News

Recently, Liaoning Fuxin consumer Ms. Cheng in June after the purchase of pungent “odor pork knuckles”, although it has been reported to the local market supervision, so far has not been any substantive results. Ms. Cheng believes that the RT-Mart (Supermarket) Xihe Store and the local market supervision office did not pay attention to her complaint, which put her in a difficult situation of no way to protect her rights.

Accordingly, JIA LAWYER Senior Partner Mr. Zhang Li was interviewed by CCTV to explain the incident.

Bought “odor pork knuckle” Supermarket denied and refused to mediate

Ms. Cheng said that on June 9, she purchased through the online platform, a RT-Mart (supermarket) fine river store sold cooked marinated pork knuckle. Commodity packaging shows that the date of production and shelf life of the brined pork knuckles are June 9, 2025. After receiving the pork knuckle in the afternoon, Ms. Cheng prepared to eat it. But after breaking open the pork knuckle, she smelled the obvious spoiled flavor, so she did not dare to eat. Immediately, Ms. Cheng contacted RT-Mart through the online platform, reflecting the marinated pork knuckle odor. RT-Mart customer service said that you can return the product and compensate 10 yuan shopping coupon.

Ms. Cheng was not satisfied with this opinion, and on June 10, she reflected the above situation to the regional market supervision and management office by phone. on June 11, Ms. Cheng brought the pig's feet and shopping tickets to the market supervision and management office for on-site registration. But the next afternoon, she received a phone call from the Supervision and Management Office: the mediation is over, the businessman said that the brined pig's feet in line with safety standards, there is no deterioration, do not accept mediation.

Pig's feet are still with the odor lying in the refrigerator, RT-Mart has not seen the physical assertion that “no spoilage”, Ms. Cheng can not accept. After querying the “Food Safety Law of the People's Republic of China” Article 148, Ms. Cheng decided to RT-Mart supermarkets to put forward a thousand yuan compensation requirements. However, RT-Mart did not accept Ms. Cheng's request.

Ms. Cheng reflected the situation, the reporter repeatedly on Ms. Cheng complaints contact RT-Mart fine river store and fine river district market supervision bureau evergreen, both sides said, “to understand the situation and then reply”. 10 July afternoon, the market supervision and management of evergreen let Ms. Cheng with pork knuckles to deal with the reception of her staff to show a mediation record, above There are RT-Mart Supermarket handprints, signatures of the relevant personnel, while being told: the previous complaint, because the complainant (RT-Mart fine river store) does not agree to mediation, so mediation is complete.

Lawyer: Market Supervision is suspected of “mediation instead of enforcement”

For the disposal of supermarkets and market supervision and management of the law enforcement procedures, Zhang Li, a lawyer, RT-Mart supermarkets to replace the statutory compensation of 10 yuan coupon, in essence, is to “private” way to circumvent the law Rigid provisions of the market supervision and management of the law enforcement process is suspected of “to transfer instead of enforcement”.

Zhang Li lawyer said, from Ms. Cheng reflected the whole process of the incident analysis, the regulator is suspected of “transfer instead of enforcement”, to circumvent the mandatory investigation duties. The People's Republic of China Food Safety Law "Article 124 provides that, for the production and management of abnormal organoleptic properties, corruption and deterioration, mold and insects and other food, has not yet constituted a crime, by the people's government at or above the county level of food safety supervision and management department shall be subject to administrative penalties according to law, and if the circumstances are serious, the revocation of the license. The Interim Measures for Handling Complaints and Reports“ and ”Provisions on Administrative Penalty Procedures“ issued by the State Administration of Market Supervision and Regulation make it clear that where the supervisory authority finds clues of suspected violation of the law in mediation, ”it shall initiate verification in accordance with the law“, and where there is prima facie evidence of a violation of the law after verification, ”it must file a case for investigation and punishment ". Interim Measures for the Handling of Complaints and Reports of Market Supervision and Administration," Article 31 also makes it clear that the market supervision and management departments should handle reports in accordance with the market supervision and management of administrative penalties and other relevant provisions. Whistleblowers in the name of the report, the market supervision and management departments with the authority to deal with should also make a decision on whether to file a case within five working days from the date of informing the informant.

Zhang Li lawyers believe that food safety is the people's life and health of the bottom line. The People's Republic of China Food Safety Law“ and ”the People's Republic of China Food Safety Law Enforcement Regulations“ also established ”food safety violations reported reward system", the legislative intent is to improve the cost of business violations, incentives for the public to monitor according to law. In terms of food safety supervision department, it should firmly follow the legal bottom line, pay attention to each complaint report, accurate understanding of “mediation” and ‘punishment’ of the boundary, clarify the “verification standards” and “filing standards”. and “filing standards”, effectively identify “illegal clues”, take the initiative to verify and fix the evidence, cases involving food safety hazards to abandon the “mediation instead of enforcement” practice, in order to reduce the cost of consumers' rights, enhance public consumption The cost of defending the rights of consumers is reduced, and public confidence in consumption is enhanced.

(CCTV reported the original article: "RT-Mart does not agree, mediation is completed! A municipal supervisory office to deal with “odor pig's feet” complaints were questioned! July 24, 2025)