Although Xu's online celebrity cookie black workshop was closed down by joint law enforcement agencies, it did not seem to have much impact on her business. Xu changed the original product name "chiko" to "Dream Town" and still sells the most popular online celebrity cookies in her circle of friends and Taobao. On June 5th, this year, at 65438, the Economic and Technological Development Branch of Hangzhou Municipal Market Supervision Administration, together with the public security department, smashed the cookie underground workshop in this hidden Internet cafe. The incident originated from a phone call from a provincial consumer. Consumers reported to the Economic and Technological Development Branch of Hangzhou Municipal Market Supervision Administration that there was a cookie workshop in the black bean Internet cafe on the third floor of Yueya City in Xiashatou to produce "three no foods".
The sales of underground black workshops in hidden Internet cafes depend on friends circle and Taobao.
Since the Zhejiang Industrial and Commercial Bureau launched the special rectification of "Red Shield Net Sword", it has especially strengthened the traceability of illegal acts of online infringement and counterfeiting, and maintained a high-pressure situation of cracking down on illegal acts such as online speculation and false propaganda. On the second day after receiving the report, the inspection brigade of the Economic and Technological Development Bureau of Hangzhou Municipal Market Supervision Administration and the police of the Public Security Bureau of the Economic and Technological Development Zone rushed to the Internet cafe, but no underground workshop was found. After careful search, it was found that the existing small door was disguised as a "safety exit". After the police knocked on the door, they found seven or eight workers packing cookies. The law enforcement team found that the outer packaging of these biscuits was marked with "chiko biscuits", and the production unit was "Hangzhou Ouba Catering Co., Ltd.", as well as the QS green food safety certification mark. Because Xu could not obtain a production license or certificate, the joint law enforcement team seized a high-speed biscuit machine on the spot and confiscated more than 200 boxes of biscuits and 3 bags of flour. For food safety reasons, 24 baskets of semi-finished cookie raw materials, a box of butter and about 3 bags of unpackaged flour were also destroyed.
According to Xu, she rented this house with a square meter of 100 on June 2 last year for the production and processing of biscuits, with a lease term of 24 months and a rent-free period of 1 month and a half. The sales channels of biscuits are mainly WeChat friends circle and Taobao.
It is recommended to buy and sell food carefully in the circle of friends.
Yu Bin, deputy head of the inspection brigade of the Economic and Technological Development Branch of Hangzhou Municipal Market Supervision Administration, told the reporter that Xu presented the business license of "Hangzhou Ouba Catering Co., Ltd.", but the business license was only used in the catering service industry and could not be used in the food production industry, and the registered address was not in Crescent City. Therefore, Xu's behavior not only belongs to unlicensed production, but also pretends to be a food certification enterprise. The market supervision department can impose a fine of 10 times according to the verified amount. At the same time, it was decided to confiscate production equipment, including biscuit machines and mixers.
Lawyers Luo Baolong and Yi of Zhejiang Deming Law Firm believe that selling goods in WeChat circle of friends is also protected by law, and they should bear corresponding civil and criminal responsibilities in addition to administrative responsibilities.
If the purchase is for personal use, the Consumer Protection Law applies. Where an operator commits fraudulent acts in providing goods or services, consumers may claim from the producers and operators that "the amount of compensation should be increased to three times the price of the goods purchased or the cost of receiving services" according to Article 55 of the Consumer Protection Law. If the increased amount of compensation is less than that of 500 yuan, it shall be 500 yuan. "
To buy food that does not meet the food safety standards, consumers may, according to the second paragraph of Article 148 of the Food Safety Law, "in addition to demanding compensation for losses, they may also require producers and operators to pay compensation of ten times the price or three times the loss; If the increased compensation amount is less than 1000 yuan, it is 1000 yuan. "
"Selling goods through the WeChat circle of friends is generally a commodity transaction based on the relationship between friends and trust, and in this transaction, the operators are mostly individuals. For the average consumer, when trading in the WeChat circle of friends, it is necessary to verify the identity information of the seller and keep the chat records and payment vouchers of banks, Alipay and WeChat. If the seller only collects money, does not deliver goods or sells fakes, he can protect his rights and interests in time according to these evidences. However, I suggest buying and selling cautiously in the circle of friends, because safeguarding rights is very troublesome. " Lawyer Luo Baolong said.