Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (I)
Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (I)
Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (I)
Fa Shi [2020] No. 14
December 8, 2020
Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (I), adopted at the 1813th session of the Judicial Committee of the Supreme People's Court on October 19, 2020, are hereby promulgated for implementation as of January 1, 2021.
Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (I)
(Adopted at the 1813th session of the Judicial Committee of the Supreme People's Court on October 19, 2020, and implemented as of January 1, 2021)
The Interpretations are formulated in accordance with the Civil Code of the People's Republic of China, the Food Safety Law of the People's Republic of China, the Law on the Protection of Consumer Rights and Interests, the Civil Procedure Law of the People's Republic of China and other laws and in combination with trial practice, in order to correctly hear cases involving disputes over food safety, protect the health and safety of the public, and standardize the order of the food market.
Article 1 Where a consumer suffers damage due to food that does not meet food safety standards and thus institutes an action to request the food producer or operator to compensate losses in accordance with Paragraph 1 of Article 148 of the Food Safety Law, and such producer or operator claims exemption from liability on the grounds that the operator or the producer shall be liable for compensation, the people's court shall not support such claim. If the producer shall be liable, the operator has the right to recover losses from the producer after paying compensation; if the operator shall be liable, the producer has the right to recover losses from the operator after paying compensation.
Article 2 Regarding the food that is sold by an e-commerce platform operator under its proprietary business with the proprietary business being indicated, or the food that is actually sold by an e-commerce platform operator under its proprietary business despite the proprietary business not being indicated, where it is not in line with the food safety standards, and a consumer claims that the e-commerce platform operator shall bear the liability for compensation as a food operator in accordance with Article 148 of the Food Safety Law, the people's court shall support such claim.
In the event that an e-commerce platform operator does not actually carry out proprietary business but the marks or other indications it makes are enough to mislead the consumers into believing the business is carried out by the e-commerce platform operator as its proprietary business, if a consumer claims that the e-commerce platform operator shall bear the liability for compensation as a food operator in accordance with Article 148 of the Food Safety Law, the people's court shall support such claim.
Article 3 Where an e-commerce platform operator fails to implement real name registration or inspect the licenses of food operators on its platform, or fails to perform such obligations as reporting and stopping providing online trading platform services, thus violating Articles 62 and 131 of the Food Safety Law and causing damage to a consumer, and such consumer claims that the e-commerce platform operator and the food operator on the platform shall bear joint and several liability, the people's court shall support such claim.
Article 4 Where the food provided by a carrier of public transportation to a passenger does not meet the food safety standards, and the passenger claims that the carrier shall bear the liability for compensation as a producer or operator in accordance with Article 148 of the Food Safety Law, the people's court shall support such claim; if the carrier defends itself for exemption from liability on the grounds that it is not a food producer or operator or the food is provided free of charge, the people's court shall not support such defense.
Article 5 Where the relevant entity or individual still provides a food producer or operator with equipment, technology, raw materials, sales channels, transportation, storage or other convenience despite knowing that such producer or operator commits the illegal acts prescribed in Paragraph 1 of Article 123 of the Food Safety Law, and a consumer claims that such entity or individual shall bear joint and several liability with the producer or operator in accordance with Paragraph 2 of Article 123 of the Food Safety Law, the people's court shall support such claim.
Article 6 Where a food operator falls under any of the following circumstances, and a consumer claims that it constitutes "knowing" as stipulated in Article 148 of the Food Safety Law, the people's court shall support such claim:
1.
......
Fa Shi [2020] No. 14
December 8, 2020
Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (I), adopted at the 1813th session of the Judicial Committee of the Supreme People's Court on October 19, 2020, are hereby promulgated for implementation as of January 1, 2021.
Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Cases Involving Civil Disputes over Food Safety (I)
(Adopted at the 1813th session of the Judicial Committee of the Supreme People's Court on October 19, 2020, and implemented as of January 1, 2021)
The Interpretations are formulated in accordance with the Civil Code of the People's Republic of China, the Food Safety Law of the People's Republic of China, the Law on the Protection of Consumer Rights and Interests, the Civil Procedure Law of the People's Republic of China and other laws and in combination with trial practice, in order to correctly hear cases involving disputes over food safety, protect the health and safety of the public, and standardize the order of the food market.
Article 1 Where a consumer suffers damage due to food that does not meet food safety standards and thus institutes an action to request the food producer or operator to compensate losses in accordance with Paragraph 1 of Article 148 of the Food Safety Law, and such producer or operator claims exemption from liability on the grounds that the operator or the producer shall be liable for compensation, the people's court shall not support such claim. If the producer shall be liable, the operator has the right to recover losses from the producer after paying compensation; if the operator shall be liable, the producer has the right to recover losses from the operator after paying compensation.
Article 2 Regarding the food that is sold by an e-commerce platform operator under its proprietary business with the proprietary business being indicated, or the food that is actually sold by an e-commerce platform operator under its proprietary business despite the proprietary business not being indicated, where it is not in line with the food safety standards, and a consumer claims that the e-commerce platform operator shall bear the liability for compensation as a food operator in accordance with Article 148 of the Food Safety Law, the people's court shall support such claim.
In the event that an e-commerce platform operator does not actually carry out proprietary business but the marks or other indications it makes are enough to mislead the consumers into believing the business is carried out by the e-commerce platform operator as its proprietary business, if a consumer claims that the e-commerce platform operator shall bear the liability for compensation as a food operator in accordance with Article 148 of the Food Safety Law, the people's court shall support such claim.
Article 3 Where an e-commerce platform operator fails to implement real name registration or inspect the licenses of food operators on its platform, or fails to perform such obligations as reporting and stopping providing online trading platform services, thus violating Articles 62 and 131 of the Food Safety Law and causing damage to a consumer, and such consumer claims that the e-commerce platform operator and the food operator on the platform shall bear joint and several liability, the people's court shall support such claim.
Article 4 Where the food provided by a carrier of public transportation to a passenger does not meet the food safety standards, and the passenger claims that the carrier shall bear the liability for compensation as a producer or operator in accordance with Article 148 of the Food Safety Law, the people's court shall support such claim; if the carrier defends itself for exemption from liability on the grounds that it is not a food producer or operator or the food is provided free of charge, the people's court shall not support such defense.
Article 5 Where the relevant entity or individual still provides a food producer or operator with equipment, technology, raw materials, sales channels, transportation, storage or other convenience despite knowing that such producer or operator commits the illegal acts prescribed in Paragraph 1 of Article 123 of the Food Safety Law, and a consumer claims that such entity or individual shall bear joint and several liability with the producer or operator in accordance with Paragraph 2 of Article 123 of the Food Safety Law, the people's court shall support such claim.
Article 6 Where a food operator falls under any of the following circumstances, and a consumer claims that it constitutes "knowing" as stipulated in Article 148 of the Food Safety Law, the people's court shall support such claim:
1.
......