Current location - Recipe Complete Network - Catering training - Judicial Interpretation of Supreme Court on Food Safety Cases
Judicial Interpretation of Supreme Court on Food Safety Cases

legal analysis: define the subject of responsibility, and safeguard the legitimate rights and interests of consumers in time. Article 1 of the Interpretation stipulates that consumers claim damages from food producers or business operators for food that does not meet food safety standards, and the people's court does not support the claim that the accused producers or business operators claim exemption on the grounds that the liability for compensation should be borne by the other producer or business operator. The purpose of this provision is to implement the first responsibility system stipulated in paragraph 1 of Article 148 of the Food Safety Law, to avoid mutual shirking between producers and operators, and to safeguard the legitimate rights and interests of consumers in a timely manner. In addition, the Interpretation clarifies the main body responsible for food safety in public transportation. In practice, the carrier provides food or catering services to passengers during transportation, and sometimes the food expires or mildew damages the health of passengers. Article 4 of the Interpretation stipulates that the food provided by the public transport carrier to the passengers does not meet the food safety standards, and the passengers have the right to claim that the carrier shall bear the liability for compensation as a food producer or operator, and make it clear that no matter whether it is provided free of charge or paid, the carrier shall ensure the safety of the food provided, and shall not defend it on the grounds that the food is provided free of charge.

Legal basis: Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Food Safety. If a relevant unit or individual knowingly provides equipment, technology, raw materials, sales channels, transportation, storage or other convenient conditions for food producers and operators, and consumers claim that the unit or individual shall be jointly and severally liable with food producers and operators in accordance with the provisions of the second paragraph of Article 123 of the Food Safety Law, the people's court shall.