Viewpoint | Starch intestines eat chicken bone mud? Lawyers teach you how to deal with it!
Published:
2024-03-22
On March 15, CCTV exposed the chaos of replacing chicken with chicken bone paste for starch intestines, shoddy, higher and higher fat content, and no special national standard. So, what kind of rights of consumers are infringed by this behavior, and what methods can consumers take to protect their rights in the face of this phenomenon?
On March 15, CCTV exposed the chaos of replacing chicken with chicken bone paste for starch intestines, shoddy, higher and higher fat content, and no special national standard. According to the "How to View Starch Intestines Collapsed" poll launched by CCTV, 2116 people took part in the poll, 38% of whom thought that starch intestines did not require meat and pure starch was fine. 29% of netizens said they could not believe it and would never eat it again. 17% of netizens said they would severely punish illegal businesses. It can be seen that most consumers can not accept the behavior of making starch intestine with chicken bone paste. So, what kind of rights of consumers are infringed by this behavior, and what methods can consumers take to protect their rights in the face of this phenomenon?
Consumer rights that may be infringed by the sale of starch sausage by 1. operators
(I) right to know
According to Article 8 of the "the People's Republic of China Consumer Rights Protection Law", consumers have the right to know the true situation of the goods they purchase or use or the services they receive.
First of all, the producer's use of chicken bone mud to pretend to be chicken is an act of concealing the true situation and infringing on consumers' right to know. According to the "Quality Classification of Livestock and Poultry Meat-Chicken" (GB/T 19676-2022), there are clear quality regulations for whole chicken and chicken, and chicken bone paste does not meet the minimum grade standards. Therefore, if the producer uses chicken bone paste to produce starch intestines, the raw material should not be marked as chicken in the ingredient list.
Second, the operator naming the product as starch sausage belongs to the use of misleading propaganda. According to 4.1.3.1.2 of the National Food Safety Standard General Principles for the Labeling of Prepackaged Foods (GB7718-2011), various ingredients should be arranged one by one in descending order of the amount added when manufacturing or processing food. The author inquired about several starch sausage products with the highest sales volume on various shopping platforms. The chicken was placed first in the ingredient list in the packaging and printing, which shows that starch is not the most important raw material for starch sausage. The operator shall name the product as chicken sausage or inform the consumer that its main raw material is chicken or chicken bone paste.
(II) the right to health
According to Article 110 of the the People's Republic of China Civil Code (hereinafter referred to as the "Civil Code"), natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy, and marital autonomy. And other rights.
Chicken bone mud scientific name mechanical separation of minced meat, refers to livestock and poultry with meat bones, through mechanical separation process, the production of minced meat products. Although chicken bone mud itself has no "toxic and harmful" ingredients, in the processing of meat products, the skeleton and bones are "scraps", and the factory is mostly treated as "waste. From "processing waste" to "made of bone mud" whether it can be in a clean and hygienic state depends on the manufacturer's technical ability and cost. Such as collection, storage, transportation, processing and other improper operation of a process, it is easy to breed Escherichia coli, Campylobacter, Staphylococcus, Salmonella and so on. If the chicken bone mud used to make starch intestines has the above problems, it may lead to pneumonia, cholecystitis, enteritis, meningitis and other diseases, which may endanger life and infringe on consumers' right to health.
The way of rights protection for 2. consumers to buy starch intestines
Consumers who have physical discomfort after purchasing starch intestines can collect evidence such as diagnosis and treatment records, payment records, etc., and can also purchase the operator's starch intestines again and send them to the testing department for inspection. According to the specific situation, choose the following ways to protect their rights and interests.
(I) complaints to consumer associations
Consumers can log on to the official website of the China Consumers Association (hereinafter referred to as the "Consumers Association") and use the "National Consumers Association Smart 315" platform to complain to the Consumers Association. However, the Consumers Association is not a government agency. It is a social organization initiated by the government to conduct social supervision of goods and services to protect the legitimate rights and interests of consumers. It has no right to administrative penalties or administrative coercion for operators. It can only be handled through mediation and relevant administration. The department reflects and exposes it through the mass media. In addition, complaints to the Consumers Association are not a pre-procedure handled through administrative and judicial channels, and consumers do not need to complain to the Consumers Association before reporting to the market supervision department.
(II) report to market regulators
Complaints to the market supervision department by calling the 12315 complaint number, logging in to the national 12315 platform, sending letters, faxes, e-mails, or going to the market supervision department. Note that the market supervision department can only punish the operators for selling starch intestines, and has no right to require the operators to compensate consumers for their losses.
(III) to court
If an operator uses chicken bone paste instead of chicken in the sale of starch sausage, the consumer may, in accordance with Article 577 of the Civil Code, require the operator to bear the liability for breach of contract on the grounds of a dispute over a sales contract; if damage is caused to the consumer, the consumer may, in accordance with Article 1,165, require the operator to bear tort liability on the grounds of a product liability dispute. The amount of compensation is based on the actual loss of the consumer. At the same time, according to Article 148 of the the People's Republic of China Food Safety Law, in addition to demanding compensation for losses, consumers can also demand compensation of ten times the price or three times the loss from producers or operators; if the amount of compensation is less than 1,000 yuan, it is 1,000 yuan.
(IV) report to public security organs
According to Article 143 of the the People's Republic of China Criminal Law, the production and sale of food that does not meet food safety standards is sufficient to cause serious food poisoning accidents or other serious food-borne diseases to constitute the crime of producing and selling food that does not meet safety standards. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety Article 1 The production and sale of foods that do not meet food safety standards contain pathogenic microorganisms, pesticide residues, veterinary drug residues that seriously exceed the standard limits., Biological toxins, heavy metals and other pollutants and other substances that seriously endanger human health, it should be deemed as "sufficient to cause serious food poisoning accidents or other serious food-borne diseases" as stipulated in Article 143 of the Criminal Law ". Therefore, consumers who cause food poisoning due to eating starch intestines and detect pathogenic microorganisms in starch intestines can report to the public security organs for the crime of producing and selling food that does not meet safety standards.
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