National the first food packing case is pronounced Trader's family expenses malicious meal box judge and compensate 10 times

National the first food packing case is pronounced Trader's family expenses malicious meal box judge and compensate 10 times
It is reported that because used the inferior disposable meal box, yesterday, shop and tough side dumpling shop of gold source in Donglaishun were adjudicated 10 times compensated consumers. It is reported, after this case is implemented by the food safety law, the first involves the safeguarding of consumption right case of food packing.
The meal box is measured and includes the harmful substance and exceeds standard
This lawsuit stems from a employee's lunch. Send environmental protection technological referral centre to claim will it be March 3 this year, the intersection of staff and Xing buy 50 meal boxes in old the intersection of side and the intersection of dumpling and hall and Donglaishuen gold source Restaurant while being triumphant according to the intersection of plaintiff and Beijing, used for packaging the staff's lunch. Through appraising, the own alkane of Chiang Kai-shek of box of meal evaporates 20 times of ultra national standard of residue, second acid evaporates the residue and exceeds standard nearly 150 times, there is great danger on human body.
Triumphant in Beijing to take place the technological referral centre of environmental protection and tell two restaurants to the court, require two restaurants to differentiate 10 times and compensate for box fee of meal, and compensate for more than 3000 yuan.
The free restaurant of meal box debates and claims that should not take on the responsibility
On the court's trial, tough side dumpling and shop of Donglaishun debate and claim, the meal box belongs to and gifts free, the hotel does not have intentional or culpable negligence, should not bear compensation responsibility. If involve the products quality problem, should be dealt with by the national products or quality superintendent office.
The court thinks the restaurant is obligated to guarantee the box security of meal
The court of Haidian thinks, the dumpling hall of tough side and shop of gold source of Donglaishun are obligated to offer safe tableware, meal box for customers to use after trying, and the meal box that should guarantee to use and sell is the acceptable product which accords with the national standard. Two shops should examine production licence and products quality testing result of the relevant manufacturer in front of selling and using the disposable meal box.
In addition, two defendants sell the disposable plastics meal box while offering food and beverage service, what the original defendant formed on the disposable plastics meal box is the relation of deal contract, but not the contract of gift.
The court of Haidian adjudicates according to the food safety law two shops compensate for the box fund of 220 yuan of 10 times of meal. But rejected the other claims of Hyflux.
The original defendant says that will consider whether to appeal.
Have dinner box manage court send administration of justice advise
After pronouncing, mainly examining a judge says, because the case involves the food security of social masses, and the management of disposable tableware does not belong to the range of hearing civil case of the court, the court, according to the legal provision, after the last instance referee comes into force try relevant problem that find administrative department send the administration of justice advise to quality testing, food, industry and commerce, hygiene,etc. in the course.

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