Legal analysis:

1. Require the seller of the product to replace or return the product.

Food safety issues are of vital importance, and my country’s food hygiene requirements are relatively strict. For food producers and operators, national law clearly stipulates that they are not allowed to produce and sell expired and spoiled food, and they are subject to the relevant provisions of the Food Safety Law of the People's Republic of China. The regulations require food producers and operators not to use expired, spoiled and inferior raw materials to produce food. At the same time, they must pay attention to the preservation of food, regularly inspect and recall all spoiled and expired food on the market, and maintain the order of the food market. At the same time, we cannot produce or sell substandard food or food with harmful additives. Therefore, when consumers buy food, they should pay attention to the label and production ingredients of the food, as well as the production license, production date and expiration time. At the same time, they should keep the shopping receipt and develop the habit of asking for shopping receipts. If unfortunately consumers buy expired or substandard goods, they can use their shopping receipts to ask the merchandise operators and producers to unconditionally replace or return the goods.

2. Dial 12331 to complain to the Food and Drug Administration.

Consumers must know the law and learn how to use it. Always remember the 12311 complaint hotline of the Food and Drug Administration to protect your rights. When consumers purchase expired and spoiled food, they must first negotiate with the merchant to replace or return it. If commodity producers and operators have a bad attitude, they can complain to the relevant departments. For example, dial the 12331 complaint hotline of the Food and Drug Administration. The relevant local departments will conduct investigation and spot checks in a timely manner after receiving the complaint. They must file a complaint as soon as possible and within valid working days. Consumers will protect their rights and unscrupulous merchants will be punished.

3. Ask for compensation.

In order to protect the rights and interests of consumers and food safety, Paragraph 2 of Article 96 of the "Food Safety Law" clearly stipulates that if a food producer or operator produces food that does not meet the health license standards, Food will be severely punished by relevant laws. According to the food hygiene and safety regulations implemented on October 1, 2015, if consumers purchase expired and spoiled goods, they can require compensation from food producers and operators. In addition, they can also seek compensation from producers or sellers. Ask for 10 times the compensation for the purchased goods. More importantly, the production and sale of expired and spoiled food endangers public health and safety.

Legal basis:

Article 39 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" If consumers and operators have disputes over consumer rights and interests, they may Solve the problem through the following channels:

(1) Negotiate and reconcile with the operator;

(2) Request mediation from the consumer association or other mediation organization established in accordance with the law;

(3) Complain to the relevant administrative department;

(4) Submit it to an arbitration institution for arbitration according to the arbitration agreement reached with the operator;

(5) File a lawsuit with the People's Court.

Derived questions:

Can I claim tenfold compensation for spoiled take-out food? Answer:

If take-out food spoils, consumers can ask the food operator to compensate, and they can ask for ten times the compensation.

Article 148 of the "Food Safety Law of the People's Republic of China" stipulates that consumers who are damaged by food that does not meet food safety standards may request compensation for losses from the operator. You can also claim compensation for losses from the producer. Producers and operators who receive consumer compensation demands shall implement the first responsibility system and pay compensation first without shirk; if it is the producer's responsibility, the operator shall have the right to recover compensation from the producer after making compensation; if it is the operator's responsibility, the producer shall compensate shall have the right to recover compensation from the operator.

If you produce food that does not meet food safety standards or operate food that you know does not meet food safety standards, in addition to demanding compensation for losses, consumers can also demand from the producer or operator ten times the price or the loss. Triple the amount of compensation; if the amount of increased compensation is less than one thousand yuan, the amount shall be one thousand yuan. However, this is excepted if there are defects in food labels and instructions that do not affect food safety and will not mislead consumers.