Jimu News Reporter Ding Peng
Recently, Mr. Lin from Tianzhu County, Qiandongnan Prefecture, Guizhou encountered a troublesome thing. He was asked by consumers to make a thousand yuan on the grounds of "three no" products for selling homemade sauerkraut online. At present, the local market supervision bureau is mediating the incident. The lawyer said that farmers can produce and sell edible agricultural products themselves, but they should be packaged or attached with a logo before they can be sold. Mr. Lin was asked for a thousand yuan to be compensated, but from a moral point of view, consumers are not encouraged to do so.
sauerkraut buyers who sold 9.9 yuan online claimed 1,000 yuan
htmlOn March 4, Mr. Lin from Tianzhu County, Qiandongnan Prefecture, Guizhou told Jimu News reporters that he was complained to the local market supervision bureau for selling sauerkraut pickled by his father online, and was determined to be a "three-no" product, and was claimed 1,000 yuan. He said he could not understand, and he asked him to compensate 1,000 yuan for sauerkraut with a unit price of only 9.9 yuan.Mr. Lin introduced that he started selling local specialties such as bacon and sausage from his hometown online at the end of last year, and his relevant qualifications and certificates are also complete. Later, a netizen asked if he had any sauerkraut sold, so he took out the sauerkraut made by his father and sold it to several bags. Unexpectedly, such a thing happened. Mr. Lin said that at the end of February 2022, local market supervision staff came to his home to inform the sauerkraut he sold was a "three-no" product. After Mr. Lin communicated with the consumer, the other party said that he needed to compensate 1,000 yuan to cancel the complaint. There was no problem with a 50 or 100 yuan shortage. Mr. Lin felt that he had encountered a professional counterfeiter.
Mr. Lin told reporters that the sauerkraut he sold is indeed not packaged properly, nor does it indicate the production date, shelf life, etc. It is indeed because he does not understand the relevant laws and regulations, but he is willing to actively rectify and bear the corresponding responsibility to pay the fine, so that he can't overcome this hurdle in his heart. "It's not that I'm unwilling to compensate. Now the other party insists on nearly a hundred times the compensation. I think the other party may be a professional counterfeiter. I would rather bear the illegal responsibility than encourage such immoral behavior." Mr. Lin said.
Jimu News reporter checked Mr. Lin’s online store and saw that a total of 9 bags of sauerkraut were sold in his online store, and the sales link has been closed.
htmlOn March 4, a reporter from Jimu News learned from the Tianzhu County Market Supervision Bureau that the staff are currently following up on the matter. Mr. Lin and the consumer are communicating. The specific handling results depend on the progress of the negotiation between the two.Lawyer: Self-produced and self-selling also requires packaging and labeling
Lawyer Chai Xin from Beijing Dacheng (Wuhan) Lawyer said that the home-made sauerkraut sold by Mr. Lin does not belong to pre-packaged food , but is edible agricultural products (primary processed agricultural products), and can be produced and sold by itself without the need for production license qualifications. However, according to the relevant provisions of the Food Safety Law and the Agricultural Product Quality and Safety Law , agricultural products sold by individuals should be packaged or labeled before being sold. Therefore, Mr. Lin also needs to package and mark the product in accordance with regulations to let consumers know the production date, shelf life, and the specific situation of the use of additives, and also facilitate law enforcement agencies to conduct random inspections and inspections of the products in accordance with the law. Mr. Lin did not indicate it in actual sales, so the sauerkraut he sold was indeed a "three-no" product, so consumers' claims have a certain legal basis. According to the Food Safety Law, if consumers suffer damages due to food that does not meet food safety standards, they may demand compensation from the producer or operator for losses. In addition to asking for compensation for losses, consumers can also ask the producer or operator for compensation of ten times the price or three times the loss; if the amount of additional compensation is less than 1,000 yuan, it is 1,000 yuan.
Chai Xin said that according to the provisions of the "Agricultural Product Quality and Safety Law", if the illegal sale of "three-no" agricultural products, the administrative authorities can only order rectification within a specified period of time, and cannot directly punish them. From the perspective of consumers, if a farmer is found to have committed certain violations or irregular behaviors, he should first be kind and kindly reminded, and it is not recommended to directly file a high-value claim unless the other party refuses to correct it.In addition, farmers are not clear about relevant laws and regulations, and it is understandable that defects in product packaging occur when they are produced and sold by themselves. Consumers should treat them differently when exercising their claim rights. Therefore, from a moral point of view, the above-mentioned consumers' behavior is slightly inappropriate.
Chai Xin said, but it should be noted that if it is not produced and sold by farmers themselves, but mass-produced in the form of home workshops and sold in batches through Internet platforms, because of its large audience, sauerkraut itself is not easy to preserve, prone to bacteria, and is very likely to cause food safety accidents, then relevant regulations on packaging, labeling, labeling, and additives should be strictly implemented in accordance with the law, so that food safety risks or accidents can be traced and traced.
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