Is the "cross -border" children's kitchenware safe?

From September this year, as one of the content of labor class, cooking has entered the compulsory class of primary and secondary students. The labor course brought fire children's kitchen utensils. In addition to the size mini and colorful, the "children's version" kitchen utensils are not obviously different from the actual function of family kitchen utensils, but the merchants have significantly note the words "children's toys" for children's kitchenware. Essence

So, what are the legal risks of children's kitchenware like this "cross -border"?

"Mini version" kitchenware is not necessarily toys

"Compulsory Education Labor Curriculum Standards (2022 Edition)" recommends that primary and secondary school students of different ages should learn home cooking skills that are adapted to their age groups. Especially after labor classes have become compulsory courses in primary and secondary school students, a kitchen utensil suitable for children is particularly necessary.

At present, the kitchen utensils of most families are a bit "exceeding the standard" for children, no matter how they are "exceeding the standard" and are inconvenient to operate. For safety reasons, in order to stimulate the interest in cooking, many parents choose to buy children's kitchen utensils for children. On the online shopping platform, children's kitchenware is as large as an induction cooker, non -sticky pot, and small as small as pots, pans, knife, and cutting boards.

However, there are hidden safety hazards in children's kitchenware. Some netizens commented after purchasing a children's kitchen utensils: "There is a chemical taste when heating", "The good dishes are black, and after washing the dishes or black ..." According to media reports, the reporter in major e -commerce companies in major e -commerce companies Relevant products on the platform found that some product merchants only provided a national compulsory product certification certificate for the "liquid heater" product. There is no implementation standard for the materials used in children's pots and other items. Safety conditions are worrying. In addition, children's kitchen utensils are basically real pots, real shovels, real knives, and real stoves, and many of them need to be powered on or light fire during use, not simple toys. If no parents are tutoring, children can easily cause their own injuries or cause fire during the operation.

In order to avoid industry supervision and legal regulations, some businesses directly qualitatively qualitatively have children's kitchen utensils as toys. Article 55 of the Protection Law of the Minor Protection of my country stipulates that the food, medicines, toys, toys, appliances and game entertainment facilities, and amusement facilities used for production and sales for minors shall meet national or industry standards and shall not endanger minors. Personal safety and physical and mental health. The producers of the above -mentioned products should indicate the precautions in a significant position, and those who have not been marked shall not be sold.

The author believes that children's kitchen utensils should be treated differently by toys or kitchen utensils and cannot be "cross -border." Some obvious cooking food functions, even the "mini version", should belong to the category of kitchen utensils and accept corresponding market supervision; and the other part has the form of kitchenware but does not have corresponding functions. There are obvious "toys" logo on its product packaging. Although some businesses are currently based on the national standards of toys when making children's kitchen utensils, in fact, the national standards of toys safety in my country clearly specify that "functional toys such as electric furnaces are required. As a toy. "Strictly speaking," children's rice cooker "and" children's induction cooker "already have the functions of kitchenware, and the production standards of relevant domestic kitchen appliances should be applied at the same time.

Both quality and safety need to be guaranteed

Children's kitchenware is almost the same as the real home kitchenware in actual operation. Improper operation of minors brings safety risks. If the child's induction cooker is heated, the temperature of the pot can reach up to 200 ° C. However, the current main producer of children's kitchenware is still toy manufacturers. Under such production conditions, children's induction cookers generally do not have an overheating protection mechanism. The temperature on the surface of the kitchen utensils will be very high. Children are easily burned or even in use during use. Cause fire.

The hidden food safety hazards brought by children's kitchenware cannot be ignored. It is understood that my country currently does not have a unified standard for "children's kitchenware". Most of the kitchenware on the market follow the national standard of food safety. For example, for stainless steel tableware that contact food, my country implements the "National Standard · Stainless Steel Tableware" or "National Standards for Food Safety · Food Metal Materials and Products". Very large food safety hazards.

If a merchant sells children's kitchen utensils with quality and food safety risks under the banner of children's toys, it may constitute a crime. Article 140 of the Criminal Law of my country stipulates that producers and sellers are mixed and adulterated in the products, and they are charged with fakes or pretending to be qualified products with unqualified products. In the Yuan, a fine of less than two years of imprisonment or detention, and the amount of sales of more than 50%or less or less or less; if the sales amount is more than 200,000 yuan or more, less than 500,000 yuan, and the imprisonment of more than two years and seven years, and it is imprisoned for two years and seven years. The sales amount of more than 50%or less; if the sales amount of 500,000 yuan or more is less than 2 million yuan, it will be sentenced to more than seven years in prison, and the sales amount is over 50%or less. Fifteen years of imprisonment or life imprisonment, and the sales amount of more than 50%or more than twice the fines or confiscated property.

Fake publicity can be required to compensate three times

Faced with the dazzling children's kitchenware on the major online shopping platforms, coupled with the publicity of merchants, it really makes it difficult for consumers to distinguish which are false propaganda and consumer traps, and which are safe kitchenware worth buying for children. Article 20 of my country's Consumer Rights Protection Law stipulates that the operator provides consumers with information such as the quality, performance, use, and validity period of relevant commodities or services. In the name of selling children's toys, some merchants sell kitchen utensils that have not yet met relevant product standards, which may violate the above provisions. Article 55 of the Consumer Rights Protection Law stipulates that if an operator provides fraudulent behaviors of goods or services, it shall increase the loss of compensation in accordance with the requirements of the consumer, increase the amount of compensation Three times the cost. The operator knows that there are defects in the commodity or service and still provide consumers, causing the death of consumers or other victims to be severely damaged, and the victim has the right to request the operator to compensate for the loss in accordance with the relevant laws of this law and have the right to request the request. Punishment of less than double the loss. It can be seen that if personal property security is violated due to the fraudulent behavior of children's kitchenware merchants, parents can pick up legal weapons and safeguard their legitimate rights and interests.

Article 8 and 20 of the Anti -Unfair Competition Law also stipulates that operators shall not make false or misunderstandings to the performance, functions, quality, sales status, user evaluation, and honor of their products. Misaclation of consumers. The operator violates the provisions of this Law to make false or misunderstandings of its products, or help other operators to carry out false or misunderstandings by organizing false transactions and other methods. A fine of less than 200,000 yuan or less; if the circumstances are serious, a fine of 1 million yuan and less than 2 million yuan can be revoked. Therefore, the manufacturer of children's kitchenware should choose the corresponding national standards according to the real performance of the product. When selling, it should also indicate whether it is a toy or a kitchenware. If the rights and interests of consumers are damaged due to false propaganda, they will bear the corresponding legal consequences.

Adding cooking to primary and secondary school students is a compulsory course, and encouraging minors to participate in family labor has far -reaching educational significance. Kitchenware can have a "mini version", but safety must not shrink. Guarding the healthy growth of minors is the common responsibility of all sectors of society. First of all, the market regulatory authorities should strengthen the market management of kitchenware and stoves, and formulate related production standards for children's kitchenware as soon as possible. At present, children's kitchen utensils with dual functions should supervise their dual production standards for toys and kitchenware to ensure the safety of minors. Secondly, merchants must consciously implement relevant national standards, and clearly label the nature of the product on the outer packaging, and accept the supervision of all sectors of society. Merchants should be aware of the importance of the safety of children's kitchen utensils. For the characteristics of minors, they create safety and standard children's kitchen utensils. In addition, parents must be cautious when buying children's kitchen utensils for their children, and do not follow the trend blindly. When children are used, parents can also effectively avoid safety risks.

Source | "Beijing Daily" September 7, 2022, 14th edition

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