1. If foreign objects are eaten in food, consumers can demand ten times compensation from the merchants in addition to refund the price. 2. Consumers may demand compensation of ten times the price or three times the loss from the producers and operators for producing food that does not meet the food safety standards or operating food that they know does not meet the food safety standards. 3. Consumers who eat food that does not meet the food safety standards may claim compensation from the operators or producers. The producers and operators who accept the consumer's claim for compensation shall implement the first responsibility system, pay in advance, and shall not shirk; If it is the producer's responsibility, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation. The catering industry has the obligation to provide qualified meals and services. If you eat hair in your meal, it is unqualified food quality and constitutes a breach of contract. You should compensate the consumer ten times the price.
Legal basis:
Article 147 of the Food Safety Law of People's Republic of China (PRC) violates the provisions of this law, causing personal, property or other damage, and shall be liable for compensation according to law. When the property of a producer or operator is insufficient to bear civil liability and pay a fine and a fine at the same time, it shall bear civil liability first.
Derivative problem:
How to protect rights when food and beverage consumption eats foreign objects?
1. In response to the consumer's point of view of "how to compensate for eating foreign bodies", the staff of the Consumers Association believe that foreign bodies such as hair and mosquitoes in food belong to food quality problems. Hotel operators should exchange or return goods for consumers according to their requirements, but specific problems can be solved through consultation. At the same time, consumers should keep food samples and proof of consumption, and complain to the Consumers Association, industry and commerce, health departments and health supervision departments in time. So that the relevant departments can inspect and punish the hotels with problems. If there are adverse reactions after eating, you need a hospital certificate (such as medical records and outpatient records), and the hotel will be responsible for the related expenses such as medicines.
2. In addition, the staff of Consumers Association reminded that in case of such problems, it is also the best safeguard to ask the restaurant for proof rationally. Most of the foreign bodies in meals are handled free of charge, but the restaurant should take full responsibility for the health problems caused by foreign bodies afterwards. "But in practice, the restaurant passed the buck afterwards. In this case, there must be evidence of hospital diagnosis and eating in a restaurant.
3. Disputes over consumers' rights and interests between consumers and business operators can be resolved through the following channels: (1) through consultation with business operators; (2) Requesting consumers' associations or other mediation organizations established according to law to mediate; (three) to complain to the relevant administrative departments; (four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration; (5) bring a lawsuit to the people's court.