If an operator commits fraud in providing goods or services, according to the Consumer Protection Law, consumers can usually only get compensation of "one refund and one compensation". And if there is something wrong with food, according to the Food Safety Law, consumers can ask for ten times compensation. The special law is superior to the general law, and the new law is superior to the old law. However, whether the claim can be successful depends on the specific circumstances. Example 1: There are flies in the sausage. Because it has been mixed with bacon for a long time, the color and meat quality of flies are obviously different from those that have just been killed. According to common sense, it can be judged that they belong to sausages, not that consumers deliberately killed a fly and put it in. Example 2: A consumer ate a piece of steel wire in a biscuit, and half of the steel wire was still in the biscuit. Obviously, it's already in the biscuit, so it can't be put in by consumers on purpose. However, some food problems are difficult to prove. Example 3: How to prove that the hair and nails were originally in the food or the consumers deliberately put them in? Eating cigarette butts in shredded squid, if the cigarette butts are chopped like shredded squid, they have a strong squid flavor, which is obviously put in during processing; If cigarette butts are no different from ordinary cigarette butts, why are they in food? Therefore, Brother Huang suggested that if the food problem is easy to prove (for example, case 1, case 2), consumers can claim tenfold compensation directly according to the Food Safety Law. If it is difficult to prove the food problem, we can do it from other angles-whether the food label is standardized, whether there is a QS certification mark, whether there is a production date, whether there is a Chinese label on the imported food, etc. In the case that the seller admits the facts but thinks that your claim is too high and is unwilling to accept ten times compensation, in order to solve the dispute as soon as possible, I suggest that you appropriately reduce the claim amount, which is 2~5 times the price. Please consider the degree of injury, commodity price and seller's attitude according to the incident. Legal basis: Article 96 of the Food Safety Law stipulates: "Anyone who violates the provisions of this Law and causes personal, property or other damage shall be liable for compensation according to law. If you produce food that does not meet food safety standards or sell food that you know does not meet food safety standards, consumers can ask the producer or seller to pay ten times the price in addition to compensation for losses. " .

What is the punishment standard for foreign bodies in food in Food Safety Law 20 15?

That depends on which food you say is unqualified. According to the provisions of Article 123 of the new Food Safety Law, if anyone violates the provisions of this law in any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the food illegally produced and operated, and may also confiscate the tools, equipment, raw materials and other items used for illegal production and operation; If the value of food illegally produced and operated is less than 1 10,000 yuan, a fine of more than100,000 yuan and less than150,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than 15 times and less than 30 times shall be imposed; If the circumstances are serious, the license shall be revoked, and the directly responsible person in charge and other directly responsible personnel may be detained by the public security organ for more than five days and less than fifteen days: (1) using non-food raw materials to produce food, adding chemicals other than food additives and other substances that may endanger human health to food, or using recycled food as raw materials to produce food, or dealing in the above-mentioned food; (two) the production and operation of main and auxiliary foods that are specially used for infants and other specific groups, and whose nutritional components do not meet the food safety standards; (3) dealing in the meat of poultry, livestock, beasts and aquatic animals that have died of illness, poisoning or unknown causes, or producing or dealing in their products; (4) dealing in meat that has not been quarantined or failed to pass the quarantine inspection, or producing or dealing in meat products that have not been inspected or failed to pass the inspection; (5) Producing and marketing foods prohibited by the state for special needs such as disease prevention; (six) the production and operation of food containing drugs. Knowing that it is an illegal act stipulated in the preceding paragraph, the people's food and drug supervision and administration department at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with food producers and operators. Whoever illegally uses highly toxic or highly toxic pesticides may be detained by the public security organ in accordance with the provisions of the first paragraph, in addition to being punished in accordance with relevant laws and regulations. Article 124 If anyone violates the provisions of this Law in any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, food and food additives illegally produced and operated, and may also confiscate the tools, equipment, raw materials and other articles used for illegal production and operation; If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed; If the circumstances are serious, the license shall be revoked: (1) producing and selling foods and food additives with pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other substances harmful to human health exceeding the food safety standards; (2) using food raw materials and food additives beyond the shelf life to produce food and food additives, or dealing in the above-mentioned food and food additives; (three) beyond the scope of production and marketing of food and the use of food additives; (four) the production and operation of food and food additives that are spoiled, rancid, moldy, unclean, mixed with foreign substances, adulterated or have abnormal sensory properties; (five) the production and operation of food and food additives with false production date, shelf life or beyond the shelf life; (six) the production and operation of health food, formula food for special medical use and infant formula milk powder that are not registered according to the regulations, or the organization of production according to the technical requirements of the registered product formula and production process; (seven) packaging the production of infant formula milk powder, or the same enterprise uses the same formula to produce different brands of infant formula milk powder; (eight) the use of new food raw materials to produce food, or the production of new varieties of food additives, failed to pass the safety assessment; (nine) the food producers and business operators still refuse to recall or suspend business after being ordered by the food and drug supervision and administration department. Except in the circumstances specified in the preceding paragraph and Articles 123 and 125 of this Law, those who produce and operate foods and food additives that do not meet the laws, regulations or food safety standards shall be punished in accordance with the provisions of the preceding paragraph. Those who produce new varieties of food-related products and fail to pass the safety assessment, or those who produce food-related products that do not meet the food safety standards, shall be punished by the people's quality supervision departments at or above the county level in accordance with the provisions of the first paragraph. Above!

There are foreign objects in the food packaging.

According to the provisions of Article 123 of the new Food Safety Law, if anyone violates the provisions of this law in any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the food illegally produced and operated, and may also confiscate the tools, equipment, raw materials and other items used for illegal production and operation; If the value of food illegally produced and operated is less than 1 10,000 yuan, a fine of more than100,000 yuan and less than150,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than 15 times and less than 30 times shall be imposed; If the circumstances are serious, the license shall be revoked, and the directly responsible person in charge and other directly responsible personnel may be detained by the public security organ for more than five days and less than fifteen days: (1) using non-food raw materials to produce food, adding chemicals other than food additives and other substances that may endanger human health to food, or using recycled food as raw materials to produce food, or dealing in the above-mentioned food; (two) the production and operation of main and auxiliary foods that are specially used for infants and other specific groups, and whose nutritional components do not meet the food safety standards; (3) dealing in the meat of poultry, livestock, beasts and aquatic animals that have died of illness, poisoning or unknown causes, or producing or dealing in their products; (4) dealing in meat that has not been quarantined or failed to pass the quarantine inspection, or producing or dealing in meat products that have not been inspected or failed to pass the inspection; (5) Producing and marketing foods prohibited by the state for special needs such as disease prevention; (six) the production and operation of food containing drugs. Knowing that it is an illegal act stipulated in the preceding paragraph, the people's food and drug supervision and administration department at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan; Those who harm the legitimate rights and interests of consumers shall be jointly and severally liable with food producers and operators. Whoever illegally uses highly toxic or highly toxic pesticides may be detained by the public security organ in accordance with the provisions of the first paragraph, in addition to being punished in accordance with relevant laws and regulations. Article 124 If anyone violates the provisions of this Law in any of the following circumstances, which does not constitute a crime, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income, food and food additives illegally produced and operated, and may also confiscate the tools, equipment, raw materials and other articles used for illegal production and operation; If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 50,000 yuan110,000 yuan will be imposed; If the value of goods is more than 1 10,000 yuan, a fine of more than 10 and less than 20 times shall be imposed; If the circumstances are serious, the license shall be revoked: (1) producing and selling foods and food additives with pathogenic microorganisms, pesticide residues, veterinary drug residues, biotoxins, heavy metals and other substances harmful to human health exceeding the food safety standards; (2) using food raw materials and food additives beyond the shelf life to produce food and food additives, or dealing in the above-mentioned food and food additives; (three) beyond the scope of production and marketing of food and the use of food additives; (four) the production and operation of food and food additives that are spoiled, rancid, moldy, unclean, mixed with foreign substances, adulterated or have abnormal sensory properties; (five) the production and operation of food and food additives with false production date, shelf life or beyond the shelf life; (six) the production and operation of health food, formula food for special medical use and infant formula milk powder that are not registered according to the regulations, or the organization of production according to the technical requirements of the registered product formula and production process; (seven) packaging the production of infant formula milk powder, or the same enterprise uses the same formula to produce different brands of infant formula milk powder; (eight) the use of new food raw materials to produce food, or the production of new varieties of food additives, failed to pass the safety assessment; (nine) the food producers and business operators still refuse to recall or suspend business after being ordered by the food and drug supervision and administration department. Except in the circumstances specified in the preceding paragraph and Articles 123 and 125 of this Law, those who produce and operate foods and food additives that do not meet the laws, regulations or food safety standards shall be punished in accordance with the provisions of the preceding paragraph. Those who produce new varieties of food-related products and fail to pass the safety assessment, or those who produce food-related products that do not meet the food safety standards, shall be punished by the people's quality supervision departments at or above the county level in accordance with the provisions of the first paragraph.

What should I do if I eat something foreign in my food?

In recent years, some consumers reported eating cigarette butts in pickles, drinking dead mice in wine and eating other foreign objects in cans. Some merchants refuse to admit that how consumers prove that foreign objects really come from food or drink has become a key issue. Consumers and businesses have different opinions about whether there are foreign bodies in food and the source of foreign bodies. Since the food has been opened, law enforcement officers can't give a clear identification of whether the food contains foreign bodies, and such consultation questions can't be accepted because there is no authoritative evidence.

What should I do if I find a foreign body in the food?

Article 96 of the Food Safety Law stipulates that consumers who produce food that does not meet the food safety standards or sell food that they know does not meet the food safety standards may demand compensation of 10 times the price from the producers or sellers.

Accordingly, it is wrong for some businesses selling problem foods to only refund or exchange goods for consumers, thus avoiding legal responsibility. In this case, the consumer can claim compensation from the merchant, and the amount is 10 times of the paid price. In addition, according to the relevant provisions of the Tort Liability Law, if the personal rights and interests are infringed due to the purchase of problematic food, resulting in serious mental damage, consumers can also request compensation for mental damage.

Remind consumers that if foreign bodies are found in food, they should first keep good evidence, such as preserving food and taking photos. When encountering the problem food, you should try to keep the original appearance of the problem food, do not destroy the relationship between the food and foreign objects, and immediately call 123 15 for * * *. When the consumer negotiates with the merchant, if the merchant has a verbal commitment, it is best to ask the other party to fix it in the form of words or audio and video to prevent the merchant from going back on his word.

Why do complaints about foreign bodies in food remain high?

According to statistics, "foreign bodies in food" account for a considerable proportion of all complaints. This foreign food includes beer, liquor, jelly, meat products, cakes, dairy products, drinks and so on. And most of the production enterprises complained about are regular large enterprises. In the face of consumer complaints, the irresponsible attitude of some manufacturers is quite worrying.

However, the main reasons for the high food safety complaints are as follows: First, the source of food production enterprises is not strict, and the cost of establishing a high-standard quality inspection and control system is very high, and many manufacturers are unwilling to take the initiative. Second, most front-line production personnel have low education, unskilled technology and weak sense of responsibility. Third, the food sales environment is dirty, chaotic and poor. Fourth, some enterprises recycle expired food for processing before returning to the market. Fifth, the supervision and punishment are not enough. Sixth, some consumers blindly follow suit and complain, which shows the irrationality of consumers.

How to prevent foreign bodies in food?

First of all, in our daily life, we should first choose the right place to buy food, preferably in shopping malls and supermarkets with business qualifications, good reputation and integrity. Secondly, you must look for the food quality and safety market access marked with "QS", and check the production date and shelf life. It is best to have a look before eating, especially drinks, and check for turbidity, precipitation, impurities, etc.

What are the 10 most terrible foreign bodies in food?

There is such a brain teaser that everyone must know: when eating fruit, how many bugs are the most terrible? The answer is half a bug. As for why, you know. But compared with the terrible foreign bodies in the following foods, half a worm is really nothing, don't believe you: 1 Found dead rats dressed as Kate in curry sauce? When Barrett bought a can of roast chicken fillet in the local Asda supermarket, he was looking forward to a delicious meal with great joy, but he didn't expect there was a dead mouse in it. When the nanny prepared dinner for her and her husband Nigel, she poured delicious sauce into the pot. She found a lump, so she began to stir. Then she found this thing a bit like a beard, and later she determined that it was obviously a rodent, and it was not a beard at all, but an animal's tail at all. Later, Kate and her husband took the dead animals and the leftover sauce to the shop. The manager in charge apologized and said that he would send it to relevant departments for inspection. 2. High-temperature gloves in bread in Howes A woman in Northern Ireland found traces of high-temperature gloves in bread slices. In fact, she found it at the moment of eating. Before Christmas, she bought these breads in a local shop. After discovering the foreign body, she immediately reported it to the environmental health department. Later, after inspection, it turned out that the small bag of bread she bought was full of crumbs of high-temperature gloves. The producer of bread in Howes was fined 750 pounds. An American mother took her two children, aged 6 and 8, to McDonald's. She ordered a happy children's set meal with fried chicken for the children and a hamburger with French fries for herself. When they eat, the 6-year-old is more concerned about the slide on the roadside than the chicken pieces his mother bought him. I can't help it Mom is going to eat it herself. She chose a big one, and just as she was about to put it in her mouth, the 8-year-old child shouted out and wouldn't let her mother use it. So she carefully looked at the chicken nuggets, which turned out to be the head of a chicken. The responsible department manager refunded their meal fee and told them that they could come over for dinner at any time in two weeks. However, the mother still filed a lawsuit and demanded compensation of $6,543,800. A 7-inch-long knife was found in the subway buns. A man named John in Queens, new york, sued the local subway restaurant. Because while eating his favorite subway sandwich, he accidentally found a seven-inch knife in it. John is the creative design director of HX magazine. At that time, he was working and didn't pay much attention to what he was eating, but he accidentally ate this strange ingredient, but fortunately he didn't bite the blade. But after a few hours, John felt sick, especially his stomach, and then he had to watch it for a lifetime. 5. A dead frog was found in Pepsi. Fred? When Denegli was resting in the backyard, he opened a can of sugar-free sprite. When he took a swig, he felt something was wrong. The taste of this can of sprite is very wrong. It tastes strange and disgusting. So he went to the pool and poured out the drink. But what he didn't expect was that in addition to the pink things like spaghetti, there was a gray thing exposed, but no matter how he poured it, he couldn't get out. In a word, all this made him feel sick. He immediately handed the can of Sprite to the US Food and Drug Administration for inspection. Soon after, the couple received a detailed report from the department, which said that the foreign body in Sprite was frog or toad. 6. A finger named Clarence was found in the soft milk ice cream? A young man in Stals found a broken finger in his soft ice milk. He also bought this at a local cream shop. Later, the person in charge said it was the finger of a processing worker. In the process of food processing, a worker's finger was accidentally cut off due to a mechanical accident. Consumer Clarence said that when he saw this finger, he thought it was a candy, but when he put it in his mouth, he found it was hard, so he went to the kitchen to clean it, but he never thought it was actually a finger. Later, the person in charge of the store said that this finger belonged to a 23-year-old employee. This unfortunate mechanical accident happened when the machine was distributing cream into the bucket, and this finger also fell into the bucket. Although he tried to get the bucket back, he failed. Several other employees also tried to help save the accident, but unfortunately, he had put the cream in the pint before informing the waiter. 7. Condoms Found in Clam Soup In February 2002, a woman in Irvine ordered a clam soup at McCormick and Schmick Seafood Hotel. When she ate something like rubber, she thought it was fried cuttlefish, but when she vomited on her napkin, she was surprised to find that it was a condom. She immediately reported the matter to the restaurant manager. Later, she sued a restaurant and finally settled it privately. The restaurant also tried to sue the supplier of clams, but the judge held that this was not the responsibility of the supplier. 8. A cockroach was found in an anchovy snack called GoldenBoy. A man almost ate this cockroach while eating GoldenBoy. At first, cockroaches were covered with sesame seeds, so it was difficult to tell whether they were cockroaches. When he found it, he had eaten a third of the snacks. But fortunately, it didn't swallow it. 9. A black widow spider was found in a bag of grapes. Futong's man bought a generation of grapes at Whole Foods Supermarket in Brighton. When he took out a bunch of grapes from the bag, something black fell out. He didn't care too much, thinking it was an ant. But what he didn't expect was that when he looked into the bag, there was a black widow spider inside, which scared him to spit out all the grapes he ate in his mouth. After confirming that it was a black widow spider, he put it in a yogurt cup and went back to the store. The manager said they would take the fruit off the fruit shelf. In a statement,

How to compensate for eating foreign bodies in food?

You can ask the food producers and operators for compensation for losses, or you can ask the producers and operators for compensation for losses ten times the price or three times the loss; If the additional compensation amount is less than 1000 yuan, it is 1000 yuan. According to the provisions of Article 148 of the Food Safety Law, consumers may claim compensation from the operators or producers if they are damaged by eating food that does not meet the food safety standards. The producers and operators who accept the consumer's claim for compensation shall implement the first responsibility system, pay in advance, 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 can demand compensation from the producers and operators for losses that are ten times the price or three times the loss; If the additional compensation amount is less than 1000 yuan, it is 1000 yuan. However, the labels and instructions of food have the defects of not affecting food safety and not misleading consumers. .