Selling Expired Food, Losing Money And Being Fined

Case recap

　　Recently, Mr Xie purchased a 260g Jinluo Elbow Blossom Ham at a supermarket in Jiange County for RMB15.5.

After leaving the supermarket, Mr Xie found that the ham had exceeded its shelf life and he immediately returned to the supermarket to check and found that the same expired food was still on sale on its shelves. Mr Xie randomly complained to the local CC.

food health

After receiving the complaint, Jiange County CC staff immediately rushed to the supermarket to verify the content of the consumer's complaint on site. It was found that Mr. Xie's complaint was true.

In accordance with Article 7 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and Article 148 of the Food Safety Law of the People's Republic of China, the supermarket refunded the consumer 15.5 yuan for the purchase price and compensated the consumer 1,000 yuan under the coordination of the CC.

At the same time, the local market supervision department imposed a penalty decision of confiscating the expired food and imposing a fine of RMB10,000 on the supermarket in accordance with the law.

　　In this case, there was a potential risk of harming the personal safety of consumers due to the operator's lack of management and the sale of food products that had exceeded their shelf life.

Although the amount of goods involved in this case was small, the price paid by the operator was not. The compensation + fine is a lesson in the operator's usual negligence in food safety management and is worthy of a warning to all operators.

　　Law Learning Class

　　Article 7 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers stipulates that "Consumers shall enjoy the right not to be harmed in the purchase and use of goods and the receipt of services for the safety of their persons and property.

Consumers have the right to demand that the goods and services provided by operators meet the requirements of safeguarding the safety of persons and property".

Article 148 of the Food Safety Law of the People's Republic of China provides that "Where food that does not meet food safety standards is produced or food that is operated knowingly does not meet food safety standards, the consumer may, in addition to demanding compensation for damages, demand from the producer or operator compensation of ten times the price or three times the loss; where the amount of increased compensation is less than one thousand dollars, it shall be one thousand dollars."