Legal Analysis
The maximum compensation that can be obtained is ten times the price paid. In addition to being able to get ten times the compensation, you can also apply to the competent authorities for administrative processing, according to the law can be punished from twenty thousand yuan. Customers encountered when consuming food with hair, mosquitoes and other foreign objects, belonging to the food quality problems. Restaurant operators should be in accordance with the requirements of the consumer for its replacement or return, but the specific issues can be resolved through negotiation. At the same time, consumers should keep a good food samples and proof of dining, timely to the Consumer Council, industry and commerce, health department complaints to the health supervision department. So that the relevant departments can inspect and penalize the restaurants with problems. If there is an adverse reaction after the meal, the need for hospital proof (such as medical records, outpatient records), the restaurant will be responsible for medicine and other related costs. Producing food that does not meet food safety standards or selling food that is known to be not in compliance with food safety standards, consumers can demand compensation for losses, but also to the producer or seller of ten times the price of damages. Laws and regulations are strictly to protect our food safety, so in the daily life should pay attention to the relevant food safety laws and regulations of the provisions of the law, in the case of infringement of their rights and interests, the use of legal weapons to protect their own rights and interests.
Legal basis
The Chinese People's **** and the State Food Safety Law Article 148 Consumers due to non-compliance with food safety standards of food damage, you can ask the operator to compensate for the loss, but also to the producer of the demand for compensation for damages. Received the consumer compensation requirements of the production and operation, shall implement the first responsibility system, the first compensation, shall not be shirked; belongs to the producer's responsibility, the operator compensation to the producer has the right to recover; belongs to the operator's responsibility, the producer has the right to recover the compensation to the operator. Production of food that does not meet food safety standards or operating food that is known to be not in compliance with food safety standards, the consumer in addition to compensation for damages, but also to the producer or operator can be required to pay ten times the price or three times the loss of damages; increase the amount of compensation is less than one thousand yuan, one thousand yuan. However, the labeling of food, instructions for the existence of defects that do not affect food safety and will not mislead the consumer except.