The compensation standard of 11 times in the Food Safety Law is a very important provision, which can regulate the behavior of producers and operators to a certain extent and reduce the occurrence of food safety problems. Then, what are the applicable conditions for 11 times compensation in the Food Safety Law? What are the precautions? Here is a detailed introduction for you, hoping to help you.

1. The applicable conditions of 11 times compensation in the Food Safety Law constitute the elements of "11 times compensation", including at least the following three elements: 1. "Failure to meet food safety standards"; Second, "the operator knows"; Third, problems such as "labels and instructions" do not conform to the proviso on "defects" in this article. 1. First of all, "not meeting food safety standards" is a necessary condition for "ten times compensation". This premise includes two meanings. First, among the many food safety problems stipulated by law, only the problem that "does not meet the food safety standards" is the legal situation of "ten times compensation". 2. Secondly, whether it is a "knowing" situation is a necessary condition for judging whether the operator should pay "ten times compensation". The concept of "operator" in this Law includes food sellers and catering service providers. 3. Finally, the problem of "defects" in labels and instructions is a proviso that "ten times compensation" is exempted, which is also the most controversial legal "blank area" at present. Simply put, judging whether the "defects" of labels and instructions belong to the situation of "not affecting food safety and not misleading consumers" should be judged according to the food safety problems caused by the wrong information transmitted by labels and instructions. In addition to the above three requirements, in the first paragraph of this article, "consumers may claim damages from the business operators or the producers for food that does not meet the food safety standards." The expression has been ignored. Because there is a view that "damaged" in this expression is the most critical element of "ten times compensation". If the "consumer" is not "damaged", then "ten times compensation" is not established at all. The identification of "damage" is a more complicated judgment than that of "defect".

second, the food safety law provides for 111 times compensation. Paragraph 1 of Article 148 of the Food Safety Law: If consumers are damaged by food that does not meet the food safety standards, they 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. Paragraph 2: If a consumer produces food that does not meet the food safety standards or deals in food that he knows does not meet the food safety standards, he may demand compensation from the producer or operator for ten times the price or three times the loss. 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. From the above, it can be seen that the provision of 11 times compensation is mainly in paragraph 2.

3. The following points should be grasped in the application of ten-fold compensation in food safety law: 1. Foods that do not meet food safety standards can be divided into formal ones and substantive ones. 2. The norms of the Food Safety Law can be divided into administrative prohibitive norms and tort prohibitive norms, or administrative punitive norms and civil adjudication compensatory norms. 3. The constitutive requirements of "loss compensation" and "punitive compensation" stipulated in Article 148 of the Food Safety Law are that the product is actually harmful, that is, it does not meet the food safety standards in essence.