When people buy things, they may sometimes buy goods with questionable quality, especially food. Quality problems do great harm to human body, so how to deal with food quality problems? Let me introduce the relevant knowledge in detail for you. Welcome to reading.
First, how to deal with food quality problems
1. If there is something wrong with the quality of the goods, but the consumers have not used them, their legitimate rights and interests have not been damaged, and no personal or property damage has been caused, they may request a return, replacement or maintenance.
Article 11 of the Law on the Protection of Consumers' Rights and Interests stipulates: "Consumers who suffer personal or property damage as a result of purchasing or using commodities or receiving services shall have the right to compensation according to law."
Article 24 of the Law on the Protection of Consumers' Rights and Interests stipulates: "If the goods or services provided by the operators do not meet the quality requirements, the consumers may return them according to the provisions of the state and the agreement of the parties, or require the operators to fulfill the obligations of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers can return the goods in time if they meet the statutory conditions for terminating the contract. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair. "
2. If consumers have quality problems in purchasing commodities, and their legitimate rights and interests are damaged, or personal or property damage is caused, they may claim compensation from the operators in accordance with the provisions of the Consumer Protection Law. Specifically, you can complain to the Consumers Association.
Article 40 of the Law on the Protection of Consumers' Rights and Interests stipulates: "If consumers' legitimate rights and interests are damaged when purchasing or using commodities, they may demand compensation from the sellers. If the seller's compensation is the responsibility of the producer or other seller who provided the seller with the goods, the seller has the right to recover from the producer or other seller.
3. Consumers or other victims who cause personal or property damage due to commodity defects may claim compensation from sellers or producers. If it is the responsibility of the producer, the seller has the right to recover from the producer after compensation. If it is the responsibility of the seller, the producer has the right to recover from the seller after compensation. "
Article 49 of the Law on the Protection of Consumers' Rights and Interests stipulates: "If a business operator provides goods or services, causing personal injury to consumers or other victims, it shall compensate the reasonable expenses of medical treatment and rehabilitation, nursing expenses, transportation expenses, and the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated. "
Second, the latest food quality assurance agreement model
Party A: (supplier)
Party B: (Buyer)
In order to strengthen food quality management, ensure the safety of human food, clarify the quality responsibilities of both parties, and abide by laws and regulations, Party A and Party B, through friendly negotiation, signed the following quality assurance agreement:
1. Party A shall be a legal enterprise, and be able to provide Party B with the business license stamped with the original seal of the supplier's enterprise, its annual inspection certificate, production license or food circulation license, relevant certificates of quality assurance ability, etc., and be responsible for the authenticity and completeness of the information provided.
2. Party A shall provide Party B with the original legal person power of attorney of the salesperson and a copy of the ID card stamped with the original seal of the supplier enterprise.
3. When Party A's products are supplied to Party B for the first time, it shall provide implementation standards or quality standards, third-party inspection reports, price approval documents, samples, instructions, labels stamped with the official seal of the enterprise and other related materials; Imported products shall also provide information such as label verification certificate, port inspection report, customs clearance form, etc., and can only be delivered after being approved by Party B. ..
4. The above qualification certificate provided by Party A must be legal and valid, and all economic losses and legal responsibilities caused by forged or counterfeit certificates shall be borne by Party A. ..
5. The batch number of products provided by Party A shall be consistent with the batch number listed in the delivery documents, and each batch shall have the inspection report of the manufacturer, and relevant documents shall be provided for imported products.
6. Party A shall provide legal bills, and the validity period of the products provided shall be over one year, except for products with special validity period.
7. If there is any quality problem with the products provided by Party A, it shall bear all losses caused by the products, expenses and random inspection by the administrative department.
8. If the products are damaged or polluted during transportation, or Party B finds non-human damage during sales, and there are no abnormal conditions such as production date and service life, Party A shall unconditionally bear all losses caused thereby, including but not limited to return expenses, customer complaint compensation expenses, transportation expenses, formalities expenses, etc.
9. If it is found that the fake and inferior products or counterfeit patented products produced by Party A infringe the intellectual property rights of a third party in the course of operation, and Party B is complained by customers, punished by administrative departments or exposed by the media, thus causing economic and reputation losses to Party B, Party A shall bear all direct economic losses.
10. Party B shall provide Party A with copies of business licenses, permits and other relevant enterprise materials stamped with the original seal of the enterprise.
1 1. If Party B has quality problems in the process of operating or using the products provided by Party A, it shall contact Party A in writing in time to inform the relevant situation, and both parties shall actively cooperate and properly solve them.
12. Party B shall have a storage place that meets the relevant national regulations and product storage requirements, and Party B shall be responsible for the quality problems caused by improper storage.
13. This agreement is made in duplicate, with each party holding one copy. Matters not covered herein shall be settled by both parties through consultation.
14. This agreement shall come into force as of the date of signature by both parties, and the validity period shall be from.
Party A (signature): Party B (signature):
Representative: representative:
Year, month, year, month, year
What is the importance of food quality?
1, food safety is particularly important in three aspects:
(1) Safety control of food raw materials. In the past, some food safety accidents were often caused by harmful substances contained in purchased raw materials. How to detect and eliminate pesticide residues, veterinary drug residues, heavy metal pollution and illegal additives in agricultural raw materials has become the primary concern of food production enterprises.
(2) Food additives. China's food additives regulations are still in the formulation stage, and some standards still need to be improved. As a food production and processing enterprise, how to choose legal food additives in R&D and produce them, and how to ensure that the additives contained in food meet the domestic standards in food import are all problems that domestic food production enterprises want to know at present.
(3) Ensure food safety and quality from the perspective of the whole supply chain. Nowadays, food safety control is not only in the production process, but also in the logistics of food (including packaging, storage and transportation), which is paid more and more attention by food production and retail enterprises. Only by truly realizing the traceability of food supply chain and improving the management level of food logistics (especially cold chain) can we ensure the safety and quality of food, improve customer satisfaction and establish a good reputation for enterprises.
I'll stop here about how to deal with food quality problems. If there are problems with the quality of the goods, consumers have not used them, their legitimate rights and interests have not been damaged, and no personal or property damage has been caused, they may request a return, replacement or maintenance.