The guy bought yogurt and found that it expired for 1 minute, claiming 1,000 yuan!Should the supermarket be compensated?

Recently, Xiaoli in Zhenhai, Ningbo Zhenhai purchased a bottle of yogurt at the supermarket, and found that the yogurt expired for one minute at the checkout. Xiao Li filed a claim of 1,000 yuan to the supermarket, but was rejected by the supermarket. So, how to solve this matter? Should the supermarket compensate?

On the same day, Xiao Li went to the supermarket to shop and walked in front of the yogurt sales counter. He chose a bottle of yogurt with a price of 4.9 yuan. After the checkout, Xiao Li glanced at the receipt ticket, showing the checkout time at 8:29 pm. Xiao Li looked at the yogurt bottle again. The shelf life was 21 days, and the deadline until 8:28 that night.

"Even for a minute, it was expired." Xiao Li made a request to claim 1,000 yuan. However, the supermarket said, "The return is available, and the compensation is not available." For this incident, the two sides negotiated many times, but never reached an agreement.

Xiao Li believes that the expired yogurt is the responsibility of the supermarket, and he decided to ask for himself. Therefore, he filed a lawsuit with the Camel Court of the Town Sea District Court of Ningbo, asking the supermarket to compensate 1,000 yuan. The court entrusted the case to the Zhenhai District People's Mediation Committee for mediation. Under the persuasion of the mediator, the two parties finally reached a settlement, which was compensated by the supermarket to 400 yuan.

So, one minute after the product is expired, should the seller be liable for compensation? Which is the transaction time of the product? Gu Meng, director of Zhejiang Fengjixin Law Firm, said that since the moment Xiao Li paid for milk, the ownership of the milk was transferred from the supermarket to Xiao Li, and the risk responsibility was transferred to this.

The critical time point is based on the detailed time displayed on the small ticket. Before that, all the problems of the yogurt were responsible for the merchant; since then, Xiao Li is responsible. "Therefore, even if the difference is one second, the supermarket should bear legal responsibility." Gu Meng said.

What kind of responsibilities do merchants should be assumed for expired products? Gu Meng said that according to the Food Safety Law of the People's Republic of China, if consumers are damaged by foods that do not meet food safety standards, they can request compensation to the operators for losses, or they can also request compensation for producers.

The manufacturer who receives consumer compensation shall implement the first responsible system, pay first, and shall not be pushed; if it belongs to the producer responsibility, the operator shall have the right to recover from the producer after compensation; Later, he has the right to recover from the operator.

The production of foods that do not meet the food safety standards or the operation knows that it is a food that does not meet the food safety standards. In addition to requiring compensation for losses, consumers can also ask producers or operators The amount of compensation is less than 1,000 yuan and is 1,000 yuan. However, except for food labels and instructions that do not affect food safety and do not mislead consumers.

Gu Meng reminded consumers that if you buy over -expired and metamorphic foods, you should save the small tickets and payment records of buying the food. It can seek mediation from the Consumer Protection Commission or the market supervision department, or a lawsuit with the people's court to resolve it.

"If the customer knows that the commodity is about to expire and deliberately obtain the goods without buying it in time, the supermarket may not be liable for compensation." Gu Meng said that the second of the "Consumer Rights Protection Law of the People's Republic of China" pointed out that "consumers are life for life Consumption needs to be purchased, using goods or receiving services, and its rights and interests are protected by this law. "That is to say, only consumers' purchase behavior is to be protected by" eliminating law "for life needs to be purchased, using goods or receiving services. If consumers get the product first, and then deliberately delay the time to expire the goods, and then buy it for claims, there will be the intention of extorting the merchant, and the serious legal liability will be investigated in accordance with the criminal law.

Source: Zhejiang Legal Daily

- END -