The people take food as the sky, and food is the first thing. Food safety is no trivial matter, and the health of the masses is a major matter. In recent years, with the improvement of living standards and the upgrading of consumer demand, the consumption concept and consumption mode of residents have undergone fundamental changes, not only to "eat enough", but also to "eat well", eat safely, eat nutritious, and eat healthy.
What should I do if I accidentally buy expired food in supermarkets, convenience stores and other places?
One day, Jia Qian passed by a supermarket and bought a few packs of spicy strips. When she arrived home, Jia Qian found that one of the packs of spicy noodles had exceeded the shelf life for more than 2 months, and then Jia Qian went to the supermarket to negotiate with the owner on the issue of compensation, but the owner Jin Rong only admitted to selling expired spicy noodles and agreed to return the money to Jia Qian, but did not agree to give him compensation, the two parties could not negotiate to reach a consensus, Jia Qian sued the supermarket to the court, asking for compensation in accordance with the law.
The Fengqiu County Court found out that on October 17, 2022, the plaintiff Jiaqian purchased 6 packs of spicy noodles from a supermarket, spending a total of 3 yuan. One of the packets of spicy noodles showed a production date of March 7, 2022, and a shelf life of 150 days, which means that the food will expire after August 7, 2022. Jiaqian proposed compensation to the supermarket, and after many negotiations, the supermarket was only willing to pay 30 yuan, but Jiaqian did not accept it.
After trial, the Fengqiu County Court held that the defendant supermarket, as the seller of the food involved in the case, should fulfill its duty of care and care in food safety, regularly inspect the food for sale, and promptly clean up the food that has deteriorated or exceeded the shelf life. The plaintiff, Jia Qian, purchased spicy noodles from the defendant's supermarket, and the defendant sold them to the plaintiff after the package of spicy noodles obviously exceeded the shelf life, which was a situation of dealing in food that it knew did not meet food safety standards, and the supermarket was ordered to refund the price of the spicy noodles and compensate 1,000 yuan in accordance with the law.
After the judgment was made, after the judge explained the law and reasoned, the supermarket operator Jin Rong said that he did not expect that a pack of spicy strips of less than one yuan could cause such serious consequences, and sincerely realized the cost of selling expired food, and would definitely learn a lesson in the future, control the food safety and quality, and took the initiative to fulfill the case payment of 1,000 yuan.
Links to legal provisions
Law of the People's Republic of China on the Protection of Consumer Rights and Interests
Article 40: Where consumers' lawful rights and interests are harmed when purchasing or using goods, they may demand compensation from the seller.
Food Safety Law of the People's Republic of China
Paragraph 1 of Article 54 Food business operators shall store food in accordance with the requirements of ensuring food safety, regularly inspect the food in stock, and promptly clean up the food that has deteriorated or exceeded the shelf life.
Article 148, Paragraph 2 In addition to claiming compensation for losses, consumers may demand compensation of 10 times the price or 3 times the loss from the producer or operator for the production of food that does not meet food safety standards or the operation of food that they know does not meet food safety standards; Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB. However, there are exceptions to the defects on the labels and instructions of the food that do not affect food safety and will not mislead consumers.
Food safety is related to the life and health of the people, the national food safety standards are aimed at protecting the health of the public, and the food safety standards are national mandatory standards.
Food producers and food business operators are the two main players in the food market, and the Food Safety Law stipulates different obligations to ensure food safety according to the different positions and roles of producers and operators in the food market. In order to ensure the food safety, the continental food safety law will indicate the shelf life of food as one of the food safety standards, food can only be sold within the shelf life, and food beyond the shelf life is no longer food that meets the safety standards.
As a food producer, if it is found that the food produced by it does not meet the food safety standards, it should immediately stop production, recall the food that has been put on the market, and notify the relevant producers, operators and consumers, and record the recall and notification.
Food sales businesses have the obligation to ensure food safety, and should strictly control safety in the sales process, regularly inspect the food on the warehouse and shelves, and clean up the expired "old goods" in a timely manner to avoid potential food safety hazards caused by management negligence.
When purchasing products, consumers should carefully check the product shelf life, production date and other information to avoid buying substandard products. At the same time, consumers should also pay attention to the purchase and preservation of sales invoices, receipts, electronic payment vouchers, product packaging, surplus products, etc., if they buy expired products, producers or sellers are unwilling to compensate, they should keep evidence in time, and take up legal weapons to actively protect their rights.
Source: Xinxiang Intermediate People's Court, Fengqiu County Court