A week's eye | Yogurt expires 1 minute to claim a thousand yuan. Should the supermarket compensate?

I bought a bottle of yogurt for only 1 minute in the supermarket, claiming 1,000 yuan ... At the end of August 2022, the news aroused the attention and discussion of netizens.

"Food safety is greater than heaven", how is the deadline for the shelf life of the food determined? What problems should food operators pay attention to? The Yangtze Evening News Zi Niu Journalist interviewed lawyers on these issues and asked him to analyze from a legal perspective. In addition, the reporter's retrieval of relevant cases noticed that not all the cases of buying expired foods can be punished. So what is the basis for the court to make the corresponding judgment?

4.9 yuan to buy yogurt, expire 1 minute claim 1,000 yuan

According to the information released by the Judicial Bureau of Wucheng District, Jinhua City, Zhejiang, one day in late August 2022, Xiao Li went to the supermarket to shop and walked to the yogurt sales counter, and 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.

Article 148 of the Food Safety Law stipulates that the production of food or business that does not meet food safety standards is that foods that do not meet food safety standards. In addition to requiring compensation for losses, consumers can also ask producers or operators to request payment for 10 prices for ten prices. Three times or three times the compensation; the amount of compensation is less than 1,000 yuan, which is 1,000 yuan.

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 to the local court, asking the supermarket to compensate 1,000 yuan. The court entrusted the case to the local 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.

Lawyer: There is no difference in illegal nature, and the time for the temporary food cannot be sold casually

The news caused a lot of discussions by netizens. For the only one -minute yogurt purchased by Xiao Li, does the supermarket need compensation?

Lawyer Xu Xudong of Jiangsu Yicheng Law Firm told the Yangtze Evening News Zi Niu Journalist that Article 34 of the Food Safety Law lists food, food additives, and food -related products that prohibit production and operation. Date, shelf life, or food additives that exceed the shelf life ".

Xu Xudong believes that if there is a clear deadline for food shelf life, if there is a clear deadline, it should be ends at this date, that is, at 24 o'clock on the day; if the shelf life limit is the deadline of the deadline, the time of the deadline is The deadline for time is limited. "Obviously, in this case, under the transaction method of the supermarket sale, the first -hand delivery of goods, the time to check out and delivered the yogurt exceeded the food shelf life, violating the above laws. The possible damage is different, and the illegal nature is not different, "he said.

So, what issues should be paid attention to in the shelf life for food operators? Xu Xudong said that Article 53, paragraph 2 of the Food Safety Law clearly stipulates that food business enterprises should establish a food purchase inspection record system, to truthfully record the production date of food or production batch number, shelf life, purchase date, etc., and save relevant vouchers.

At the same time, even if it is near the shelf life, operators cannot be sold directly on the shelves like ordinary food. Article 12 of the "Anti -Food Waste Law" implemented from April 29, 2021 stipulates that food operators such as supermarkets and shopping malls should strengthen their daily inspections on food they operate. Display for sale.

Not all situations can be compensated.

The Yangtze Evening News reporter search for related cases and found that many operators were judged ten times the case for sale or replenishment of thousands of yuan for compensation for sale. However, it should be noted that not all the situation of the expired food requires punitive compensation to be supported by the court.

The reporter noticed that in June 2022, when the people's Court of Huli District, Xiamen City, Fujian, such cases found that Zhang and his companions were on the grounds of supermarkets and convenience store sales in 4 months. The court mentioned 69 cases of disputes in the buying and selling contract, all of which were required to be sued in supermarkets and convenience stores to refund the shopping funds, and paid 1,000 yuan in punitive compensation in accordance with the "Food Safety Law". The court believes that the Food Safety Law, as a special law in the field of food consumption, should apply the concept of consumers in the Consumer Rights Protection Law. Obviously Zhang's batch of prosecution was not for individual or family life, but to use punitive compensation as his own profit, violating the principle of integrity, and not applying the relevant provisions of the Food Safety Law. Therefore, the hospital's punitive compensation request made by Zhang did not support it, and only the supermarket was judged to refund the shopping model.

In addition, if there is a intention of extorting merchants, the situation is seriously pursued by the corresponding criminal responsibility.

In July 2022, a crime of extortion was announced by the People's Court of Beijing Miyun District, and several defendants deliberately purchased expired biscuits, orange juice drinks and other foods in the supermarkets of Miyun's many township supermarkets.The merchants bear tens of thousands of yuan for medical expenses and tolls, and claimed that they would report or make trouble if they did not lose money.The administrative departments have found that several people have reported many times, and they all ask for property from different merchants with this means, so they transfer the clues to the police.In the end, the Miyun Court identified the four defendants to constitute a crime of extortion, and sentenced four defendants to a punishment ranging from eight months to eight months in prison for two years and ten months in prison, and fined 30,000 to 10,000 yuanYuan.(Yangzi Evening News reporter Wan Chengyuan)

Edit: Qin Xiaoyi

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