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Food is the priority for the people, and food safety is the first priority.
It is the legal responsibility and obligation of food production and processing operators to protect the "safety on the tip of the tongue" of the people
.
However, there are also individual illegal traders who are greedy for profit and produce and sell food that does not meet safety standards
.
Recently, the Qidong Court concluded a product liability dispute in which a food processor was administratively punished for using industrial salt to pickle jellyfish , and turned to the salt seller for compensation for losses, and finally determined that the food processor was administratively punished for his own illegal behavior.
At its own risk, the judgment dismissed all its claims
.
It is the legal responsibility and obligation of food production and processing operators to protect the "safety on the tip of the tongue" of the people
.
However, there are also individual illegal traders who are greedy for profit and produce and sell food that does not meet safety standards
.
Recently, the Qidong Court concluded a product liability dispute in which a food processor was administratively punished for using industrial salt to pickle jellyfish , and turned to the salt seller for compensation for losses, and finally determined that the food processor was administratively punished for his own illegal behavior.
At its own risk, the judgment dismissed all its claims
.
basic case
Liu has been engaged in seafood processing since 2012
.
In July 2020, Liu began to buy salt from Huang, and Huang delivered 10 tons of sun-dried salt with the manufacturer as a salt company and the implementation standard as "GB/T5462-2015" to Liu in Zhejiang.
processing department
.
After that, the local market supervision department seized 124 packets of the above-mentioned sun-dried salt and several barrels of jellyfish preserved with this salt when Liu’s processing department was inspected.
The administrative penalty of confiscating sun-dried salt, jellyfish and a fine of more than 100,000 yuan shall be imposed in accordance with the law on the grounds that food raw materials are used to produce food
.
.
In July 2020, Liu began to buy salt from Huang, and Huang delivered 10 tons of sun-dried salt with the manufacturer as a salt company and the implementation standard as "GB/T5462-2015" to Liu in Zhejiang.
processing department
.
After that, the local market supervision department seized 124 packets of the above-mentioned sun-dried salt and several barrels of jellyfish preserved with this salt when Liu’s processing department was inspected.
The administrative penalty of confiscating sun-dried salt, jellyfish and a fine of more than 100,000 yuan shall be imposed in accordance with the law on the grounds that food raw materials are used to produce food
.
Liu believes that the loss should be borne by Huang, and sued to the court
.
Huang argued that when Liu bought salt, he said it was to increase the salinity of the aquatic product pond, but he did not say that he was buying edible salt
.
.
Huang argued that when Liu bought salt, he said it was to increase the salinity of the aquatic product pond, but he did not say that he was buying edible salt
.
After the trial, the Qidong court held that Liu, as a food processing operator, knew that edible salt must be used for pickling jellyfish, and he claimed that buying edible salt from Huang violated the law at the source of the purchase
.
Secondly, the price difference between edible salt and industrial salt is relatively large.
The price of salt purchased by Liu is much lower than the price of salt released by the national and local price departments, which can disprove the authenticity of Liu’s claim to buy edible salt from Huang
.
Moreover, the implementation standard of the label on the package of the sun-dried salt involved in the case is industrial salt.
Liu did not inquire about the salt when he received the salt and before using it, and just used the pickled jellyfish, which violated the basic business ethics of a professional seafood processor
.
.
Secondly, the price difference between edible salt and industrial salt is relatively large.
The price of salt purchased by Liu is much lower than the price of salt released by the national and local price departments, which can disprove the authenticity of Liu’s claim to buy edible salt from Huang
.
Moreover, the implementation standard of the label on the package of the sun-dried salt involved in the case is industrial salt.
Liu did not inquire about the salt when he received the salt and before using it, and just used the pickled jellyfish, which violated the basic business ethics of a professional seafood processor
.
To sum up, the court held that Liu was not a bona fide purchaser, and the losses he claimed were due to his own illegal actions and should be borne by himself, and made the aforementioned judgment
.
.
Judge's statement
Article 4 of the " Food Safety Law of the People's Republic of China " stipulates that food producers and operators shall engage in production and operation activities in accordance with laws, regulations and food safety standards, ensure food safety, be honest and self-disciplined, and be responsible to the society and the public
.
Article 53 stipulates that when food operators purchase food, they shall check the supplier's license and the food factory inspection certificate or other qualification certificates, and establish a food purchase inspection record system
.
.
Article 53 stipulates that when food operators purchase food, they shall check the supplier's license and the food factory inspection certificate or other qualification certificates, and establish a food purchase inspection record system
.
In this case, the plaintiff, as a professional operator engaged in seafood processing, knew that edible salt must be used for pickling jellyfish.
However, he purchased the so-called "table salt" from a natural person and used it to pickle jellyfish at a price far below the market price.
After being punished by the administrative organ, attempting to "recover losses" by means of a civil lawsuit is actually a manifestation of dishonesty and trustworthy operation.
The law should make a clear negative evaluation of their behavior to combat such illegal behaviors by bad food operators
.
However, he purchased the so-called "table salt" from a natural person and used it to pickle jellyfish at a price far below the market price.
After being punished by the administrative organ, attempting to "recover losses" by means of a civil lawsuit is actually a manifestation of dishonesty and trustworthy operation.
The law should make a clear negative evaluation of their behavior to combat such illegal behaviors by bad food operators
.
