Civil Liability For Safety And Quality Of Marketed Edible Agricultural Products

At present,commodity trading activities in the market economy are becoming more and more active.Cases of knowing and buying fake products are common in judicial practice.Among them,the issues of qualitative products,application of laws,and punitive compensation for label defects are exempted,making the case handled.Becomes more complicated.This article combines the case of Zhou v.An organic tea company in Huoshan County with a dispute over the liability of producers,and specifically analyzes and discusses the attributes of tea,consumer concepts,food safety standards,and identification of label flaws.The tea involved in the case is an edible agricultural product.It was supervised by the agricultural department before growing on the tea tree until it was picked and the "Agricultural Product Quality and Safety Law" is applied.The tea in this case is already in the circulation of market transactions.It is supervised by the Food Safety Law.The identification of punitive damages.The plaintiff in this case did not recognize its consumer status because it did not meet the purpose elements in the consumer concept,and the defendant was able to provide evidence to prove that the tea involved in the case complied with food safety standards.In addition,the tea is a bulk food.The outer packaging carton provided during the trial is marked with the production date,and the absence of the production date on the smallest unit box is a label defect.The exclusion clause of the Food Safety Law for exempting punitive damages from the label is applicable.Therefore,the defendant in this case does not bear punitive damages.After analyzing the focus of the dispute in this case,it can be concluded that China's current Food Safety Law and Agricultural Product Quality and Safety Law do not have a good connection,do not take into account the current changes in edible agricultural products,and the existence of departmental supervision In order to solve this problem,the law should be revised to fix the classification supervision of the department in the form of law,so that there will be no management disputes.In addition,the unclear legislation has led to different judgment standards in judicial practice regarding knowing and buying fake products.The provision of supporting punitive clauses and exemptions can better fill the loopholes in the law and provide clearer guidance for judges to try cases.Ideas.Finally,Under the premise of acknowledging the positive impact brought by knowing fake buying fakes,through legislative guidance,improve the complaint reporting system of rights protection,provide correct technical guidance and professional training to strengthen the construction of the social credit system to guide the fight against fake rights.