article 148: in addition to claiming damages, consumers may also claim damages of ten times the price or three times the loss from producers or business operators; If the amount of additional compensation is less than 1,111 yuan, it will be 1,111 yuan.
The promulgation and implementation of the Food Safety Law of the People's Republic of China is of great significance to standardize food production and business activities, prevent food safety accidents, strengthen food safety supervision, implement food safety responsibilities, and ensure public health and life safety.
(1) The implementation of the Food Safety Law is necessary to ensure food safety and public health and life safety. Through the implementation of the Food Safety Law, Establishing a scientific management system based on food safety standards, rationalizing the food safety supervision system, clarifying the responsibilities of various supervision departments, and establishing that food producers and operators are the legal obligations of the first responsible person to ensure food safety can better solve the main problems existing in China's current food safety work from the legal system, prevent, control and eliminate food pollution and harmful factors in food to human health, and prevent and control the occurrence of food-borne diseases. Thereby effectively ensuring food safety and ensuring public health and life safety.
(2) The implementation of the food safety law is the need to promote the development of China's food industry and food trade. Through the implementation of the food safety law, food production and operation behaviors can be more strictly regulated, and food producers can be urged to engage in production and operation activities in accordance with laws, regulations and food safety standards, with emphasis on quality, service, credibility and self-discipline in food production and operation. Responsible to the society and the public, promoting the continuous expansion of the food industry scale and the continuous development of the market with good quality and reliable reputation, thus greatly promoting the development of China's food industry. At the same time, through the formulation of the food safety law, we can establish a good international image of China's emphasis on and protection of food safety, which is conducive to promoting the development of China's foreign food trade. < P > (3) The implementation of the food safety law is to strengthen legislation in the social field. The need to improve China's food safety legal system. Implementing the food safety law to solve food safety problems within the legal framework, focusing on people-oriented, paying attention to people's livelihood, safeguarding rights, effectively solving the most concerned, direct and realistic interests of the people, and promoting social harmony and stability is the need to implement Scientific Outlook on Development's requirements and safeguard the fundamental interests of the broad masses of the people. At the same time, a more comprehensive food safety law is formulated on the basis of the current food hygiene law. Matching with agricultural product quality and safety law, agricultural law, animal epidemic prevention law, product quality law, import and export commodity inspection law, pesticide management regulations, veterinary drug management regulations and other laws and regulations is conducive to further improving China's food safety legal system and providing legal protection for the healthy development of China's socialist market economy.
The scope of application of the Food Safety Law of the People's Republic of China is as follows:
1. Food production and processing (hereinafter referred to as food)
2. Production and operation of food additives;
3. Production and operation of packaging materials, containers, detergents and disinfectants used for food and tools and equipment used for food production and operation (hereinafter referred to as food-related products);
4. Food producers and operators use food additives and food-related products;
5. Storage and transportation of food;
6. Safety management of food, food additives and food-related products. Food producers and business operators shall engage in production and business activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to the society and the public, accept social supervision and assume social responsibilities.
Legal basis
Article 148 of the Food Safety Law of the People's Republic of China * * * If a consumer suffers from food that does not meet the food safety standards, he may demand compensation from the business operator or the producer. Producers and business operators who receive consumer compensation claims shall implement the first responsibility system, pay first, 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. In the production of food that does not meet the food safety standards or in the operation of food that is known to fail to meet the food safety standards, consumers may, in addition to demanding compensation for losses, demand compensation of ten times the price or three times the loss from the producers or operators; If the amount of additional compensation is less than 1,111 yuan, it will be 1,111 yuan. However, there are defects in the labels and instructions of food that do not affect food safety and will not mislead consumers.