Case review:
On July 25, 2018, consumer Mr. Wang purchased a bag of bacon (RMB 18.9) in the market. The production date was marked as June 4, 2018 with a shelf-life of 45 days, Mr. Wang stated the food was expired when purchased. However, two storage methods were marked on the outer package, which were “45 days at 0-4 ℃” and “180 days below -18 ℃”.
The illegal fact:
Article 34 of Food Safety Law: It is strictly forbidden to produce or operate the following foods, food additives and food-related products: (10) Expired foods and food additives, or foods and food additives marked with false production date, false shelf-life.
Paragraph 2 of Article 184 of Food Safety Law: if anyone produces foods that do not meet food safety standards or operates foods that are not in compliance with food safety standards, consumers may also claim compensation from producers or operators for ten times of the payment or three times of the loss in addition to payment refund. If the compensation is calculated to be less than 1000 RMB, 1000 RMB should be paid. However, label or instruction defects that do not affect food safety and do not mislead consumers are exempt.
Analysis:
Two storage methods and two expiration dates were marked on the outer package, which were “45 days at 0-4 ℃” and “180 days below -18 ℃”. If the food was stored for sale below -18 ℃, the shelf-life would be 180 days. However, the market did not clearly indicate the food was stored below -18 ℃. Furthermore, based on common sense , such food is able to be obtained in the refrigerated area at 0-4 ℃. Therefore, such food was considered to be expired and violated the Food Safety Law.
Penalty result:
The payment (RMB 18.9) was refunded, and a compensation (RMB 1000) was paid.
Please note: Original article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint.
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