Home-made sausages sold online are accused of "three noes", and the owner of a pork stall gets ten times the claim
Chen Guanghui, 35, was recently caught in a lawsuit over the sale of homemade sausages online.
Chen Guanghui runs a pork stall in Yuechi County, Guang'an City, Sichuan.
Before the Spring Festival this year, a strange netizen got to know him through Douyin and added him on WeChat, and bought his 2,000 yuan sausage in one go.
However, on the morning of receiving the goods, the other party sent Chen Guanghui a WeChat message saying, "Boss, you are breaking the law!"
The pork stall met a "big customer"
Buyers buy 2,000 yuan bacon sausage online
It was the first time that Chen Guanghui met a strange customer who bought 2,000 yuan sausage at a time after doing business for many years.
On New Year’s Day in 2021, a man who claimed to know his phone number through Douyin called him and asked "How are bacon sausages sold?" "The people who usually contact me to buy things are basically acquaintances and friends, and people who don't know take the initiative to find them. This is the first time I bought sausages." Chen Guanghui recalled to reporters.
That night, the customer named "Little Prince" added Chen Guanghui's WeChat account.
On WeChat, the other party continued to ask Chen Guanghui: "How much does the sausage cost?" "Can you deliver the sausages from other places?" "If you don't come back, it will be broken"...Chen Guanghui told the other party that 45 yuan a catty will use vacuum for the delivery of sausages. package.
After that, the other party also asked Chen Guanghui to take a picture of Zhang's sausage and said, "I like spicy food."
On January 5, the "little prince" contacted Chen Guanghui via WeChat and purchased a 2,000 yuan sausage.
On the afternoon of January 7, Chen Guanghui sent the 2,000 yuan sausages made by express delivery.
The other party received the goods saying "no label"
And said "You broke the law, boss"...
Three days later, on the morning of January 10, the "little prince" sent a photo of a leaking sausage packaging bag.
Chen Guanghui also said, "Eat by cooking, it won't affect you."
The "little prince" claimed that each packet of sausages sent to him by Chen Guanghui was without a label, and sent relevant provisions of the Food Safety Law to Chen Guanghui, and then reminded Chen Guanghui: "You are breaking the law, boss."
Chen Guanghui tried to explain to the other party that the things he sells are local specialties. "The things we sell are all like this, because we have a local business license and no registered trademarks. We belong to bulk food and pre-packaged food. "
Later, the "little prince" sent a message saying: "I am now negotiating with you to return the goods for a refund, ten times the compensation." This means that Chen Guanghui needs to pay the "little prince" 20,000 yuan.
This is the first time Chen Guanghui has encountered a similar dispute. He resolutely replied: "It's impossible, how can it be 10 times back, plus I am not a manufacturer, we are just a small workshop, you have to figure it out. The negotiation between the two parties failed, and the "little prince" told him: See you in the court.
Received court summons
Pork stall owner said he was suspected of being "professional crackdown"
Within a few days, Chen Guanghui received a subpoena from the People's Court of Jiexiu City, Shanxi Province. He was sued by the "little prince" for a "sales contract dispute."
The reporter saw that the content of the civil complaint submitted by the "little prince" to the court showed that on January 5, 2021, he purchased 2,000 yuan sausage from the Sichuan Yuechiqiushan Guanghui Cured Products Business Department through the WeChat platform.
After receiving the goods on January 10, it was found that the pre-packaged food did not have any food labels and information, and did not have a production license. The food was four roots in a bag, all vacuum-packed, and belonged to pre-packaged food. The food violated the "Food Article 67 of the Security Law stipulates that the court shall request the defendant to return one compensation to ten in accordance with the law.
A few days before receiving the court's summons, the Yuechi County Market Supervision and Administration Department also went to Chen Guanghui's shop to investigate.
After preliminary investigation, it was confirmed that the sausages sold in the shop involved were bulk foods. The specific situation is still under further investigation.
After receiving the subpoena, Chen Guanghui contacted the "little prince" several times in the hope of "private", but the "little prince" insisted that at least 15,000 yuan be paid before withdrawing the lawsuit, which made Chen Guanghui unacceptable.
Chen Guanghui told reporters that after inquiring about the public judicial documents, a friend told him that the "little prince" had previously had two contract dispute lawsuits as plaintiffs, and the lawsuit ended in withdrawal. He suspected that the "little prince" was a lawsuit. "Professional anti-counterfeiting", before deliberately looking for myself to buy 2,000 yuan sausage, and then claim ten times the claim, is a kind of "touching porcelain" behavior.
The reporter found that in 2017, the netizen "Little Prince" did have a contract dispute litigation with a Shenzhen Science and Technology Co., Ltd. and a Chinese Medicinal Material Sales Co., Ltd. in Anhui. In both cases, the "Little Prince" applied to the court for withdrawal of the lawsuit.
Buyer denies "professional anti-counterfeiting"
Chinese sausages bought as gifts for talents
On the afternoon of March 19, the reporter contacted the "little prince", who denied that he was a professional counterfeit, and said that he bought 2,000 yuan sausage at one time as a gift for the Chinese New Year.
The "little prince" stated that he made his claim in accordance with the relevant Food Safety Law.
Regarding Chen Guanghui’s questioning that he was a “professional anti-counterfeit”, the “little prince” said that although he had a lawsuit in 2017, he was not a professional anti-counterfeit. “If I were a professional anti-counterfeit, I would only do so for so many years. A case?"
The case was originally scheduled to open on March 3, but before the hearing, Chen Guanghui filed a "jurisdiction objection application" to the People's Court of Jiexiu City.
However, the court finally rejected Chen Guanghui's objection to jurisdiction.
At present, the specific time for the hearing of this case has not yet been determined.
Chen Guanghui's shop is located in the suburban area of Yuechi County, and its customers are mainly villagers nearby.
He said that in addition to cured meats and sausages, they also smoked pig heads, tongues, and ears.
Now, Chen Guanghui has been thinking that if he didn't touch the Internet, there would be no lawsuit today.
In 2020, he saw many people bring goods through live webcasts, and he also began to recommend homemade bacon sausages on his Douyin account.
"Never thought that selling some sausage and bacon would be illegal."
He also couldn't figure it out. Selling homemade bacon sausage, the buyer also knew it, but told him that he had violated the law and sue?
In his opinion, the situation of selling homemade bacon sausage products is very common in rural markets. If it involves illegality, can these products not be traded?
Lawyer's point of view
View 1
Such disputes should be distinguished according to different circumstances
Lawyer Lin Xiaoming of the Sichuan Yishang Law Firm stated that in terms of legal requirements, sausages sold online did not mark the production date and quality guarantee date as required, and did not comply with the food safety law and bulk food packaging laws.
At the same time, in accordance with the Consumer Rights Protection Law and other provisions, consumers can require sellers or producers who do not meet the provisions of the Food Safety Law to be compensated ten times the consumption amount.
Therefore, according to the law, whether consumers are professional counterfeiters does not affect the legal relationship between the two parties and should be handled in accordance with the law.
However, for the consumption dispute of selling homemade sausages, it is necessary to distinguish according to different situations, such as whether the sausage has food safety issues, that is, whether its quality reaches the corresponding level of harm to human health; if it is only because there is no label on the package It is obviously unfair to the seller to pay more than ten times the compensation for the production date and the shelf life date.
Viewpoint 2
The merchant's sausage is a three-no product
Wang Yingzhan, the chief lawyer of Sichuan Zongmu Law Firm, believes that if the "little prince" is only to earn the corresponding compensation, then he is not a real consumer and can be exempt from such protection, but this needs to be proved by the business.
Lawyer Wang Yingzhan believes that, according to regulations, bacon belongs to the meat products in the "Catalogue of Food Production Licenses" promulgated by the State Administration of Market Supervision and Administration, and belongs to food in accordance with the law. Article: The food produced and processed by a small food workshop shall indicate the name of the food, a list of ingredients or ingredients, production date, shelf life, storage conditions, the name of the small food workshop, record number, production address, etc.
The content of the label should be clear and conspicuous, and the production date, shelf life and other items should be clearly marked and easy to identify.
Therefore, the merchant’s sausages belong to Sanwu products.
However, as to whether the "three no products" must be compensated ten times, it is not necessarily true.
According to Article 148 of the Food Safety Law, consumers who suffer damage to food that does not meet the food safety standards can demand compensation from the operator or the producer for the loss.
However, food labels and instructions have defects that do not affect food safety and will not mislead consumers. That is, according to this provision, ten times the compensation is applied, and the producer needs to knowingly commit the damage. Of course, it is only the food label and instructions. If it is a problem, and it will not mislead the "little prince", the "little prince"'s ten times compensation request should not be supported.
Chengdu Commercial Daily-Red Star News reporter Wang Chao