Supreme People's Court, Interpretation on Several Issues Concerning the Application of the Law in Trial of Civil Food Safety Dispute Cases (1)

最高人民法院关于审理食品安全民事纠纷案件适用法律若干问题的解释（一）

December 18, 2020 | BY

Susan Mok

SPC clarifies producer and dealer's liability for food safety compensation

Promulgated: December 8, 2020

Effective: January 1, 2021

If a consumer suffers injury from a food that does not meet food safety standards and sues the food producer or dealer for compensation for losses pursuant to the first paragraph of Article 148 of the Food Safety Law, and the accused producer or dealer claims that it is exempt from liability for compensation on the grounds that it is the other party that ought to bear the liability, the people's court shall reject such claim. If the liability lies with the producer, the dealer shall have the right to recover the compensation from the producer after it pays the same. If the liability lies with the dealer, the producer shall have the right to recover the compensation from the dealer after it pays the same (Article 1).

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