A fantastic journey from Changsha to Hangzhou with a cup of milk tea.
Is it illegal to purchase "online celebrity milk tea" across provinces?
Recently, Modern China Tea Shop, the "online celebrity milk tea" in Changsha, Hunan Province, was purchased by other provinces, which once again attracted attention from all walks of life. Some netizens broke the news that some people specialize in purchasing Modern China Tea Shop milk tea business and can earn thousands of dollars at a time.
● Due to the need for long-distance transportation, inter-provincial purchasing has brought great challenges to the quality and reputation of milk tea. Modern China Tea Shop responded that he did not support any purchasing behavior, hoped that the purchaser would stop this behavior, and also called on consumers not to purchase milk tea.
● Does inter-provincial purchasing behavior violate relevant laws and regulations? Some people think that cross-provincial purchasing of online celebrity drinks or food has food safety hazards for consumers and illegal risks for purchasers in different places, so it is best not to try; Some people think that this is a civil agency, not an illegal operation.
□ "Rule of Law Weekend" reporter Liu Xiping
"Purchasing Modern China Tea Shop, the whole process of high-speed rail freezing preservation, can be purchased in many places, and interested parties can consult … …”
Recently, Modern China Tea Shop, the "online celebrity milk tea" in Changsha, Hunan Province, was purchased by other provinces, which once again attracted attention from all walks of life. Some netizens broke the news that some people specialize in purchasing milk tea in Modern China Tea Shop. Buyers buy milk tea from Changsha through the take-away platform, and then take the high-speed train to and from Hangzhou, Zhejiang and other places. After the milk tea arrives in other cities, guests pick up the goods by flash delivery. Buyers can earn thousands of dollars in one trip.
On July 14, Modern China Tea Shop responded to this purchasing phenomenon in his official Weibo: "Modern China Tea Shop does not support any purchasing behavior, and hopes that buyers will stop this behavior and also appeal to consumers not to buy milk tea."
Whether this cross-provincial purchase of "online celebrity milk tea" violates relevant laws and regulations has aroused heated public debate. The reporter conducted an interview on this.
Online celebrity milk tea cross-province daigou
You can earn thousands of dollars by running.
Modern China Tea Shop is a brand of Hunan Tea Yue Catering Management Co., Ltd.. The company was established in March 2015, focusing on tea and desserts. Because of its high popularity and reputation in Changsha, many consumers buy Modern China Tea Shop milk tea every day, which has become a popular "online celebrity milk tea".
However, this "online celebrity milk tea" has recently encountered difficulties in purchasing it across provinces. According to media reports, Modern China Tea Shop milk tea, which sells at 12 yuan in Changsha stores, was purchased by a special person, and the price approached 60 yuan when it arrived in the hands of Hangzhou guests.
The informant told the reporter that these purchasing personnel first collected and sorted out orders through the purchasing applet in their city. When the number of orders reached a certain number, they began to take the high-speed train or plane to Changsha to pick up the goods — — Place an order on the takeaway before departure, and contact to pick up the goods after arriving at the train station. Put the goods in a special incubator immediately after they arrive, and then return. Despite the long distance and time, business is still booming.
The person who broke the news said that before purchasing orders for 100 cups a day, it has now increased to 200 cups, and it is still in short supply, and the profit per round trip can reach 2,500 yuan. According to reports, the "Latte of Youlan" and "Oolong of Sound" in Modern China Tea Shop are 16 yuan and 15 yuan respectively, and they were sold to 39 yuan after purchasing in Hangzhou. If two people take the high-speed train from hangzhou east railway station to Changsha South Station for purchasing, it will be 1620 yuan for them to take the second-class high-speed train ticket back and forth. If you buy 200 cups at a time, excluding the costs of labor, dry ice, foam boxes, taxis, etc., one cup of milk tea can earn 23 yuan, and 200 cups is 4,600 yuan. Excluding the cost of tickets, two people can earn 2,500 yuan.
The reporter combed the news disclosed by the media and found that the business of purchasing Modern China Tea Shop milk tea has emerged in recent years, not only in Hangzhou, but also in Nanchang, Jiangxi, Hefei, Anhui and other cities around Changsha. The mode is that consumers book in advance. After reaching a certain number, the purchaser places an order in advance on the mobile phone, and then takes the high-speed train to pick up the goods and go back and forth one day.
There are food safety hazards.
Shops crack down on purchasing behavior
In the interview, the reporter learned that milk tea with breast covers in summer has a short storage time, so it is necessary to observe whether the cream has melted when drinking. 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 deteriorated milk tea contains a lot of sugar, which is easy to breed bacteria.
Due to long-distance transportation, it is difficult to guarantee the quality of milk tea. The appearance of inter-provincial purchasing has undoubtedly brought great challenges to the quality and reputation of Modern China Tea Shop milk tea.
In the face of the increasing cross-provincial purchasing, Modern China Tea Shop responded in the official Weibo on July 14th that Modern China Tea Shop does not support any purchasing behavior, and hoped that purchasers would stop this behavior, and also appealed to consumers not to purchase milk tea from any channel. Modern China Tea Shop milk tea bought by consumers through cross-city purchasing is not only particularly expensive, but also particularly unpalatable, and it is likely that the milk tea bought is not produced in Modern China Tea Shop at all.
Modern China Tea Shop also said that their milk tea is made on the spot, with short shelf life and harsh storage conditions. A cup of milk tea on the spot is transported for a long distance without suitable and stable storage conditions, which poses great food safety risks.
"Food safety is greater than the sky, and this kind of purchase that has touched the red line of food safety will be ‘ One-vote veto ’ . As the related report said, in order to crack down on milk tea purchasing, our stores will verify the purchase reasons when they receive large orders. If it is confirmed as a purchasing behavior, the store will refuse to take the order. I really don’t dare to be lucky in everyone’s health, and I hope everyone can understand more. " Modern China Tea Shop said.
On the morning of July 16th, the reporter called the escort agency store of Modern China Tea Shop Shuangta International Plaza in the name of ordinary consumers to order 100 cups of milk tea, but the store staff refused to accept this order on the grounds that the order was too large to take orders.
However, some insiders believe that it is still unknown whether Modern China Tea Shop’s move has any effect on cracking down on purchasing behavior. "If Modern China Tea Shop doesn’t accept big orders, the purchaser may break them into parts and find some people to buy them locally, which will only increase the purchasing cost."
Then, does the railway department have any relevant restrictions on the behavior of carrying hundreds of cups of milk tea on the high-speed rail? To this end, the reporter called the 12306 railway service hotline for consultation on July 15. The railway staff replied that according to the relevant regulations of the railway department, passengers can carry common liquids, such as drinking water, when taking the high-speed rail. "As long as each person carries no more than 20 kilograms. After some trials at the pit stop, you can still bring the high-speed rail. " Obviously, the railway department can’t stop the pace of cross-provincial purchasers.
Inter-provincial purchasing sparked heated discussion
Whether it is illegal or not is inconclusive.
Does this cross-provincial purchasing behavior violate relevant laws and regulations?
Some people think that such an inter-provincial purchasing activity actually involves three civil contracts: one is the agency contract between the purchaser and the client, which is an equal and voluntary civil contract. As long as the wishes of both parties are true and the contents involved are not illegal, it is legal and effective, and there is no legal basis for the statement that purchasing can only be limited to acquaintances and friends; The second is the sales contract between the purchaser and Modern China Tea Shop, which is not controversial; The third is the passenger transport contract between the purchaser and the high-speed rail, which is no problem. Since the above three contracts involved in purchasing are legal and valid, it is obviously a bit arbitrary to rashly assert that this cross-provincial purchasing is suspected of illegal operation.
"Purchasing milk tea across provinces is a labor income in itself. I don’t think it has reached the level of seriously disrupting market order and should not be illegal." A lawyer in Changsha talked to reporters about his views.
Huang Jie, a professor at the Law School of Hunan Normal University, believes that this kind of large-scale purchasing behavior aimed at making profits and targeting unspecified people is suspected of multiple violations.
Huang Jie introduced that according to the relevant provisions of the Food Hygiene Law, food producers and operators refer to all units or individuals engaged in food production and operation. Food production and marketing personnel engaged in food production and marketing without obtaining a health certificate, or those who are not allowed to contact directly imported food due to illness and are not transferred according to regulations, shall be ordered to make corrections and may be fined not more than 5,000 yuan.
"This kind of inter-provincial purchasing involves the acquisition, storage, transportation, sales and other links in food production and operation. Purchasing personnel engage in food transportation without personal health certificates, which obviously violates the Food Hygiene Law." Huang Jie said that milk tea is easy to deteriorate and breed bacteria after long-distance transportation, which will endanger the health of the client in serious cases.
Huang Jie believes that food is a special commodity, and Article 2 of the Food Hygiene Law clearly stipulates that the state implements a food hygiene supervision system. This kind of profit-oriented large-scale purchasing for unspecified objects has already belonged to food business activities.
"Because it is out of the supervision of relevant departments, it has actually disrupted the market order and belongs to illegal business activities. At present, according to the analysis of news reports, the circumstances may not be serious, so it is not necessary to apply criminal law to deal with it for the time being. However, if this kind of behavior continues, which constitutes serious circumstances or causes serious consequences, it may constitute the ‘ Other illegal business practices that seriously disrupt the market order ’ Relevant departments can investigate and deal with it according to law. " Huang Jie said.
In Huang Jie’s view, this kind of cross-provincial purchasing can easily lead to disputes. "The entrusting party does not know the real name, identity and address of the purchasing party, and it is also difficult to investigate and verify. Many entrusting parties conduct transactions by paying first and then receiving goods, which is prone to the loss, damage or non-conformity of goods. Once there is a dispute over rights and interests, the entrusting party may encounter many obstacles in safeguarding rights. In addition, these ‘ Operator ’ It is also suspected of tax evasion and other issues that violate tax laws. "
Huang Jie suggested that purchasing drinks or foods in online celebrity across provinces may pose food safety risks to consumers and illegal risks to purchasers in different places, so it is best not to try.
Lawyer Li Jinbao, a partner of Beijing Gancheng Law Firm, believes that purchasing goods belongs to agency behavior and belongs to the legal relationship between consumers and purchasing agents or businesses. "Inter-provincial purchasing ‘ Online celebrity milk tea ’ This kind of purchasing behavior obviously has huge profits, which belongs to paid agency behavior and business behavior, and should be strictly registered according to law. "
Li Jinbao analyzed that according to the relevant provisions of the E-commerce Law, which came into effect on January 1, 2019, the for-profit "purchasing" activities that take place in China and undertake and carry out business through information networks belong to e-commerce activities and need to be regulated by the E-commerce Law.
"Although there is no clear definition of business activities in the law, business activities have two basic characteristics: facing unspecified objects and aiming at profit." Li Jinbao said that if you buy goods on behalf of specific relatives and friends by traveling, even if you charge a certain reward or reward, it should not be considered as a business activity; And if for the purpose of profit, people buy goods on behalf of many people with high frequency, multiple times and high amount, it should be regarded as business activities and should be bound by e-commerce law.
Li Jinbao believes that, according to the requirements of the E-commerce Law, natural persons engaging in "purchasing" business are commercial services, and they must obtain business licenses, obtain corresponding administrative licenses, complete tax registration and pay taxes according to law. "This kind of inter-provincial purchasing ‘ Online celebrity milk tea ’ If there is no relevant qualification, it can be considered as illegal business activities. "
