Legal analysis: In the online catering service supervision and management measures, it is clearly pointed out that the take-away platform needs to take the responsibility of supervision. For example, the take-away platform needs to conduct on-the-spot investigation on the settled businesses, and besides food safety, it is also necessary to conduct spot checks and monitoring on the business behavior of catering service operators. If problems are found, they need to be reported to the local food and drug supervision and management departments at or above the county level, and a fine of 51,111 to 31,111 yuan can be imposed if the relevant departments refuse to correct them after warning. The takeaway platform also needs to verify and register important personnel information such as the legal representative (person in charge), address and contact information of the catering service provider, and also sign an agreement with the catering service provider. However, at present, the three major domestic take-away platforms can basically do these things well, and most of the information disclosure is lacking in arms and legs. Therefore, to meet the requirements of the opinion draft, the take-away platform has to do a lot of work in the follow-up.
Legal basis: Food Safety Law of the People's Republic of China
Article 1 When consumers buy food through the third-party platform of online food trading, their legitimate interests are damaged, they can claim compensation from the food business operators who access the network. 2. If the third-party platform for online food trading cannot truthfully provide the real name, address and effective contact information of the network operator, the third-party platform for online food trading shall provide compensation. Third, if the third-party platform of online food trading makes a promise that is more beneficial to consumers, it should fulfill its promise. Fourth, consumers can directly demand compensation from online food operators, or they can defend their rights through legal proceedings and other channels.
article 96 if a consumer produces food that does not meet the food safety standards or sells food that he knows does not meet the food safety standards, he may demand compensation of ten times the price from the producer or seller in addition to the loss.