When consumers buy food that has spoiled, according to Article 148 of the Food Safety Law: producers produce food that does not meet food safety standards or sell food that they know does not meet food safety standards. For standard food, in addition to asking the producer to compensate for losses, consumers can also ask the producer or seller to pay compensation 10 times the price. And penalties will be imposed in accordance with the relevant provisions of Article 124 of the Food Safety Law.

1. How to compensate consumers for buying spoiled food? If consumers buy spoiled food, they can ask the merchants who sell the spoiled food to request a refund of the price of the food they purchased. At the same time, if the seller knows that the food has spoiled and still sells it, , you can require it to pay compensation 10 times the price or 3 times the loss. If the compensation calculated in this way is less than 1,000 yuan, it will be calculated as 1,000 yuan. Of course, consumers can not only claim compensation from sellers, but also claim rights from food producers. Legal Basis Article 148 of the Food Safety Law: If consumers are harmed by food that does not meet food safety standards, they may demand compensation for losses from the operator or they may demand compensation for losses from 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 to pay 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. Article 49 of the "Consumer Rights and Interests Protection Law": If an operator provides goods or services that cause personal injury to a consumer or other victim, he shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc. for treatment and recovery. , as well as reduced income due to missed work. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, funeral expenses and death compensation should also be compensated. Article 55: If an operator commits fraud in providing goods or services, he shall increase compensation for the losses suffered by the consumer at the request of the consumer. The amount of increased compensation shall be three times the price of the consumer for purchasing the goods or receiving the service; If the amount of increased compensation is less than five hundred yuan, it shall be five hundred yuan. If the law provides otherwise, such provisions shall prevail. If an operator knows that the goods or services are defective but still provides them to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to require the operator to comply with Articles 49 and 51 of this Law. Other laws provide for compensation for losses, and the right to demand punitive damages of less than twice the loss suffered.

2. How to handle disputes over food infringement of trademark rights? This is trademark infringement, and legal protection can be used to crack down on infringers. Collect evidence of infringement and use legal means to protect your legitimate rights and interests. The exclusive right to trademark is a kind of property right and is protected by law; the legitimate rights and interests of registered trademarks are also maintained by the trademark management order in accordance with the law. The handling of trademark infringements is stipulated in the Trademark Law, which has the following meanings: First, if there is one of the infringements of trademark exclusive rights listed in the Trademark Law, and a dispute arises, it shall be resolved by negotiation between the parties. Second, for trademark infringement disputes, if the parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party can file a lawsuit in the People's Court or request the industrial and commercial administration department to handle it. Third, if a lawsuit is filed with the People's Court, it shall be carried out in accordance with legal procedures; if it is handled by the industrial and commercial administrative department, if the infringement is determined to be established during the handling, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and those specifically used to manufacture the infringing goods. goods, tools for counterfeiting registered trademarks, and may be fined.

Fourth, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department, he or she may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law; if the infringer does not file a lawsuit or perform the infringement upon expiration of the time limit, the industrial and commercial administrative department may apply to the People's Court for compulsory enforcement. Fifth, the industrial and commercial administrative department that handles the case can mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties. If mediation fails, the parties can file a lawsuit with the People's Court in accordance with the Civil Procedure Law. You can choose a suitable processing method among the above. 3. What is the process of food trademark registration? 1. Registration preparation. Choose the registration method: one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce by yourself; the other is to entrust an experienced trademark agency to organize agency services. Before registration, it is best to find a more authoritative search company to conduct a search before registering your food trademark, so as to reduce the risk of similar trademarks in trademark registration and improve the certainty of food trademark registration. 2. Prepare information, including pictures of food trademarks, apply for a copy of the people's ID card and the company's "Business License" and submit the copies; a trademark registration application form with the official seal of the unit. 3. Start the application 4. Submit the application according to the classification of goods and services. When applying for food trademark registration, the food category for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of food, he should file registration applications according to different categories. 5. The application date is determined based on the date when the Trademark Office receives the application. Next are the three procedures of trademark review, preliminary review announcement, and registration announcement. 6. Obtain the trademark registration certificate for food. Therefore, we can know from the full text that the basis for compensation for spoiled food purchased by consumers is clearly stipulated in the Food Safety Law. When a producer produces spoiled food, consumers can demand compensation from the producer in accordance with the law. You can also ask for ten times compensation from the manufacturer or seller.