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The scope of application of ten times compensation

Legal analysis:

The scope of application of ten times compensation under the law is: when food producers produce food that does not meet food safety standards or operate food that they knowingly do not meet food safety standards. , ten times compensation is applicable. In addition to claiming compensation for losses, consumers can also claim ten times the price. If consumers are harmed by food that does not meet food safety standards, they may claim compensation from the operator or the producer. Producers and operators who receive compensation requests from consumers should implement the first responsibility system, pay first, and not shirk the responsibility; if it is the responsibility of the producer, the operator shall have the right to recover compensation from the producer after making compensation; if it is the responsibility of the operator, the producer shall compensate shall have the right to recover compensation from the operator. If quality and safety issues arise in the food or medicine gifts provided by food or drug manufacturers or sellers to consumers, causing damage to consumers, and consumers claim their rights, the producers or sellers will be exempted from liability on the grounds that consumers have not paid consideration for the gifts. The people's court will not support the defense.

Legal basis:

Article 148 of the "Food Safety Law of the People's Republic of China" For food subject to food safety standards, in addition to claiming compensation for losses, consumers may also request compensation from the producer or operator for ten times the price or three times the loss; if the amount of increased compensation is less than one thousand yuan, it shall be one thousand yuan.

Derived questions:

What are the penalties for supermarkets selling expired food?

If a supermarket sells expired food and the value of illegally produced and operated food is less than 10,000 yuan, it will be fined not less than 2,000 yuan but not more than 50,000 yuan; if the value of the food is more than 10,000 yuan, it will also be fined. A fine of not less than five times but not more than ten times the value shall be imposed; if the circumstances are serious, the license shall be revoked. If consumers are harmed by food that does not meet food safety standards, they may claim compensation from the operator or the producer. Producers and operators who receive consumer compensation demands shall implement the first responsibility system and pay compensation first without shirk; if it is the producer's responsibility, the operator shall have the right to recover compensation from the producer after making compensation; if it is the operator's responsibility, the producer shall compensate shall have the right to recover compensation from the operator. If food that does not meet food safety standards is produced or food that is knowingly sold does not meet food safety standards, in addition to demanding compensation for losses, consumers may also demand from the producer or operator compensation of ten times the price or three times the loss; increase If the amount of compensation is less than one thousand yuan, it shall be one thousand yuan. However, this is excepted if there are defects in food labels and instructions that do not affect food safety and will not mislead consumers.