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Original Title: Judicial Interpretation of the Supreme Law further guarantees "safety on the tip of the tongue"
The Supreme People’s Court announced on the 9th the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Food Safety Civil Dispute Cases (1)”, starting with issues related to e-commerce platforms and public transportation vehicles that are of general concern to all walks of life, and the subject of civil liability for food safety Provisions are made for identification, liability for compensation, and litigation procedures
It is reported that from 2017 to the first half of 2020, people's courts at all levels across the country have received 49,000 new online shopping contract disputes in the first instance.
In this regard, the judicial interpretation further clarified the responsibilities of e-commerce platforms to ensure the safety of online food shopping
The judicial interpretation also stipulates that the food sold by the e-commerce platform operator by marking the self-operated business or the food sold by the self-operated but the actual self-operating business does not meet the food safety standards, and the consumer has the right to claim the e-commerce platform The operator shall bear the liability for compensation as a food operator
Although the e-commerce platform operator does not actually carry out self-operated business, its logos are sufficient to mislead consumers and convince consumers that the e-commerce platform operator is self-operating, and the consumer has the right to claim that the e-commerce platform operator undertakes the business as food Liability for compensation
What should I do if there are food safety issues in the food or catering services provided by public transportation for passengers? The judicial interpretation made it clear that the food provided by the public transport carrier to passengers does not meet the food safety standards, and passengers have the right to claim that the carrier bears the liability for compensation as a food producer or operator
At the same time, according to the judicial interpretation, the carrier shall guarantee the safety of the food provided whether it is provided free of charge or paid, and shall not defend itself on the grounds that the food is provided free of charge
According to the provisions of the Food Safety Law, operators who operate food that they know do not meet food safety standards shall bear punitive compensation liabilities
The judicial interpretation will be implemented on January 1, 2021