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Penalty for falsely using green food label

1. Legal Consequences of Unauthorized Promotion of Green Food The "Green Food Trademark Design and Use Specification Manual" regulates the graphics, fonts, colors and combinations of text and graphics of green food logos, as well as their use on product packaging. Strict and unified regulations have been made on their position, size and proportion. Logo users must follow relevant requirements and use the combination of colorful food logos and corporate information codes on their product packaging, and are not allowed to design and use them at will. There are two main categories of counterfeit green food in the current market. One is that green food companies use the logo beyond the scope or expires; the other is that non-green food companies illegally use the green food logo. For merchants who use the green food logo on product packaging without authorization to mislead consumers into purchasing, according to Article 55 of the Consumer Rights Protection Law, the merchant will face a minimum compensation of 500 yuan. If an operator engages in fraudulent behavior in providing goods or services, it shall increase compensation for the losses suffered by the consumer according to the requirements of the consumer. The amount of the increased compensation shall be the price of the consumer's purchase of the goods or the cost of receiving the service. The amount of the increased compensation shall be less than five hundred yuan. Yes, it’s five hundred yuan. If the law provides otherwise, such provisions shall prevail. For merchants who use green food signs without authorization, merchants will also face high administrative penalties according to Article 60 of the Trademark Law.

2. Specifications for the use of green food logos 1. Enterprises that have obtained the right to use green food logos should use green food logos as soon as possible. The Green Food Mark is a quality certification trademark registered by the China Green Food Development Center in the Trademark Office of the State Administration for Industry and Commerce. As a type of trademark, the mark has the universal characteristics of a trademark and will only generate value when used. If the green food logo is not used for a long time after obtaining the right to use the logo, it will also hinder the management of the China Green Center. Therefore, companies should use green food labels as soon as possible. 2. Green food product labels and packaging must comply with the requirements of the "China Green Food Trademark Design and Use Specification Manual". (1) When green food production enterprises use green food logos on the inner and outer packaging of products and product labels, the standard graphics, standard fonts, standard combinations of graphics and fonts, standard colors, and numbering specifications of the green food logo must be in accordance with the "China Green" "Food Trademark Design and Use Specifications Manual" shall be implemented and submitted to China Green Food Development Center for review and filing. The "four-in-one" must be achieved on packaging and labels, that is, the green food logo graphic, the text "green food", the serial number and the anti-counterfeiting label must all be reflected on the product packaging. Whenever a logo graphic appears, it must be accompanied by the registered trademark symbol "R". The words "Green Food Mark is used with permission from China Green Food Development Center" must be written directly after or directly below the product number, and the standard English is "Certified China Green Food Product". Product labels must also comply with the "General Standard for Food Labeling" GB7718. The label must be marked with the name of the food; list of ingredients; net content and solid content; names and addresses of manufacturers and sellers; date marks (production date, shelf life/storage period) and storage instructions; quality (quality grade) and product standards Number. In addition, the types and amounts of preservatives, pigments, etc. must also be indicated. (2) Use green food logos in advertisements. Products that are permitted to use the green food logo should pay attention to the use of the green food logo in their advertisements. When used on all objects and media that can be used for advertising, such as on business cards, desk calendars, light boxes, transport vehicles and office buildings, or in TV advertisements, the green food logo must comply with the requirements of the "China Green Food Trademark and Logo Design and Use Specification Manual" . 3. Green food production companies cannot expand the scope of use of green food labels. The green food logo can be used on packaging, labels or advertisements, and can only be used on products that are permitted to use the logo. For example: a beverage manufacturer's products include apple juice, peach juice, orange juice, etc., among which only apple juice has obtained the right to use the green food logo. The company cannot use the green food logo on the packaging of peach juice and orange juice. In advertising, Advertising slogans such as "So-and-so juice, green food" should not be used. Only "So-and-so apple juice, green food" should be used to avoid misunderstandings among consumers.

In addition, in terms of series of products, for example, after a certain tea factory Yunwu Green Tea obtained the right to use the mark, it used the green food mark on undeclared Yinhao green tea; in terms of products of joint ventures and joint ventures, such as A produced by a milk powder factory in Shandong Province After obtaining the right to use the logo of brand milk powder, it uses the green food logo on brand B milk powder produced by its Henan Province associated enterprise without authorization. This is an unauthorized expansion of the scope of use and is not allowed.

3. What is the legal provision for ten-fold compensation under the "Food Safety Law"? The legal provision for ten-fold compensation under the "Food Safety Law" is paragraph 2 of Article 148. Production does not comply with food safety. For standard food or food that is knowingly sold that does not meet food safety standards, in addition to demanding compensation for losses, consumers can also demand compensation from the producer or operator for ten times the price or three times the loss. The following are the specific regulations. Article 148 of the Food Safety Law: If a consumer is harmed by food that does not meet food safety standards, he or she may demand compensation for losses 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 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. I believe everyone should know after reading the above introduction that the legal consequences of promoting green food without authorization must be judged based on the circumstances and cannot be generalized. Everyone must pay attention to this when making the determination. The above is the relevant content about the legal consequences of promoting green food without authorization. I hope it can help you.