Pure Brightness just passed, new tea waves sweet
Be the busy season that tea consumes
Consumer buys tea to be sure to examine label carefully
Do not buy quality to was not ensured " 3 without " tea
Small make up notice
Beijing is how old since last year domestic public house
Because sell " 3 without " tea is disastrous
1
Hotel of good Yuan Jianguo
The compensate that be sentenced more than yuan 340 thousand
Many high-grade hotels can be in big or other and prominent place sets a dot to sell the high-grade goods that a few prices do not poor, include tea ceremony case among them.
In September 2017, hotel of good in Beijing of hotel of 5 stars class Yuan Jianguo spends Yu Mou more than yuan 34 thousand bought box of ten tea ceremony, include: Box of ceremony of Er of wooden box general 2 box, unit price 1188 yuan; Box of the ancient Gong Li that cultivate another name for Yunnan Province 1 box, unit price 3600 yuan; Natural box of ceremony of general of true flavour mandarin orange 1 box, unit price wait 3600 yuan.
These tea ceremony boxes a common characteristic is -- outer packing and mount of packet of in-house tea independence all do not have label, the content such as watch of number of license of code name of date of birth of not indicative product, expiration period, standard, production, burden, clean content.
Yu Mou does not accord with food safety standard to be a court to sue with these tea, to hotel claim for compensation " retreat one compensate 10 " .
Cognizance of court of first instance thinks, tea of case of experience of hotel place carry out belongs to good Yuan Jianguo to pack food beforehand, the product information such as date, expiration period is produced without the product outside removing a name, belong to " 3 without " food, do not accord with food safety standard.
Although dispute of hotel of good Yuan Jianguo says its are,sell goods on a commission basis tea, did not undertake probation to the information such as label when replenish onr's stock, but the court thinks its behavior belongs to the act that did not perform legal replenish onr's stock to check obligation, form know perfectly well.
According to" food safety law ", want food operator only " the sale is known perfectly well is the food that does not accord with food safety standard " , consumer can advocate " decuple money paid for something purchased or received for something sold is compensated for " , and no matter this group is damaged actually to whether was caused to consumer.
The court enters a judgement finally, sentence your hotel of good Yuan Jianguo returns shopping money to Yu Mou 34968 yuan pay decuple compensation 349680 yuan, at the same time Yu Mou returns place to buy tea.
On December 29, 2018, final judgment of court of the 2nd intermediate people rejected Beijing of 2 careful court the appeal that hotel of good Yuan Jianguo mentions.
2
Big public house of century China day
The compensate that be sentenced 127 thousand yuan
In March 2017, place of big public house of alive Ji Huatian bought Weng Mou " antediluvian cabinet is bright red gown " 8, every 1588 yuan, money paid for something purchased or received for something sold adds up to 12704 yuan. The bag mount of experience case commodity produces date without designation, factory name the content such as the site of factory and expiration period, belong to " 3 without " product.
Weng Mou sues a view to the court " retreat one compensate 10 " win support:
On April 28, 2018, court of the first intermediate people rejected 2 careful court, Beijing the appeal that big public house of century China day mentions.
3
Flycatcher hotel
The compensate that be sentenced 116 thousand yuan
In April 2017, zhang Mou bought unit price to be 580 yuan in flycatcher restaurant " eyebrow of golden fine horse " tea ceremony box 20, add up to 11600 yuan. Ceremony box packs a box for gules paper quality, write above have " Jin Jun eyebrow " model of written characters, mount of bag of inside and outside all did not indicate the information such as manufacturing date and expiration period, belong to " 3 without " product.
Zhang Mou sues a view to the court " retreat one compensate 10 " , court of first instance supports only retreat goods to did not support " compensate 10 " .
Zhang Mou mentions appeal. On January 26, 2018, court decision of final judgment of court of the first intermediate people supports 2 careful court, Beijing " retreat one compensate 10 " , sentence your flycatcher restaurant decuple compensation buys payment for goods to add up to 116 thousand yuan.
4
Beijing Jiangxi big public house
The compensate that be sentenced 33 thousand yuan
On March 25, 2017, xue Mou bought 6 in Beijing Jiangxi big public house " cottage hill cloud and mist " tea ceremony box, monovalent 560 yuan, add up to 3360 yuan. For the information such as the manufacturing date that Xue Mou packs box and bag bagging to go up to all did not tag tea after and expiration period, jiangxi edifice of big public house, Jiangxi appeals to to the court, claim for compensation " retreat one compensate 10 " , win forensic support.
On July 31, 2018, court of the 2nd intermediate people rejects 2 careful court, Beijing the appeal that Jiangxi big public house mentions.
In process of above case cognizance, each hotel with accuser be " know a holiday to buy a holiday " " seek profit dozen of holiday " , have no right to advocate " decuple money paid for something purchased or received for something sold is compensated for " for put forward counterplea, all did not win forensic support finally. The court emphasizes, " food safety law " " retreat one compensate 10 " castigatory sex regulation is not right the subjective intention that buys a person makes restricted provision.
The expert emphasizes tea having the expiration period
The information such as indicative birth date is very important
Chen Chengfeng of chairman of Nanjing tea guild is being accepted before this " contemporary wall bulletin " when interviewing, express, according to the relevant provision of laws and regulations of food safety law, no matter be to pack the outer packing that still is bulk tea to go up beforehand, want to write date of clear title, norms, amount, birth to perhaps produce lot number, expiration period to wait, keep the content such as means of clear factory name, the site of factory, connection even.
Is tea expiration period how long? Chen Chengfeng expresses, packing good tea is 12-24 commonly the month differs, and bulk tea expiration period is 18 months commonly. "Green tea is general 18 months, expiration period of a variety of oolong tea is a bit a few longer, expiration period of black tea, black tea is longer, but that must be to comparative to store strictly condition, if store,mildew of the hair in the process changes, also be not possible. Also be not possible..
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Editor / Pei Ying
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