Administrative reconsideration decision
Applicant: Mr. Zhao
Respondent: Yunhe County Market Supervision and Administration Bureau
The applicant was dissatisfied with the complaint and report handling reply made by the Yunhe County Market Supervision and Administration Bureau on July 28, 2022, and applied for administrative reconsideration on August 1, 2022. After amendment, this machine accepted it in accordance with the law on August 12, 2022, and the trial has now been concluded.
According to the applicant, the applicant purchased noodles at a store on the Pinduoduo platform on July 14, 2022. After the arrival of the goods, it was found that the noodles did not have any production date and production information, which belonged to the three no products. Finding the merchant to report to no avail, the relevant departments are required to investigate and deal with the store and give corresponding compensation in accordance with the law. The respondent, Yunhe County Market Supervision and Administration Bureau, replied: "After investigation, there is no reported food (noodles) in the business premises of an e-commerce company in Yunhe County, and the company said that the noodles it sells are delivered by a processing factory in Dongyang City. And provided the manufacturer's "Food Production and Operation Registration Certificate", "Business License", "Certificate of Conformity" and other qualification materials, and provided the noodle packaging bag posted with the certificate and related label identification content of the physical photo, label identification of the product name, shelf life, manufacturer, production date, manufacturer address and other content. In summary, the Bureau did not file a case against the company. Another merchant said that the payment has been waived". The applicant believes that the supporting materials such as label photos provided by the merchant cannot prove that the food received by the applicant is in compliance with the Food Safety Law of the People's Republic of China. If the applicant receives the food without any label, and the merchant does not have the relevant purchase voucher to prove that the batch has legal purchase procedures, the merchant can find another supplier after the applicant complains, and let the other party provide the corresponding qualifications for inspection by the industry and commerce. The food received by the applicant violated the relevant provisions of Article 68 of the Food Safety Law of the People's Republic of China, and the merchant also knew that the applicant had diarrhea for two consecutive days. The merchant is requested to compensate in accordance with Article 148 of the Food Safety Law of the People's Republic of China.
The applicant submitted the following evidence: (1) screenshots of the product order; (2) Screenshot of the report details on the national 12315 platform; (3) Photos of the product; (4) Photos of the receipt of the goods; (5) Product unboxing video.
The respondent claimed: On July 18, 2022, the respondent received a complaint and report from the applicant after the people of Zhejiang Province called me a unified platform, and after review, it was a matter of market supervision and management complaints and reports. After acceptance, the respondent informed the applicant through the Zhejiang Provincial Huwowei Unified Platform that its complaints and reports should be handled by the Market Supervision and Administration Institute in accordance with the Interim Measures for the Handling of Complaints and Reports for Market Supervision and Administration, and transferred to the national 12315 platform for further verification and handling in accordance with the process.
On July 19, 2022, according to the content of the applicant's complaint and report, the law enforcement officers of the respondent's market supervision and administration office went to the residence of an e-commerce limited company in Yunhe County, which was complained about and reported, to conduct an on-site inspection. After investigation, the company has a business license and a food business license, and no food (noodles) was found to be complained about at the scene of an e-commerce limited company in Yunhe County. The company said that after the noodles sold were ordered by consumers, the company contacted the supplier, a processing factory in Dongyang City, and the supplier directly delivered the goods to consumers, and said that it had learned about the relevant situation from the supplier. The supplier states that the food (noodles) shipped have the relevant food labels. An e-commerce company in Yunhe County provided the supplier's "Business License", "Food Production and Operation Registration Certificate" and physical photos of the food (noodles) complained about and reported with relevant labels on the spot. The physical photos show that the food sold by the complained and reported company has a certificate label and product name, ingredients, shelf life, manufacturer, production license, address, production date, and other information. According to the provisions of Article 68 of the Food Safety Law of the People's Republic of China, it does not belong to the three nos products. In addition, the company complained about and reported provided the relevant qualification materials of the supplier's "Food Production and Operation Registration Certificate" and "Business License", and provided physical photos of the same kind of food (noodles) with food labels, but there was no evidence to prove that it was substandard food. In addition, the company complained about the report said that it had waived the payment for the goods, and the company provided a chat record with the applicant, which showed that it agreed to a direct refund and applied for a quick refund.
After verification, the respondent's law enforcement personnel shall report the verification results to the leadership of the bureau for approval and make a disposition of not filing the case, which is in accordance with Article 18 of the Provisions on Administrative Punishment Procedures for Market Supervision and Administration. On July 28, 2022, the respondent informed the applicant of the result of not filing the case on the national 12315 platform in accordance with Article 31 of the Interim Measures for the Handling of Complaints and Reports for Market Regulation. To sum up, the respondent's reply to the applicant's report was lawful, the facts were clear, the evidence was conclusive, and the characterization was accurate. The request to uphold the respondent's decision to respond to the applicant.
The respondent submitted the following evidence: (1) the people of Zhejiang Province called me a screenshot of the unified platform; (2) Notices from other statutory channels; (3) Screenshot of the national 12315 platform complaint and report circulation and reply notification; (4) On-site transcripts; (5) Power of attorney and identity certificate; (6) On-site inspection photos; (7) Business license and food production and operation registration certificate of a processing plant in Dongyang City; (8) Business license and food business license of an e-commerce limited company in Yunhe County; (9) Photos and videos of the actual goods complained about and reported; (10) Screenshot of chat history; (11) Screenshot of the refund application form; (12) Approval form for non-filing of cases.
After the trial, it was ascertained that on July 14, 2022, the applicant purchased 5 catties of noodles at the store opened on the Pinduoduo platform by an e-commerce company in Yunhe County, and paid 37 yuan. The applicant received the goods on July 17, 2022, and believed that the noodles did not have any production date and production information, and belonged to the three-no product. After negotiations with an e-commerce company in Yunhe County were fruitless, the applicant complained and reported through the people of Zhejiang Province calling me a unified platform, and requested the relevant departments to investigate and punish the company and give corresponding compensation in accordance with the law. On July 18, 2022, after receiving the complaint and report from the applicant on the platform, the respondent served the "Notice of Other Statutory Channels" to the applicant, informing the applicant that the matter would be handed over to the subordinate Chengxi Market Supervision Office and transferred to the national 12315 platform for further handling according to the process.
On July 19, 2022, the respondent's law enforcement officers went to an e-commerce limited company in Yunhe County, the complained informant, to conduct an on-site inspection, and did not find the noodles complained about. The company's entrusted agent argued that the noodles it sold were produced by a processing factory in Dongyang City, and after the consumer placed an order, the company contacted the factory and the factory directly delivered the goods to the consumer. The company provided the "Business License" and "Food Production and Operation Registration Certificate" of a processing factory in Dongyang City, the supplier, as well as the physical photos of the noodles that were complained about and reported with relevant certificates, which recorded the product name, ingredients, shelf life, manufacturer, production license, address, production date and other information, and said that the noodles shipped by the supplier had relevant food labels. On July 20, 2022, an e-commerce company in Yunhe County provided the respondent with screenshots of its chat records with the applicant, expressing its willingness to refund the applicant only in this case. On July 28, 2022, the respondent replied to the applicant on the national 12315 platform that it would not file the case, and informed the ascertained facts, reasons and remedies.
It was also ascertained that the noodles purchased by the applicant were sent from Yongkang City, Jinhua City, Zhejiang Province, and directly arrived at Zhangqi Town, Cixi City, Ningbo City, Zhejiang Province, where the applicant received the goods.
This agency believes that Article 53 of the Food Safety Law of the People's Republic of China stipulates the purchase inspection obligations of food business operators. An e-commerce company in Yunhe County can provide the business license, food production and operation registration certificate of a processing factory in Dongyang City, the supplier, and the physical photos of the noodles with relevant labels that have been complained about and reported, which is enough to show that it has fulfilled the obligation of purchase inspection under the conditions of e-commerce. The evidence materials provided by the supplier, a processing factory in Dongyang City, that the noodles produced by the factory have a certificate label, and indicate the product name, ingredients, shelf life, manufacturer, production license, address, production date and other information, which is in line with the provisions of Article 68 of the Food Safety Law of the People's Republic of China. The applicant's claim that he had "diarrhea for two days" after eating the noodles was not accepted by this authority in accordance with the law because there was no evidence to prove it. As for whether the noodle packaging purchased by the applicant has a certificate of conformity, it cannot be determined according to the current evidence conditions. However, even if there is no certificate, in the case that the supplier can provide the certificate and the certificate will not increase the production cost, we have reason to believe that this is the supplier's negligence, and then an e-commerce company in Yunhe County has made a refund (no return) action, its subjective fault is slight, the attitude is positive, and it can not be punished according to law. The respondent received the complaint and report on July 18, 2022, and replied to the applicant on July 28 to inform the applicant of the results of the complaint and report, which complied with the provisions of the Provisions on Administrative Punishment Procedures for Market Supervision and Administration and the Interim Measures for the Handling of Complaints and Reports for Market Regulation. The respondent's response to the complaint and report was clear in the facts, the evidence was sufficient, and the procedures were lawful.
To sum up, in accordance with the provisions of Article 28, Paragraph 1 (1) of the "Administrative Reconsideration Law of the People's Republic of China" and Article 43 of the "Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China", this organ makes the following decision:
Maintain the respondent Yunhe County Market Supervision and Administration Bureau's response to the complaint and report handling on July 28, 2022.
If the applicant is not satisfied with this decision, he may file an administrative lawsuit with the people's court in accordance with the law within 15 days from the date of receipt of the administrative reconsideration decision.
Source: "Market Legal Exchange" WeChat public account 2024-07-01
Editor: Huang Keshu
First Trial: Jiang Hao
Reviewer: Gu Yan
Final review: Yang Hong
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