A cup of milk tea from Changsha to Hangzhou’s fantasy trip across provinces to purchase “net red milk tea” illegal
● Recently, “Net Red Milk Tea” in Changsha, Hunan, has once again attracted attention from all walks of life. Some netizens broke the news that some people specialize in buying tea -colored milk tea business on behalf of the tea, and they can earn thousands of yuan in one trip.
● Because long -distance transportation is required, the quality and reputation of milk tea for milk tea have brought huge challenges. Tea Yanyue responded that it did not support any purchasing behavior. I hope that buyers will stop this behavior and also call on consumers not to purchase milk tea
● Does inter -provincial purchasing behavior violate relevant laws and regulations? Some people think that cross -provincial purchasing online red beverages or foods have hidden food safety hazards to consumers, and there are illegal risks to buyers in different places. It is best not to try it;
“Buy tea on behalf of the colorful color, the high -speed rail is frozen throughout the process, you can purchase in many places, you can consult if you are interested …”
Recently, “Net Red Milk Tea” in Changsha, Hunan, has once again attracted attention from all walks of life. Some netizens broke the news that some people specialized in buying tea Yanyue -colored milk tea business. The buyer purchased milk tea from Changsha through the takeaway platform, and then took the high -speed rail to and from Hangzhou and other places in Zhejiang. After milk tea arrives in a foreign city, the guests will pick up the goods by flashing. Purchase can earn thousands of yuan.
On July 14, Chayan Yue Seng responded to this purchasing phenomenon on its official Weibo: “Tea Yanyue color does not support any purchasing behavior. I hope that buyers will stop this behavior and also call on consumers not to buy milk tea.”
Whether this kind of “net red milk tea” is purchasing “net red milk tea” violates relevant laws and regulations and has caused public debate. Reporter conducted an interview.
Net red milk tea can earn thousands of dollars when you run a trip across provinces
Tea Yanyue is a brand of Hunan Chayue Catering Management Co., Ltd. The company was established in March 2015 and focused on tea and desserts. Due to the high popularity and reputation in Changsha, there are many consumers who buy tea beautiful milk tea every day. The milk tea has become a popular “net red milk tea”.
However, this “net red milk tea” has recently encountered the travelers of inter -provincial purchasing agents. Some media disclosed that the price of tea Yanyue Milk Tea, which is priced at 12 yuan in Changsha stores, was closer to 60 yuan when they arrived at Hangzhou guests through special purchasing purchases.
The reporter told reporters that these purchasing personnel first collected and sorted out orders through the purchasing mini -programs in their city. When the order reached a certain number, they began to take the high -speed rail or aircraft to pick up the goods in Changsha – After arriving at the train station, contact the goods. Put it in the special insulation box immediately after the cash on the hand, and then return. Although the journey is far away and the time is long, the business is still hot.
According to the news, the previous purchase of 100 cups per day, now it has increased to 200 cups, and it is not in short supply. Each round -trip profit can reach 2,500 yuan. According to reports, the “Youlan Latte” and “Sound Oolong” in Cha Yanyue are 16 yuan and 15 yuan, respectively. After purchasing, they were sold to 39 yuan after they were purchased. If the two take the high -speed rail from Hangzhou East Station to Changsha South Station, the two are 1620 yuan back and forth on the second -class high -speed rail ticket. If you buy 200 cups in one trip, except for the cost of manual, dry ice, foam boxes, and taxis, milk tea can earn 23 yuan, 200 cups are 4,600 yuan. Excluding ticket costs, two people can earn 2500 yuan.
The reporter sorted out the news disclosed by the media and found that in recent years, the purchase of tea beauty tea tea business in recent years has not only existed in Hangzhou, but also appeared in cities such as Nanchang and Hefei, Jiangxi around Changsha. The model is that consumers book in advance. After reaching a certain number, the buyer places an order on the mobile phone in advance, and then takes the high -speed rail to pick up the goods for one day.
There are food safety hidden dangers stores to crack down on purchasing behavior
In the interview, the reporter learned that the milk tea of the milk cover was short for a short time. When drinking, it was necessary to observe whether the cream has melted. If the cream has melted, it will have a slightly sour taste. In this case, it is generally not recommended to drink, because milk tea has deteriorated, and the deterioration milk tea contains a lot of sugar, which is easy to breed bacteria.
Due to long -distance transportation, it is difficult to ensure the quality of milk tea. The emergence of inter -provincial purchasing phenomena will undoubtedly bring huge challenges to the quality and reputation of tea Yan Yueya milk tea.
Faced with increasingly increasing inter -provincial purchasing agents, Cha Yanyue responded on the official Weibo on July 14 that Tea Yanyue color does not support any purchasing behavior. I hope that buyers will stop this behavior, and they also call on consumers not to follow the majority of consumers. Buy milk tea on behalf of any channel. Consumers are not only very expensive, but also not delicious, and they are likely not to be produced at all.
Tea Yanyue also stated that their milk tea is now aroming, the shelf life is very short, and the preservation conditions are very harsh. A cup of milk tea has passed through the transportation of high -speed rail and bus. Transportation has great food safety risks.
“Food safety is greater than the sky. This kind of purchase that has touched the red line of food safety. After we understand, we will” vote for a vote. “As the relevant reports say, in order to combat milk tea purchasing, our store will verify the purchase when receiving a large order. The reason. If it is confirmed that it is a purchasing behavior, the store will refuse to receive the order. I really dare not be lucky in everyone’s health, and I hope everyone can understand it. “Chayue Yueye said.
On the morning of July 16th, the reporter called Tea Yanyue color Shuangta International Plaza Board Store in the name of ordinary consumers and requested to order 100 cups of milk tea. Store staff refused to receive This order.
However, some people in the industry analyzed that the measure of Chayue Yue Se is still unknown whether it is effective in cracking down on purchasing behaviors. “If Tea Yanyue does not receive large orders, the purchaser may turn into zero, and find some people to buy it locally. This will only increase a certain purchase cost.”
So, does the railway department have related restrictions on the behavior of bringing hundreds of cups of milk tea to take high -speed rail? To this end, the reporter called the 12306 railway service hotline on July 15 to consult. Railway staff replied that according to the relevant provisions of the railway department, passengers can carry common liquids when taking high -speed rail, such as drinking water. “As long as each person’s weight does not exceed 20 kilograms. After some trials of the entrance, you can still bring the high -speed rail.” Obviously, the railway department cannot block the pace of cross -provincial buyers.
Cross -provincial purchasing discussions are illegal to discuss whether it is illegal
Is this cross -provincial purchasing behavior that violates relevant laws and regulations?
Some people wrote an article that such a cross -provincial purchasing activity actually involved 3 civil contracts: First, the agency contract between the purchaser and the client, which is an equal and voluntary civil contract. It is legal and effective, and there is no legal basis for purchasing “only between acquaintances and friends”. This is okay. Since the above three contracts involved in the purchasing agency are legal and effective, it is obviously a bit arbitrary to assert that such cross -provincial purchasing agents are suspected of illegal operation.
“Purchasing milk tea on behalf of the province itself can be regarded as labor income. I don’t think it has seriously disrupted the market order. It should not be illegal.” A lawyer in Changsha talked to reporters his point of view.
Huang Jie, a professor at the School of Law of Hunan Normal University, believes that this kind of purchase of large -scale purchasing behaviors for profit -based and targeting unspecified people is suspected of multiple illegal illegal.
According to Huang Jie, in accordance with the relevant provisions of the Food Sanitation Law, food production and operators refer to all units or individuals engaged in food production and operation. If food production and operators have not obtained a health certificate and engage in food production and operation, or those who are not allowed to contact directly imported foods, they are not transferred from the regulations, or they are ordered to correct them. They may be fined below 5,000 yuan.
“This kind of inter -provincial purchase involves the acquisition, storage, transportation, sales and other links in food production and operation. The purchaser did not apply for a personal health certificate to engage in food transportation, which obviously violated the food hygiene law.” Transportation is prone to deterioration and breeding bacteria, which will endanger the physical health of the client.
Huang Jie believes that food is a special commodity. Article 2 of the Food Health Law clearly stipulates that the state implements a food hygiene supervision system. For the purpose of profitability, large -scale purchases for unspecified objects have already belonged to food business.
“Because it is separated from the supervision of relevant departments, in fact, it has disrupted market order and belongs to illegal business activities. At present, according to the analysis of news reports, the circumstances may not be very serious, so it is not necessary to apply the criminal law to deal with it. If this type of behavior continues, it may constitute serious or serious consequences, etc., which may constitute the “other illegal business behaviors that seriously disrupt the market order ‘in Article 225 of the Criminal Law. Investigate and deal with. “Huang Jie said.
In Huang Jie’s view, this inter -provincial purchase is also easy to cause disputes. “The commissioner does not understand the real name, identity, address, etc. of the purchasing party, and it is difficult to investigate and verify. Many clients use the method of receiving payment before paying first. If the rights and interests of the rights and interests may encounter many obstacles to the commissioner’s rights. In addition, these ‘operators’ are suspected of tax evasion and other tax laws. “
Huang Jie suggested that inter -provincial purchasing online red beverages or foods have hidden food safety hazards to consumers, and there are illegal risks to buyers in different places. It is best not to try.
Lawyer Li Jinbao, a partner of Beijing Qiancheng Law Firm, believes that purchasing goods are agency behaviors and the legal relationship between consumers and purchasing actors or merchants. “Cross -provincial purchasing ‘net red milk tea’. This kind of purchasing behavior obviously has huge profits. It is a paid agent and also a business behavior. It should be strictly registered in accordance with the law.”
Li Jinbao analyzed that in accordance with the relevant provisions of the e -commerce law implemented from January 1, 2019, trading behaviors occurred in China. The profit -making “purchasing” activity through information network acceptance and business is an e -commerce activity. Supervision of e -commerce law.
“Although there is no clear definition of operating activities in law, there are two basic characteristics of business activities: for the purpose of unspecified objects, for the purpose of profit.” Commodities, even if a certain amount of compensation or reward is charged, it is not appropriate to be identified as business activities; if the purpose of profit, if the high frequency, multiple, and high amount of items buy items, it should be identified as the business activity, and the e -commerce law should be subject to the e -commerce law. Constraints.
Li Jinbao believes that in accordance with the requirements of the E -Commerce Law, natural persons are engaged in “purchasing” business and belong to business services. They must handle business licenses in accordance with the law, obtain corresponding administrative licenses, complete tax registration and tax taxes. “This kind of inter -provincial purchasing ‘net red milk tea’, without relevant qualifications, can be identified as illegal business activities.” (Reporter Liu Xiping)
Source: Rule of Law Daily