vegetable liquid, plastic bags are used for online sales in the later stage, and the pre-packaging in the production process is completely different.
3. Self-made kimchi cannot claim ten times compensation according to "food" or "prepackaged foods" in the Product Quality Law.
Ten-fold compensation is the premise, not all three-no products need ten-fold compensation. Article 148 of the Product Quality Law clearly stipulates that "except for defects in food labels and instructions that do not affect food safety and will not mislead consumers", if the contents of labels and instructions do not meet the product requirements, but do not affect food safety and will not mislead consumers, ten times compensation cannot be claimed.
"Homemade kimchi" should belong to primary agricultural products. This is defined as "plants, animals, microorganisms and their products obtained in agricultural activities" in the Law on Quality and Safety of Agricultural Products, which means circular definition, but I still don't seem to understand it.
The annex to the notice of People's Republic of China (PRC) Ministry of Commerce, Ministry of Finance and State Taxation Administration of The People's Republic of China on April 4, 2004 (Shang Jian Fa [2005] 1No.) defines the scope of edible agricultural products in detail, and it is mentioned here that "edible agricultural products refer to various edible plants, animal husbandry and fishery products and their primary processed products; (4) Pickled vegetables and pickles.
Therefore, farmers themselves are not selling food or prepackaged foods in the strict sense of the Product Quality Law based on the slight processing of agricultural products themselves. Product quality law mainly restricts industrial food processing, and carries out the operation process of overall taste, shape and packaging on the basis of ingredients. Primary agricultural products are only processed for agricultural products, and the two are completely different. It is not that primary agricultural products have no quality and safety standards at all. This is clearly stipulated in the Product Quality Law that "the quality and safety management of edible primary agricultural products (hereinafter referred to as edible agricultural products) shall conform to the provisions of the Law of People's Republic of China (PRC) on the Quality and Safety of Agricultural Products". However, the sales of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information and the provisions of this law on agricultural inputs shall abide by the provisions of this law. "
Food is the most important thing for the people, and food safety is of great responsibility. Whether it is industrial food or primary agricultural products, as long as they are imported, safety is always the first.