It is unreasonable and illegal for customers to pay only 80 yuan for handwritten meals at McDonald's. According to the express provisions of Article 34, Item 6 of the "Food Safety Law of the People's Republic of China" , it is prohibited to produce and sell food that is spoiled, rancid, moldy, insect-infested, dirty, mixed with foreign matter, adulterated or with abnormal sensory properties. For such serious violations, Chapter 9 of the Food Safety Law Article 124 clearly stipulates that the illegal gains will be confiscated first, and then fined from 50,000 yuan to 100,000 yuan. If the circumstances are serious, the business license and permit will be revoked. The customer should complain and report to the food hygiene supervision department, or call 12315 consumer rights hotline to report and protect rights.

For such catering enterprises that seriously violate food safety laws, once verified, they will be suspended for rectification and their business licenses and permits will be revoked. If the circumstances are serious, the relevant responsible persons will even be held accountable. Possibility of criminal liability.

I have also read the video and related articles posted by this customer, and the person involved also posted pictures and videos of the foreign objects he ate. In the video, you can clearly see marks on the foreign objects and chicken legs. Obviously This foreign matter was mixed in during cooking. This also shows that the manufacturer was very irresponsible when making the food and did not effectively clean the food raw materials and remove impurities.

The relevant responsible persons are, first of all, the chefs who make the food and the person in charge of the kitchen. In addition, the store manager and the corporate legal representative of the store are responsible for the supervision and personnel management of the food they sell and operate. This is These are all undeniable facts. When this incident happened, not only did they not reflect on it and strengthen the management of the kitchen, but they treated customers hastily and perfunctorily, without the sense of responsibility of a big company. From another perspective, this incident is not the fault of the customer alone, but an oversight by the local health supervision department, the food hygiene supervision department, the Food and Drug Administration and other functional departments. Is there any regular health supervision and inspection? We have done our best. If something like this happened, should the above-mentioned functional departments go to the stores and related companies involved to conduct a thorough investigation? In addition, regarding this incident, the evidence is conclusive and the facts are clear. What are the Food and Drug Administration still waiting for? Should they investigate? Check, what should be done? Is the Food Safety Law just a show-off?

When something goes wrong, consumers have to go everywhere to beg their parents and complain to their grandmothers. There is even a feeling that there is no way to complain. If the food safety law is not just a decoration, shouldn't the relevant law enforcement agencies take the initiative? Are we going to investigate and verify and severely punish the companies involved?

Regarding this incident, many friends on the Internet are discussing how much the store involved should compensate the customer. In fact, although compensation is necessary, everyone has overlooked a very important issue. , that is, the illegal activities of the enterprises involved should be investigated. To investigate the illegal activities of the enterprises involved, first of all, it is clearly stipulated in the first few articles of the Food Safety Law, and it is the local health department and food supervision department, that is, the food and drug supervision department. Supervision Bureau, it can basically be clarified that the responsibilities are the Health Bureau and the Food and Drug Administration, because the catering company involved has a health license issued by the Health Bureau. Only by clarifying the responsibilities will there be no phenomenon of three monks running out of water. One thing can be managed There are many departments, but no one takes care of them. Several departments play ball. There are many such cases.

Legal knowledge points involved in this incident

1. Food Safety Law

1. Article 34, Item 6: Prohibition of Production and Operation Food and additives that are spoiled, rancid, moldy and insect-infested, dirty, mixed with foreign matter, adulterated or with abnormal sensory properties. Here we will talk about what is called sensory abnormality. That is to say, when you eat chicken legs, you will eat something that is not on the chicken drumsticks. This is what happened in this case.

2. Chapter 9, Article 124, Item 4: Production and operation are corrupt, rancid, moldy and insect-infested, dirty, mixed with foreign matter, adulterated or with abnormal sensory properties Food and food additives are subject to a fine ranging from 10,000 to 100,000. If the value of the goods is less than 10,000, a fine of 10,000 to 50,000 is imposed. If the value of the goods exceeds 10,000, a fine of 100,000 is imposed. Or a fine of twenty times the value of the goods may be imposed, and in serious cases the food production license may be revoked directly.

2. How should consumers protect their rights?

Preserve evidence

In this case, customers can first freeze the food involved in the refrigerator and proceed with Video shooting, the next step is to report to the local Food and Drug Administration.

Call 12315 to report and defend rights

Call 12315 to report and defend rights as soon as possible, and to pursue the legal responsibility of the catering companies involved.

Sue to the local people's court

3. Responsibilities of relevant local functional departments

First of all, the evidence is sufficient and the facts are clear. The local Food and Drug Administration and The Health Bureau, as a functional department, as well as the local catering enterprise supervision and management department, consumer associations, and industrial and commercial administration departments, should collect evidence as soon as possible, intervene in the investigation, and enforce the law strictly to prevent it from causing a major disaster. Only after a food safety incident has the food safety incident been held accountable, are routine health inspections in place, and are the relevant responsible persons fulfilling their supervisory responsibilities? The first department to intervene in this incident was the Health Supervision, and the second was the Food and Drug Administration. If these two departments did not intervene, it would be inaction. It is unreasonable and illegal for a customer to pay only 80 yuan for a handwritten meal at McDonald's. The catering company seriously violated professional ethics and violated the relevant provisions of the Food Safety Law. The local Health Bureau and Food and Drug Administration should immediately report Intervene and severely punish the illegal catering companies involved. Those who should be investigated and punished must be severely punished. When there is a food safety problem, consumers cannot simply rely on consumers to complain and ask for help. Relevant law enforcement agencies cannot stand by and do routine health inspections. Supervision such as food sampling cannot be a formality. This incident has become a hot topic. The local Food and Drug Administration and Health Bureau, as law enforcement agencies, should investigate it carefully.