Who Is Responsible When Foreign Objects Are Found in Food? Penalties for Vendors and Producers Explored

Summary of the gelato glass fragment controversy, revealing the Food Act B.E. 2522 (1979) regarding foreign objects in food. What penalties do businesses risk, along with advice on collecting evidence to claim consumer rights.

Summary of the incident involving glass fragments found in gelato ice cream.

Following reports from consumers who said they found"glass fragments"mixed in their gelato ice cream from a well-known shop, causing mouth injuries and bleeding. The victim shared the story as a cautionary tale and called on the shop to improve its production and quality control processes. The shop later issued a public apology, pledged to raise safety standards, and agreed to cover the medical expenses incurred.

This incident sparked widespread public debate about food safety standards and the scope of responsibility that consumers should expect.

Who is responsible when foreign objects are found in food?

Legally, food producers and sellers are directly responsible for controlling the quality and safety of their products.

In practice, when foreign objects are found, businesses typically respond initially by apologizing, replacing the product, or offering a free meal next time. However, from a consumer rights perspective, compensation should cover actual damages—physical, psychological, and medical expenses. Exercising legal rights is crucial to improving safety standards across the food industry.

Legal penalties under the Food Act: What risks do producers and vendors face?

According to the law, producing or selling food contaminated with foreign objects constitutes an offense under the Food Act B.E. 2522 (1979), Section 25(1), regarding the production or sale of"impure food."

Legal penalties explained.

• Section 58 penalty: Anyone violating Section 25(1) faces imprisonment up to 2 years, a fine up to 20,000 baht, or both.

This criminal penalty can also serve as a basis for calculating damages to seek appropriate compensation from the business.

Five essential steps to collect evidence when foreign objects are found in food.

If you encounter foreign objects in your food, consumers should follow these steps to protect their rights and prepare evidence for complaints:

1. Immediately record photos and videos: Photograph the foreign object within the food, wide shots of the dish or container, the receipt, and the store environment or packaging label clearly.
2. Preserve samples of the foreign object and food: If possible, keep samples of the food and foreign object in a clean, sealed container for proof.
3. Seek medical treatment and obtain a doctor's certificate: If injured or if any foreign object was ingested, see a doctor immediately, request a medical certificate, and keep all medical bills.
4. Keep the "original evidence" with yourself only: It is vital to keep all original evidence (such as receipts, object fragments, medical certificates) strictly in your possession. Do not hand over original evidence to the business or any agency; only provide"copies"or"photographs"as necessary.
5. Proceed with asserting your rights: If you cannot reach an agreement on compensation with the business, consumers may file complaints with the Office of the Consumer Protection Board (OCPB) or sue in court under the Consumer Case Procedure Act B.E. 2551 (2008).

Finding foreign objects in food should not be dismissed with mere apologies. Awareness of legal rights and proper evidence collection protects consumers and encourages businesses to improve safety in production and service for the benefit of society as a whole.

Source:Office of the Consumer Protection Board,Consumer Protection Foundation