if food poisoning causes personal injury, property injury or other damage, it shall be liable for compensation according to law.

when the property of producers and business operators is insufficient to bear civil liability and pay fines and penalties at the same time, they shall bear civil liability first. Consumers who suffer from food that does not meet the food safety standards may demand compensation from the operators or the producers. 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.

Punishment standard for food poisoning:

In case of food poisoning, catering enterprises may commit the crime of producing and selling food that does not meet the safety standards, and impose fines on catering enterprises; The directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

to sum up, food poisoning should be compensated for medical expenses, lost time, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to lost time. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

Legal basis:

Article 147 of the Food Safety Law of the People's Republic of China

Anyone who violates the provisions of this law and causes personal, property or other damage shall be liable for compensation according to law. When the property of producers and operators is insufficient to bear civil liability and pay fines and penalties at the same time, they shall bear civil liability first.

Article 148

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.