The Supreme Court has already revised the Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases Involving Food and Drug Disputes on the date of December 23th, 2020. Details of this new revision would be stated as follows:
- Same as other changes within the whole law system in 2021, Civil Code of the People’s Republic of China has been added as the guideline and basis for ruling cases of food and drug disputes.
- Some definitions of the scopes of subjects in the provision are n0w clearly confirmed. Speaking of “drug producer”, it refers to drug marketing licenses holders and drug production enterprises. As for “drug seller”, it includes drug operation enterprises and medical institutions.
- For the affirmation of food quality standard, it shall reach the level of “safe”, only “qualified” would not be approved. If there is not a proper national standard for the special local food, it shall go with the local regulatory standards.
- Any legal right of the consumer is violated due to the reason that the operator of centralized trading market, counter rental or exhibition organizer failed to perform the obligation, those parties involved shall take the joint liability under the claim of the consumer.
- When purchasing food and drug product on the Internet, the online trading platform shall be a third party and they cannot be the party who sells their own products.
- The compensation of the producer or seller to the consumer is no longer applied the basis as ten times of the product price.
- To produce fake or inferior drug or to sell or use them knowing that they are fake or inferior drug, except requesting compensation for the loss, the victim or his/her close relatives claims compensation to the producer or seller in accordance with the Pharmaceutical Administration Law of the People’s Republic of China, the court shall support this claim.
- The scope of the authorities and relevant organizations that may bring the procuratorial public interest litigations according to laws has been expanded.
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