Cross-provincial purchasing of "net celebrity milk tea" is illegal.


　　A cup of milk tea. A fantasy journey from Changsha to Hangzhou

　　● Recently, the “net celebrity milk tea” tea in Changsha, Hunan province has once again attracted the attention of all walks of life because it was purchased from other provinces.

Some netizens broke the news that some people specialize in purchasing tea Yanyuese milk tea business, and they can make thousands of yuan in one trip.

　　● Due to the need for long-distance transportation, inter-provincial purchasing has brought a huge challenge to the quality and reputation of milk tea.

Cha Yanyue Se responded that it does not support any purchasing behavior, and hopes that the purchasing agent will stop this behavior, and also appeals to consumers not to purchase milk tea.

　　● Does cross-provincial purchasing behavior violate relevant laws and regulations?

Some people think that purchasing online celebrity beverages or food across provinces poses a food safety hazard to consumers, and there is a risk of illegal purchases for other places, so it is best not to try; some people think that this is a civil agency, not an illegal operation

　　□ "Law Weekend" reporter Liu Xiping

　　"Purchasing tea Yanyue color, the whole process of high-speed rail freezing, purchasing can be purchased in many places, interested can consult..."

　　Recently, the "net celebrity milk tea" in Changsha, Hunan, has once again attracted attention from all walks of life due to being purchased by cross-provincial purchases.

Some netizens broke the news that some people specialize in purchasing tea Yanyuese milk tea business. The purchasing agents buy milk tea from Changsha through a takeout platform, and then take the high-speed rail to and from Zhejiang Hangzhou and other places.

After the milk tea arrives in a foreign city, the guest picks up the goods through flash delivery.

The purchaser can earn thousands of dollars in one trip.

　　On July 14, Cha Yan Yue Se responded to this purchasing phenomenon on its official Weibo, saying: “Cha Yan Yue Se does not support any purchasing behavior. It is hoped that the purchasing agent will stop this behavior and consumers are also urged not to purchase milk tea.”

　　Whether this cross-provincial purchase of "net celebrity milk tea" behavior violates relevant laws and regulations, arousing public debate.

Reporter conducted an interview.

　　Internet celebrity milk tea cross-province purchasing

　　One trip can earn thousands of dollars

　　Cha Yanyue Color is a brand of Hunan Chayue Catering Management Co., Ltd.

The company was established in March 2015 and focuses on tea and desserts.

Due to the high popularity and word-of-mouth in Changsha, there are many consumers who buy Cha Yan Yue color milk tea every day, and the milk tea has become a very popular "net celebrity milk tea".

　　However, this "net celebrity milk tea" has recently encountered difficulties in purchasing agents across provinces.

According to media reports, the tea Yanyue color milk tea, priced at 12 yuan in Changsha, was purchased by a dedicated person, and the price was close to 60 yuan when it arrived in Hangzhou.

　　The source told reporters that these purchasing agents first collected and sorted orders through the purchasing applet in their city. When the number of orders reached a certain number, they began to take the high-speed rail or plane to Changsha to pick up the goods-first place the order at the takeout before departure. After arriving at the train station, they will contact to pick up the goods.

Put the goods in a special incubator immediately after they arrive, and then return.

Despite the long journey and long time, business is still booming.

　　According to the source, the former Daigou orders 100 cups a day, but now it has increased to 200 cups, and the supply is still in short supply. Each round-trip profit can reach 2,500 yuan.

According to reports, the "Orchid Latte" and "Shengsheng Oolong" in the tea Yanyue color were 16 yuan and 15 yuan respectively, and they were sold for 39 yuan after they arrived in Hangzhou.

If two people take the high-speed rail from Hangzhou East Railway Station to Changsha South Railway Station to purchase goods, the second-class high-speed rail ticket for two people will cost 1,620 yuan back and forth.

If you buy 200 cups in one trip, excluding the cost of labor, dry ice, foam boxes, taxis, etc., a cup of milk tea can earn 23 yuan, and 200 cups is 4600 yuan. Excluding the ticket cost, two people can earn 2500 yuan.

　　The reporter combed through the news disclosed by the media and found that the business of purchasing tea Yanyue color milk tea that has emerged in recent years has not only existed in Hangzhou, but also in Nanchang, Jiangxi, Hefei, Anhui and other cities around Changsha.

The model is that consumers make advance reservations. After reaching a certain number, the purchaser places an order in advance on the mobile phone, and then takes the high-speed rail to pick up the goods, back and forth one day.

　　There is a food safety hazard

　　Shopkeepers crack down on purchasing behavior

　　During the interview, the reporter learned that milk tea with milk caps in summer has a shorter storage time. When drinking it, you must observe whether the cream has melted. If the cream has melted, it will have a slightly sour taste.

In this case, it is generally not recommended to drink, because the milk tea has deteriorated, and the deteriorated milk tea contains a lot of sugar, which is easy to breed bacteria.

　　Due to long-distance transportation, it is difficult to guarantee the quality of milk tea, and the emergence of cross-provincial purchases has undoubtedly brought a huge challenge to the quality and reputation of Chayanyuese milk tea.

　　In the face of the increasing number of inter-provincial purchasing agents, Cha Yan Yue Se responded on the official Weibo on July 14 that Cha Yan Yue Se does not support any purchasing behaviors. It is hoped that the purchasing agents will stop such behaviors, and consumers are also urged not to follow suit. Purchase milk tea from any channel.

The tea Yanyuese milk tea that consumers buy through the cross-city generation is not only very expensive, but also particularly not good to drink, and it is very likely that the milk tea they buy is not a tea Yanyuese product at all.

　　Cha Yanyue Se also said that their milk tea is made fresh, with a short shelf life and harsh storage conditions. A cup of fresh milk tea passes through high-speed trains, buses and other transportation means for long distances without suitable stable storage conditions. Transportation, there is a great food safety risk.

　　"Food safety is greater than the sky. Such purchases that have touched the red line of food safety will be rejected by one vote after we understand it. As related reports say, in order to combat milk tea purchases, our stores will verify purchases when receiving large orders. The reason. If it is confirmed that it is a purchasing behavior, the store will refuse to take the order. I really don't dare to take a fluke in everyone's health, and I hope everyone can understand it." Cha Yanyuese said.

　　On the morning of July 16th, the reporter called the Escort Shop in Chayanyuese Twin Towers International Plaza in the name of ordinary consumers and asked to order 100 cups of milk tea. The store staff refused to accept the order on the grounds that “the order is too large to accept the order”. This order.

　　However, some insiders believe that it is still unknown whether the tea Yanyuese measure will have any effect on combating the behavior of purchasing agents.

"If Cha Yanyue Se does not accept large orders, the purchasers may break them up and find some local people to buy them on their behalf. This will only increase a certain amount of purchasing costs."

　　So, does the railway department have any restrictions on the behavior of carrying hundreds of cups of milk tea on the high-speed rail?

To this end, the reporter called the 12306 railway service hotline on July 15 for consultation.

The railway staff replied that in accordance with the relevant regulations of the railway department, passengers can carry common liquids such as drinking water when taking the high-speed rail.

“As long as each person carries a weight of no more than 20 kilograms. You can still take the high-speed rail after some trial drinks at the entrance of the station.” Obviously, the railway department cannot stop the pace of inter-provincial purchasing agents.

　　Inter-provincial purchasing triggers heated discussion

　　Whether it's illegal

　　Does this cross-provincial purchasing behavior violate relevant laws and regulations?

　　Someone wrote that such an inter-provincial purchasing agent activity actually involves three civil contracts: one is the agency contract between the agent and the client, which is an equal and voluntary civil contract, as long as the wishes of both parties are true and the content involved is not illegal. , It is legal and effective. There is no legal basis for the statement that daigou is "only limited to acquaintances and friends"; the second is the sales contract between the daigou and Cha Yanyuese, which is not controversial; the third is the daigou and the high-speed rail There is no problem with the passenger transport contract.

Since the above three contracts involved in purchasing agents are legal and valid, it is obviously a bit arbitrary to rashly assert that such inter-provincial agents are suspected of illegal operations.

　　"Cross-province purchasing milk tea is considered labor income. I don't think it has reached the level of seriously disrupting the market order. It should not be an illegal operation." A lawyer in Changsha told reporters his views.

　　Huang Jie, a professor at the Law School of Hunan Normal University, believes that this type of large-scale purchase of purchases for profit and targeting unspecified groups of people is suspected of multiple violations of the law.

　　Huang Jie introduced that in accordance with the relevant provisions of the Food Sanitation Law, food producers and operators refer to all units or individuals engaged in food production and business.

Food production and business personnel who do not obtain a health certificate and engage in food production and business operations, or those who are not allowed to contact directly imported foods with diseases, fail to transfer according to regulations, shall be ordered to make corrections and may be fined less than 5,000 yuan.

　　"This kind of cross-provincial purchasing agent involves the purchase, storage, transportation, sales and other links in food production and operation. The agent engaged in food transportation without obtaining personal health certificates, which obviously violates the Food Sanitation Law." Huang Jie said, milk tea goes through long distances. Transportation is extremely prone to deterioration and breeding of bacteria, which can endanger the health of the client in severe cases.

　　Huang Jie believes that food is a special commodity. Article 2 of the Food Sanitation Law clearly stipulates that the state implements a food sanitation supervision system.

This kind of large-scale purchasing agent for unspecified objects for the purpose of profit is already an activity of the nature of food business.

　　"Because it is out of the supervision of relevant departments, it has in fact disrupted the market order and is an illegal business activity. According to the analysis of news reports, the circumstances may not be too serious. Therefore, it is not necessary to apply the criminal law to deal with it at this time. If this type of behavior continues and it constitutes serious circumstances or causes serious consequences, it may constitute the “other illegal business activities that seriously disrupt market order” as referred to in Article 225, Item 4 of the Criminal Law, and the relevant departments can carry out such actions in accordance with the law. Investigate." Huang Jie said.

　　In Huang Jie's view, this kind of inter-provincial purchasing agent is also very easy to cause disputes.

"The entrusting party does not know the real name, identity, address, etc. of the purchasing agent, and it is also difficult to investigate and verify. Many entrusting parties use the method of paying first and then receiving the goods for transactions, which is prone to goods loss, damage or inconsistency in specifications. In the event of disputes over rights and interests, the entrusting party may encounter many obstacles in safeguarding rights. In addition, these "operators" are also suspected of tax evasion and other issues that violate the tax law."

　　Huang Jie suggested that purchasing online celebrity beverages or food across provinces poses a food safety hazard to consumers, and there is a risk of illegal purchases from other places, so it is best not to try.

　　Attorney Li Jinbao, a partner of Beijing Gancheng Law Firm, believes that purchasing goods is an act of agency and belongs to the legal relationship between consumers and agents or businesses.

"Cross-province purchasing'net celebrity milk tea', this kind of purchasing behavior obviously has huge profits, it is a paid agency behavior, and it is also a business behavior, and it should be strictly registered in accordance with the law."

　　Li Jinbao analyzed that in accordance with the relevant provisions of the E-commerce Law that came into effect on January 1, 2019, the transaction takes place in China, and the for-profit "purchasing agent" activities that are undertaken and carried out through the information network are e-commerce activities and need to be accepted. Regulation of e-commerce law.

　　"Although there is no clear definition of business activities in the law, business activities have two basic characteristics: they are oriented to unspecified objects, and they are profitable." Li Jinbao said, if you travel on behalf of specific friends and relatives to buy Commodities, even if they receive a certain amount of remuneration or rewards, should not be regarded as business activities; if the purpose is to make profit, the purchase of goods on behalf of multiple people with high frequency, multiple times and high amounts should be regarded as business activities and shall be subject to the e-commerce law. Constraints.

　　Li Jinbao believes that, in accordance with the requirements of the E-Commerce Law, natural persons engaging in "purchasing services" are commercial services and must apply for business licenses, obtain corresponding administrative permits, complete tax registration and pay taxes in accordance with the law.

"This kind of cross-provincial purchasing agent'net celebrity milk tea' can be regarded as illegal business activities if it does not have the relevant qualifications."