On the morning of September 17, Ms. Xiao cleaned up the kitchen at home and prepared to make lunch. Suddenly, I saw that the soy sauce I bought a few days ago was wrong, and when I looked closely, I found that the surface of the soy sauce was full of maggots floating in a circle, and it was still wriggling. This can make Ms. Xiao disgusted on the spot.
Subsequently, Ms. Xiao approached Vanguard and asked for a reasonable explanation. After all, a company as big as Qianhe and a supermarket as big as China Resources Vanguard would have such a situation, Ms. Xiao felt very incredible. Ms. Wang (pseudonym), the person in charge of the Nanchang Jiefang West Road store of China Resources Vanguard, was also surprised to hear Ms. Xiao's question. Because nothing like this has ever been encountered. Ms. Wang confirmed the facts that Ms. Xiao said and was not a farce. She also carefully checked the specific reason, and Ms. Wang found that there was a bottle of the same batch of unopened bottles on the shelf of the Qianhe soy sauce purchased by Ms. Xiao, and she did not find any quality problems.
Later, Ms. Wang contacted the Qianhe manufacturer, and the reply given by the manufacturer was that if the quality problem was found if the purchase was not opened, the manufacturer should take responsibility and make compensation. But now that it has been opened, there is no way to define this. The manufacturer's reply seems a bit perfunctory, but it is also true. After all, when you buy it back, you don't find any problems, and it may not be impossible to lose the bottle cap due to bad quality during storage.
Although Ms. Xiao was not satisfied with this reply, and even felt ridiculous, after all, she did not find any quality problems when she first bought it. It's as undefinable and unclear now, as they say.
01. Who will bear the direct responsibility? And make compensation?
The appearance of maggots in soy sauce bottles is related to the sterilization process in the production process on the one hand, and on the other hand, the use habits of consumers, the storage environment and the season will also be affected. If you find out that there is a problem with the soy sauce just a few days after you buy it, it is untenable to say that it was caused by improper storage by the consumer, so it is very likely that there is a problem with the soy sauce itself. If it is determined that it is a soy sauce problem, you can claim compensation from the operator or the producer. Producers and operators who receive consumer compensation requests shall implement a first-bear responsibility system, pay compensation first, and must not pass the buck; If it is the responsibility of the producer, 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, so the manufacturer of the soy sauce bears direct liability.
02. How should we defend our rights when we encounter businesses "kicking ball"?
According to Article 39 of the "Consumer Rights and Interests Protection**" [Dispute Resolution Channels] If a dispute arises between a consumer and a business operator, it can be resolved through the following channels:
1) Negotiate a settlement with the operator;
2) Requesting mediation by consumer associations or other lawfully established mediation organizations;
3) Lodge a complaint with the relevant administrative department;
4) Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator;
5) Initiating litigation in the people's courts.
Ms. Xiao can negotiate with the merchant and manufacturer first, and if nothing fails, she can complain and report to the relevant departments such as food management, or she can protect her rights and interests through legal channels.
03. How to interpret this case with the Food Safety Law?
According to Article 4 of the Food Safety Law, food producers and traders shall engage in production and business activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, be responsible for the society and the public, accept social supervision, and assume social responsibility.
Article 148: If a consumer suffers damage due to food that does not meet food safety standards, he or she may claim compensation from the operator or the producer. Producers and operators who receive consumer compensation requests shall implement a first-bear responsibility system, pay compensation first, and must not pass the buck; If it is the responsibility of the producer, 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.
Finally, on the issue of compensation for the infringement of consumers' rights and interests, Article 148: In addition to claiming compensation for losses, consumers may also demand compensation of 10 times the price or 3 times the loss from the producer or operator for the production of food that does not meet the food safety standards or the operation of food that they know does not meet the food safety standards; Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB. However, there are exceptions to the defects on the labels and instructions of the food that do not affect food safety and will not mislead consumers.
04. Enlightenment of this case
For consumer goods that are consumed daily, there are food safety incidents, and it is difficult to protect rights in such incidents. For consumers, they should go to formal channels to buy and keep receipts, so that even if a food safety accident does occur, the road to rights protection will be relatively easy.