[2] Compiled from: Boxing County People's Court, Shandong Province
 
Case review
[3] One evening in October 2020, a young man named Xu and two others dined at a Malatang shop, spending 27.4 yuan. During the meal, Xu found a fly in his food and negotiated with the shop. The shop made him a new serving, which he took away. After the shop refused his request for a free meal, Xu sued in Boxing County People's Court, claiming the food was substandard and demanding 1,000 yuan in compensation.

 
 

[4] Boxing County[5] People's Court[6] The court held that food producers and operators must strictly comply with food safety laws and standards. As a food operator, the Malatang shop sold food containing a fly, failing quality requirements. As a consumer, Xu was entitled to claim 1,000 yuan in compensation beyond losses, so the court upheld his claim.
 
 
Relevant legal provisions
Article 148 of the Food Safety Law of the People's Republic of China  
Consumers who suffer damage due to food that does not meet food safety standards may claim compensation from the operator or the producer. The producer or operator that receives a consumer's compensation claim shall implement a first-liability system, pay compensation first, and not shirk responsibility; if the producer is liable, the operator has the right to seek recourse from the producer after compensation; if the operator is liable, the producer has the right to seek recourse from the operator after compensation.
 
If food is produced that does not meet food safety standards, or if an operator knowingly sells food that does not meet food safety standards, consumers may, in addition to claiming compensation for losses, demand from the producer or operator a payment of ten times the price or three times the loss; if the additional compensation is less than 1,000 yuan, it shall be 1,000 yuan. However, this does not apply to defects in food labels or instructions that do not affect food safety and will not mislead consumers.

 
 

 
[1] The author's perspective
In this case, Xu found a fly in the food provided by the restaurant. Although Xu did not submit evidence proving that the food caused him personal injury, the punitive damages stipulated in the Food Safety Law do not require that the consumer's personal rights and interests have been harmed as a prerequisite. Therefore, Xu's claim for the restaurant to pay 1,000 yuan in compensation is legally justified and should be supported.
 
The author reminds that if a customer experiences obvious physical discomfort after dining, they should seek medical attention promptly and may then claim compensatory damages from the restaurant, as well as punitive damages of up to twice the losses suffered. Compensatory damages include reasonable expenses for medical treatment, nursing care, transportation, and other costs incurred for treatment and rehabilitation, as well as lost income due to missed work; if disability results, compensation for assistive devices and disability damages should also be paid; if death results, funeral expenses and death damages should also be compensated.
 
Finally, food is the first necessity of the people, and safety is the top priority of food. Food safety concerns the well-being of the people and every consumer. As operators, restaurants must not only ensure customers enjoy their meals but also feel at ease.