The people take food as the sky, and food is the first thing. What should I do if I accidentally buy expired food? On the occasion of the "March 15" International Consumer Rights Day, the Taoyuan County People's Court successfully mediated two consumer disputes arising from the purchase of expired food.
It is reported that on July 1, 2023, Li and Wang bought two hams in a supermarket in Taoyuan, ** is 9$5. The ham is labeled with a production date of April 1, 2023 and a shelf life of 90 days at room temperature. After Li and Wang checked out, they found that the ham had passed its expiration date, so they demanded compensation from the supermarket. After understanding the situation, the supermarket manager expressed his willingness to refund one and pay three, but Li and Wang asked for compensation of 1,000 yuan in accordance with relevant laws and regulations, and the store manager felt that the two were deliberately embarrassed and refused their request. Li and Wang complained to no avail, so they filed a lawsuit with the court.
After accepting the case, the presiding judge immediately communicated with both parties and learned the basic facts. The person in charge of the supermarket said that the expired ham was not deliberately sold by the supermarket, because it was a small commodity, and the clerk happened to miss two when he removed it from the shelves, and he was willing to replace or refund it after the incident, but the other party asked for too much compensation, so it was not resolved.
Because the facts were clear and the amount involved was small, the judge explained the law to the person in charge of the supermarket, telling the supermarket, as a food seller, that the supermarket failed to conduct regular safety inspections on the food sold, resulting in the food being sold on the shelves beyond the shelf life, and the supermarket should be liable. Whether it is a mistake in the management of the supermarket or a problem of the clerk, the supermarket should be held responsible.
Under the judge's patient mediation, the two parties finally reached an agreement, and the supermarket compensated Li and Wang 500 yuan each.
Judge's tip
Food safety is no trivial matter, and businesses have the obligation of food safety, and should store food in accordance with the requirements of ensuring food safety, regularly inspect the inventory of food, and clean up the food that has deteriorated or exceeded the shelf life in a timely manner. When storing bulk food, food business operators shall indicate the name of the food, the date of production or the batch number, the shelf life, the name of the producer and the contents of the food at the storage location. If a consumer produces food that does not meet food safety standards or sells food that he knows does not meet food safety standards, in addition to claiming compensation for losses, he or she may also demand compensation from the producer or operator for ten times the price or three times the loss; 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.
In addition, consumers should carefully check the product shelf life, production date and other information when purchasing products, so as to avoid buying substandard products. It is also necessary to pay attention to raising the awareness of preserving evidence, and pay attention to requesting and keeping sales invoices, receipts, electronic payment vouchers, product packaging, and remaining products when shopping, so as not to affect subsequent rights protection due to insufficient evidence.
*: Fingertip News.
Author: Zhang Man, Wu Mengxia.
Editor: Yi Sainan.