A few days ago, consumer is complained say in T297 second Beijing hair is gone to - buy on the train of peony river expire food. On May 6, complain T297 in the light of consumer buy on second train expire food of a month, railroad head office: Checking medium dispatch, meal of peony Jiang Rongpeng served limited company on May 7 to " Chinese food safety net " had a response.
According to peony river flourish roc meal serves limited company controller to introduce, the company is Chinese railroad head office the tripartite of Beijing herd motorcade contracts company, the meal of responsible T297 second train namely eat carry out serves.
Meal of peony Jiang Rongpeng serves limited company: Expire food is nonexistent
Controller of limited company of service of Jiang Rongpeng meal expresses peony, company classics is checked oneself nonexistent expire the problem of food.
Chief expresses, late on May 5, take the mineral water of one batch from storeroom, the manufacturing date on cap was on March 15, 2019 really.
The source of inscription of brook of Shishan of Chinese · monkey that complains about consumer is natural mineral water expires matters concerned is nonexistent, the manufacturing date on cap is the illusion that goes up because of consumer existence vision, so " 9 " regarded as " 8 " , the likelihood is printed problem.
In the meantime, chief is returned to " Chinese food safety net " the reporter offerred storehouse to receive makings sheet.
Controller of limited company of service of meal of peony Jiang Rongpeng to " Chinese food safety net " the reporter expresses, to producing the matters concerned with unsharpness date, already to manufacturer (beautiful wood company of mineral water of Si Ximing source) make clear change one batch more clear, had asked at present manufacturer recall.
To this, meal of peony Jiang Rongpeng serves limited company controller to emphasize particularly, because do not have the passenger on connection, hope passenger can board train natural mineral water takes source of bought inscription of that bottle of brook to do detect, travelling expenses manufacturer goes out, if be the problem of manufacturer really,sign up for market to expend not only, still can undertake compensatory, if be put in other problem, manufacturer can investigate legal duty.
This incident does not have final conclusion at present, passenger and meal service company stick to his argument. Expire to the food on train incident, be not accidental phenomenon however.
Netizen: Date of production of the food on train is tagged unsharpness not be accidental phenomenon
Carry netizen report, the food of the sale on train produces date to tag unsharpness phenomenon is not first time.
Before this, netizen hair post says, bought on the train expire food, the member that sell does not return money, it is to misread besides.
More passenger hair post says: Expire biscuit, expire the incident such as ham.
" Chinese food safety net " the reporter is searched with keyword form " the train expires food " etc, appear a lot of and pertinent information.
In fact, produce date about food, " law of safety of food of People's Republic of China " have specific provision early.
" law of safety of food of People's Republic of China " the 67th the first (one) regulation: The bag mount that packs food beforehand ought to have ticket. Label ought to indicate following item: (one) date of name, norms, clean content, birth.
The 71st the 2nd section provision: The label of food and additive agent for food, manual ought to be clear about, apparent, the item such as manufacturing date, expiration period ought to be tagged significantly, differentiate easily.
The manufacturing date of food is the major problem that involves food security, court of the first intermediate people ever was in Beijing the first phase 2017 is mentioned in civil judgment, producing date clarity is to not allow ambiguous: Manufacturing date is tagged unsharpness, the enterprise serves as operator, be being purchased and height all did not reach when sale product careful checkup is compulsory, its sell manufacturing date to tag unidentified product to should be belonged to manage knowing perfectly well is the behavior that does not accord with food of food safety standard.
" law of safety of food of People's Republic of China " the 148th the 2nd section provision: The food that production does not accord with food safety standard perhaps is managed knowing perfectly well is the food that does not accord with food safety standard, consumer eliminates seek redress loss outside, OK still to generator or operator asks to pay cost decuple or loss the compensation of 3 times; The amount that increases compensation is not worth 1000 yuan, it is 1000 yuan.
Expert: If the passenger encounters this phenomenon to should hold the right, requirement damages
If serve as a passenger, this phenomenon is encountered on train, should how does thought for the time being?
" Chinese food safety net " the reporter sought advice from Liu Shengjun of doctor of law of university of associate professor of courtyard of law of university of Chinese civil aviaton, air law law and vice director of policy research center, Tsinghua to this.
Liu Shengjun expresses, suppose the passenger encounters this kind of phenomenon -- the food that carrier offers a fare in carriage process does not accord with safe level, the passenger should hold the right, requirement damages, make carrier or total to uneasiness provision lose responsible producer, assume legal responsibility.
Railroad branch serves as communal carriage carrier has safety to protect obligation to the passenger
Liu Shengjun to " Chinese food safety net " the reporter expresses, railroad branch serves as communal carriage carrier should have safety to protect obligation to the passenger.
Expire what food injures a passenger is healthy, this will bring about carrier to offer expire the behavior of food is in make break a promise while also constitute tort liability, the passenger also can choose not to hold responsibility of breach of contract and hold tort responsibility, relatively, hold responsibility of breach of contract to the passenger character quote burden authority of lighter, dimension is more convenience.
The passenger pays cost to buy food on train, form food business contract to concern between carrier and passenger, offer expire the quality flaw that the carrier of food violated business contract assures compulsory, carrier should undertake the responsibility of breach of contract of business contract to the passenger, is not the responsibility of breach of contract of carriage contract.
To who should the passenger advocate damages?
The passenger is fed to the food that buys as the railroad branch of carrier, him carrier is not produced, however a third party produces, to who should the passenger advocate damages?
Basis " food safety law " regulation, the passenger is damaged because of according with the food of food safety standard, can to the loss of carrier seek redress that serves as operator, OK also the loss of generator seek redress to food.
Receive consumer to compensate for the carrier of the requirement, should compensate for, do not get shuffle; Attribute food producer responsibility, there is authority to chase after countervail to food producer after carrier is compensated for; Those who attribute carrier responsibility, the food when selling for example did not expire, however carrier offers food the fare after food expires, there is authority to chase after countervail to carrier after food producer is compensated for to the passenger.
Liu Shengjun expresses, railroad branch serves as carrier, the passenger that should carry to its uses up necessary safe obligation, the food that provides security for the passenger is fed, those who ensure a passenger is healthy with life safety. Offer the operator of public carriage service as, carrier Ying Cheng believes self-discipline, responsible to passenger and society, assume social responsibility.
To this phenomenon, " Chinese food safety net " the reporter also sought advice from relevant supply to Chinese railroad head office at the same time flow and supply catenary system, up to distribute news dispatches to still did not get relevant response.
Appreciate the attention of all netizens, supply catenary system to railroad food, " Chinese food safety net " the reporter still can trace a story.
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On September 5, 2018, national network letter does for " Chinese food safety net " issue Internet news news to serve licence. " Chinese food safety net " make the Chinese food security that achieves national news aptitude exclusively central network media.
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