In the cake, flies are eaten, and businesses are required to test themselves.
http://www.qlwb.com.cn/2013/0904/34763.shtml
reporter Zhang Yanan of the Qilu Evening Newspaper Tian Yu Zhang Yanan, who lived in the sun, bought a piece of cake and eaten a fly, but was asked to find out whether the fly was entered in the production process by the merchant. After enquiry, no testing agency in Ji'nan can carry out such tests. Lawyers said that this situation is suitable for the inversion of the burden of proof, and the responsibility for testing is not on consumers.
bought a small cake at the nearby Li Lai cake shop, cut it into small pieces, ate it and ate it, and found a black fly lying on the orange yellow section. "Disgusting me, I threw the cake aside."
reporters and Ms. Liu came to Jianshe Road shop in holly. Mr. Wang, a customer manager in Ji'nan, said that it was not clear whether the flies in the cake were entered during operation. Consumers need to find their own department for inspection. If it is confirmed that it is entered in the production process, Holly will take the responsibility and make compensation according to the law.
for this reason, Ms. Liu thought it was unreasonable. "It is obvious that the cake was originally sandwiched. Why do we still need to go to the testing institution for testing?"
the reporter called the 12315 consumer complaint hotline, and the staff said the industry and Commerce Department did not have the ability to detect. Ji'nan Quality Supervision Bureau, Ji'nan disease prevention and control center and Ji'nan food quality supervision and inspection center also said that such a situation can not be detected.
Ma Yongjie, a lawyer in Shandong magpie China law firm, said the case belongs to a typical infringement of product liability. According to the eighth provisions of the law on the protection of the rights and interests of People's Republic of China consumers in Shandong, the dispute between the operator and the consumer because of the quality of the goods or the quality of service is difficult to identify. The operator shall provide evidence of the fault of the consumer himself; if it fails to prove that it is the consumer's fault, he shall bear the responsibility. "
in this case, there is no agency to say when the fly enters the cake, and the operator should provide evidence that is not in the process of production. The distribution of the burden of proof is called the "inversion of burden of proof" principle.