Food eaten out of body hair is true, according to the food safety law, the production of food that does not meet food safety standards, or operating knowingly does not meet food safety standards of food, consumers in addition to compensation for losses, but also to the producer or operator to demand payment of ten times the price or loss of three times the damages; increase the amount of compensation is less than one thousand yuan, one thousand yuan.
Case:
October 8, Yinchuan citizen Ms. Sun to the news hotline: the afternoon of October 1, she purchased more than 100 yuan from the Jinfeng District, an AILI cake store, the next morning when the family consumed the cake found that one of the piece of cake has a body hair. The store wants to compensate for the end, the consumer insisted to find out why. Reporter interview, the Yinchuan City Market Supervision Bureau reported complaints management section in charge of Zhang Li said, food in the foreign body is inevitable.
The reporter learned that on October 1, Ms. Sun took her children in Jinfeng District, Fuzhou South Street, AILI cake store to buy a new caterpillar, coconut crispy, chocolate bite of a variety of cakes. 2 morning, 8-year-old daughter ate breakfast, found that there is a curly body hair in the cake. Hearing her daughter asked, Ms. Sun took a closer look, not like hair, like other parts of the body hair, immediately let the child stop eating. In the afternoon, Ms. Sun approached the manager of the cake store to explain the situation and ask why. The store manager said that the situation needed to be reported to the higher-ups. Shortly after Ms. Sun left the bakery, the store manager called and said he was willing to compensate Ms. Sun 200 yuan to end the matter. Ms. Sun said that she was not asking for compensation, but wanted to know why body hair appeared in the cake, and whether the production of AILI Cakes was safe or not. Subsequently, two staff members of AILI Cake Shop contacted Ms. Sun, hoping to solve the problem through compensation, but the other party did not give any explanation about the "statement" that Ms. Sun wanted. One of the responsible person asked Ms. Sun to send the cake to the AILI cake factory to do testing and identification. Ms. Sun said she wanted to keep the evidence, and even if she sent it to the Market Supervision and Administration Department or the Consumer Protection Association to "find out the truth". In Ms. Sun's insistence, the afternoon of the 3rd, AILI cake store staff to Ms. Sun's residential district on the problem of cake shooting evidence.
The reporter contacted the AILI cake store, Wu shopkeeper, which said that the cake is unified by the factory production and processing, the need for another department of the cake factory to explain. AILI cake a claim to be responsible for the quality of the cake management, Mr. Liu said they did not get the cake, can not be identified as problematic cake is the product of AILI.
October 10, Yinchuan City, market supervision and management department of the two parties concerned in this complaint mediation, but did not reach an agreement. AILI cake staff still want to solve the problem by way of compensation, but Ms. Sun did not accept it, she said that simple compensation of a few hundred dollars can not be a fundamental solution to the problem, not allowed to say that someday the cake will reappear in the safety of the unidentified body hair hazard. Ms. Sun insisted that AILI Cakes be responsible for the quality of the cakes it produces, explaining why such disgusting foreign objects appeared in the cakes and hoping that the other party would eliminate the food safety hazards by way of rectification.
Yinchuan City Market Supervision Bureau of Complaints Management Section responsible person Zhang Li told reporters that the Market Supervision Bureau has received a complaint from the consumer Ms. Sun, the branch staff to go to the AILI cake store, from the beginning of the production process to start the investigation, investigation of this foreign body is how to cause, how can let the hairs in. Zhang Li also said, as a food business is not at all defective is also impossible and unrealistic.
Legal basis:
"Chinese People's **** and State Food Safety Law" Article 126 Violation of the provisions of this law, one of the following circumstances, by the people's government at or above the county level of food and drug supervision and management department ordered to make corrections, and given a warning; refused to make corrections, impose a fine of more than 5,000 yuan of 50,000 yuan or less; the circumstances are serious. Ordered to suspend production and business, until the revocation of the license:
(A) food, food additives producers are not in accordance with the provisions of the procurement of food raw materials and production of food, food additives inspection;
(B) food production and management enterprises are not in accordance with the provisions of the establishment of a food safety management system, or are not in accordance with the provisions of the food safety management personnel equipped with, or trained, assessed;
() (C) food, food additives production and operation of goods without checking the license and relevant documents, or failure to establish and comply with the provisions of the purchase inspection records, factory inspection records and sales records system;
(D) food production and operation of food production and operation of food safety accidents have not been formulated to deal with the program;
(E) tableware, drinking utensils and containers to hold direct access to food, before use without Wash, disinfect or cleaning and disinfection is not qualified, or food service facilities and equipment are not in accordance with the provisions of regular maintenance, cleaning, calibration;
(F) food production and operation of food production and arrangement of not obtaining health certificates or suffering from the State Council's administrative department of health provisions of the food safety of the disease hindering the person engaged in contact with the direct entrance to the food;
(VII) food business operators do not comply with the provisions of the requirements of the Sales of food;
(h) health food manufacturers do not comply with the provisions of the food and drug supervision and management department for the record, or not in accordance with the filed product formulations, production processes and other technical requirements for the organization of production;
(ix) infant formula food manufacturers do not food raw materials, food additives, product formulas, labels, etc. to the food and drug supervision and management department for the record;
(J) special food manufacturers do not establish production quality management system and effective operation, or not regularly submit self-inspection reports;
(k) food manufacturers and operators do not regularly inspect and evaluate the food safety situation, or changes in production and operation conditions, not dealt with in accordance with the provisions of;
(l) schools, child care institutions, nursing homes, construction sites and other centralized Dining units are not required to fulfill the food safety management responsibilities;
(xiii) food production enterprises, food service providers are not required to develop and implement the production and operation process control requirements.
Tableware, drinking utensils centralized disinfection service units in violation of the provisions of this Law, the use of water, detergents, disinfectants, or factory tableware, drinking utensils are not in accordance with the provisions of the inspection and accompanied by proof of disinfection, or not in accordance with the provisions of the independent packaging labeled with the relevant content, by the people's governments at or above the county level of the health administrative department in accordance with the preceding paragraph shall be punished.
Food-related products producers are not in accordance with the provisions of the production of food-related products for testing, by the people's governments at or above the county level, the quality supervision department shall be punished in accordance with the provisions of the first paragraph.
Sellers of edible agricultural products in violation of the provisions of Article 65 of this Law, by the people's governments at or above the county level, the food and drug supervision and management departments shall be punished in accordance with the provisions of the first paragraph.