Does anyone in your circle of friends sell food?
In the era of micro-business, all kinds of homemade lo-mei, freshly made pastries, secret sauces, etc. have blown up the circle of friends of the majority of foodie friends, and even private dishes for lunch have been delivered to the door, however, are these homemade delicacies rampant in the circle of friends really safe? Is the production and sales of micro-business partners legal?
Recently, there has been new progress in the much-watched case of "a peasant woman was sentenced to pay 50,000 yuan for selling 150 servings of tamales". The Chongqing Municipal High People's Court has made a civil ruling, and the parties have reached a settlement, allowing the plaintiff (Shao) to withdraw the lawsuit and revoke the original first-instance and second-instance judgments.
Regarding the food safety issues involved above, the lawyer will give guidance below.
Case sharing
In July 2021, consumer Shao purchased 150 servings of cooked tamales at the Mao Mama Business Department (hereinafter referred to as Mao Mama) in Zhongxian County, Chongqing.
After receiving the goods, Shao found that there was no information such as product name, production date and shelf life on the packaging of this batch of cooked food, so he sued Mao's mother to the court, requesting "one refund and ten compensation".
After trial by the Chongqing Hechuan District People's Court and the Chongqing No. 1 Intermediate People's Court, both courts supported Shao's claim. It was determined that in addition to the refund and return, Mao's mother had to compensate the other party 10 times 499916 yuan, a total of more than 50,000 yuan.
According to Article 35 of the Food Business License, the state implements a licensing system for food production and operation.
Those engaged in food production, food sales, and catering services shall obtain a license in accordance with law. However, a licence is not required for the sale of edible agricultural products and only pre-packaged food. If only pre-packaged food is sold, it shall be reported to the local people's food safety supervision and management department at or above the county level for the record.
Some friends may want to make their own pastries in the circle of friends, etc., if they do not obtain the "Food Business License", it is really not recommended to do so.
At the same time, in order to avoid violating the law and avoiding being fined, physical store operators and managers should publicize and sell their own products in Moments, and remember to publicize the business license and food business license information in a prominent position in WeChat Moments in a timely manner to avoid violating relevant laws and regulations.
In the same way, as a consumer, shopping at a well-qualified food store is responsible for one's own health.
Since most of the homemade food sold in the circle of friends does not have a physical store, and most of the food sold is made at home, once there is a problem with food safety, those sellers who do not have a license only need to close the store in the virtual world or cancel the *** can completely disappear in the vast sea of people, so consumers must be cautious when buying homemade food sold in the circle of friends!
I hope the above content can help you, if you need to consult legal issues, you can comment and reply, and the lawyer will answer you one by one.
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