Legal liability for errors in the description of t

Law on the error in the description of the packaging dosage of food additives

[case

Mr. Tang is a self-employed food processing business, who purchased 1kg of "potassium sorbate" food additive from Tianrun company for cooked food production. In the same month, the "spiced elbow flower" produced and sold by him was tested by the local health department as "the content of potassium sorbate does not meet the requirements of GB2760-1996 hygienic standard for the use of food additives, which is an unqualified product" And punished them. Tang took Tianrun company to court, believing that the "reference dosage" indicated on the packaging bag of potassium sorbate sold by him did not meet the national standard, resulting in the excessive use of potassium sorbate in the production of cooked food, and asked Tianrun company to compensate for the losses he was punished

[the competition of cost and price has become the key analysis.

the differences in the trial of this case lie in: first, the seller should be responsible for the contents of the instructions on the outer packaging of the goods it sells. Tianrun company incorrectly marked the dosage on the outer packaging of the food additives it sells, and the buyer used the additives beyond the limit because he trusted its label. The loss of the fine should be compensated by Tianrun company. Second, Tang is a food producer and should abide by it National regulations on the use of food additives. Although the reference dosage on the additive packaging bag sold by Tianrun company is incorrectly marked, Tang is obliged to use food additives according to national standards rather than the reference dosage on the packaging bag, and he should be responsible for the loss of exceeding the standard

the author agrees with the second view. Because the food hygiene law stipulates that "anyone engaged in food production and operation within the territory of the people's Republic of China must abide by this Law", it can be seen that the subject of this law is the person who produces food for sale and operation. Therefore, the law stipulates that "the production, operation and use of food additives must comply with the provisions of the health standards and health management measures for the use of food additives, and food additives that do not comply with the health standards and health management measures shall not be operated and used" is also to regulate the use of additives by food producers and operators, rather than the legal requirements for general consumers of processed food for their own consumption

in this case, Mr. Tang is a person engaged in food production and operation, the object regulated by the law, and the subject with legal obligations. He has the obligation to use food additives in strict accordance with the food hygiene law, the measures for the hygienic administration of food additives, and the hygienic standard for the use of food additives. What additives affect the performance and accuracy of the testing machine, rather than only according to the "reference dosage" on the food additive packaging bag, Moreover, what is marked on the packaging bag is only "reference quantity". Of course, as a producer of food additives, Tianrun company should also abide by the above laws and regulations to ensure that the food additives it produces are qualified products, with packaging marks and product instructions, indicating the scope of use and dosage, etc. Even if the product is qualified, if there is an error in the amount of use marked on the packaging bag, building a cross-border collaborative innovation ecosystem violates the above provisions, and the health administration department should impose administrative penalties and order correction according to the above provisions

the first view is that the user of the additive can fully rely on the dosage prompt on the packaging bag and use it according to the prompt. If the prompt is wrong, the manufacturer of the additive should bear the damage compensation. However, the author believes that the trust interest belongs to the bona fide counterpart, but for the person who has the legal duty of care, it cannot be considered as bona fide. Therefore, Tang Mou can only bear the losses of being punished for using food additives beyond the standard

information source: China packaging daily

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