Traditional Culture Encyclopedia - Hotel accommodation - How much can I pay for expired fertilizer?
How much can I pay for expired fertilizer?
Legal analysis
According to Article 2 of the Consumer Protection Law
The rights and interests of consumers in purchasing, using commodities or receiving services for daily consumption are protected by this law; Matters not specified in this Law shall be protected by other relevant laws and regulations. Article 3 Business operators shall abide by this Law when providing consumers with the goods or services they produce and sell. Where there are no provisions in this law, other relevant laws and regulations shall be observed.
Article 11 Consumers who suffer personal or property damage due to purchasing or using commodities or receiving services have the right to compensation according to law. According to the above-mentioned laws, farmers purchase means of production directly used in agriculture, and also refer to the relevant provisions on the protection of consumers' rights and interests. You can ask the store or manufacturer to compensate for the property losses caused by the products.
legal advice
First, if the economic loss is more than 20,000 yuan due to the purchase of fake chemical fertilizer and its use in production, it will reach the starting point of the amount of "causing heavy losses in production" in the crime of producing and selling fake pesticides, veterinary drugs, chemical fertilizers and seeds as stipulated in Article 147 of the Criminal Law;
Second, if the amount of making and selling fake goods reaches more than 50,000 yuan or the value of goods reaches more than 6.5438+0.5 million yuan, it is also suspected of constituting the crime of selling fake and inferior commodities. You can ask the industrial and commercial department to transfer the case to the public security organ, or you can report it directly to the public security organ. In line with the conditions for filing, the public security organ shall not file a case. You can put forward the supervision of filing a case to the procuratorate, and the procuratorate will supervise the public security organ to file a case.
legal ground
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Criminal Cases under the Jurisdiction of Public Security Organs (1)
Article 23 [Case of Producing and Selling Fake and Inferior Pesticides, Veterinary Drugs, Fertilizers and Seeds (Article 147 of the Criminal Law)] Whoever produces fake pesticides, fake veterinary drugs and fertilizers, sells pesticides, veterinary drugs, fertilizers and seeds that are known to be fake or lose their use efficiency, or the producers and sellers pass off unqualified pesticides, veterinary drugs, fertilizers and seeds as qualified pesticides, veterinary drugs, fertilizers and seeds is suspected of the following circumstances.
1, resulting in a production loss of more than 20,000 yuan;
2. Other circumstances that cause heavy losses to production.
Answer at 2021-11-23.
Agree 2
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