People's Republic of China promulgated by Decree No. 388 on August 6, 2003 in the Central grain reserves Management Ordinance adopted by the 17th Executive meeting of the State Council, are hereby promulgated and, as of the date of promulgation.
August 15, 2003, Prime Minister Wen Jiabao chapter I General provisions article in order to strengthen the management of the Central grain reserves to ensure central grain reserve number real, good quality and safety, protection of farmers ' interests, maintain food stability in the market, effectively play the role of the Central grain reserves in the national macro-control, this Ordinance is enacted.
Article referred to in the regulations of the Central grain reserves, reserve refers to the Central Government for regulating the national food supply and demand, stabilizing the grain market, and respond to major natural disasters or other emergency situations, such as grain and edible oil.
Article and participation in the Central grain reserves management, monitoring the activities of units and individuals, must comply with these regulations.
Perpendicular to the fourth country of Central grain reserves management system, local governments at all levels and relevant departments should be on the vertical support and assist the management of the Central grain reserves.
Fifth management of Central grain reserves should be strict system, strict management and strict liability to ensure that Central grain reserve number real, good quality and safety, Central grain reserve storage, tube well, transfer, use and save costs, costs.
Without approval of the State Council, all units and individuals are not allowed to use the Central grain reserves.
Sixth the State Council development and reform commissions and the national food administration in conjunction with the financial sector is responsible for the development of Central grain reserve scale, layout and the use of macro-control, guidance and coordination of the Central grain reserves management; national food Administration Department is responsible for the administration of the Central grain reserves, the Central grain quantity, quality and safety supervision and inspection.
Seventh financial departments of the State Council is responsible for the Central grain reserves of loan interest, management fees and other subsidies, and ensure timely, adequate funds and responsible for the Central grain reserves on financial supervision and inspection of the implementation.
Article eighth of China grain reserves corporation responsible for management of the Central grain reserves, and the Central grain quantity, quality, and safety.
Central grain reserves management of the China grain reserves Corporation, in accordance with the relevant national administrative rules and regulations, the national standards and technical specifications, establish and perfect the system of the operational management of the Central grain reserves, and reported to the National Food Administration Department for record.
Nineth agricultural development Bank of China in accordance with relevant regulations of the State, timely and full funding of Central grain reserves for debt, central reserve grain lending and credit regulation.
Tenth article of any unit or individual is allowed to cheat in any way, squeezing, interception, misappropriation of State grain reserves loans or loan interest, management fees and other subsidies.
11th no unit or individual is allowed to destroy the Central grain reserve storage facilities may not be theft, looting or destroying the Central grain reserves.
Central grain reserves to the local people's Governments at the destruction of Central grain reserve storage facilities, theft, looting or destroying violations of Central grain reserves, and shall organize the relevant departments to stop, investigate. 12th no unit and individual violations of the Central grain reserves management, has the right to report to the National Food Administration Department and other relevant departments.
National Food Administration Department and other departments concerned upon receipt of the report, should be investigated in a timely manner; reporting matters belonging to the areas of responsibility of other departments, should be transferred to other departments in a timely manner.
Chapter II plan of Central grain reserves clause 13th Central Reserve grain storage size, variety, and overall layout, by the development and reform of the State Council and the national food administration in conjunction with the financial sector, according to national needs and the financial capacity of macro-control, proposed, approved by the State Council.
14th Central grain reserve acquisition, sales plans, approved by the National Food Administration Department under the State Council of the Central grain reserve storage size, variety, and overall layout of proposals by the financial Department of the development and reform of the State Council and the State Council for examination and approval, by the development and reform of the State Council and the National Food Administration Department in conjunction with the financial sector and the agricultural development Bank of China jointly issued the China grain reserves Corporation.
15th China grain reserves Corporation of Central grain reserves and acquisitions, sales plans, organize implementation of acquisition and sale of Central grain reserves.
16th Central grain reserves system balanced rotation, alternating annually of Central grain reserve total by number of 20% to 30%. China grain reserves Corporation should be based on quality and storage life of Central grain reserves, and raised the number of annual rotation of the Central grain reserves, and sub-regional plans submitted to the national food administration departments, financial departments of the State Council and the China Agricultural Development Bank approved.
China grain reserves Corporation within the annual rotation plan in accordance with market supply and demand conditions, specific rotation of organizing the implementation of Central grain reserves.
17th China grain Reserve Management Corporation shall be the Central grain reserve acquisitions, sales, implementation of annual rotation schedule specific, timely development and reform by the State Department, the National Food Administration Department and Finance Department under the State Council for the record and copy to the agricultural development Bank of China.
Chapter Central grain reserves article 18th enterprises directly under the China grain Reserve Management Corporation for the storage of Central grain reserve enterprises.
Central grain reserves in accordance with the provisions of this Ordinance by other enterprise storage requirements.
19th article generation storage central reserves of enterprise, should has following conditions: (a) warehouse capacity reached national provides of scale, warehouse conditions meet national standards and technology specification of requirements; (ii) has and food store function, and warehouse type, and access grain way, and food varieties, and storage grain cycle, phase adapted of warehouse equipment; (three) has meet national standards of central reserves quality grade detection instrument and places, has detection central reserves store during warehouse within temperature, and water, and pest density of conditions;
(D) has received professional training and obtain the relevant qualification certificate issued by the competent Department of food storage, inspection, control of management and technical personnel; (e) management and is in good standing and has no record of serious illegal business.
Select the central reserve grain storage enterprises should follow the layout in favour of Central grain reserves, concentrated in favour of Central grain reserves management and supervision, helps to reduce the cost of Central grain reserves, the cost principles.
20th article 19th of storage conditions of enterprises of this Ordinance, the National Food Administration approval, obtain qualifications for storage of Central grain reserves.
Enterprise Storage measures for the qualification accreditation of Central grain reserves, and the National Food Administration Department in conjunction with the financial sector, and in consultation with the agricultural development Bank of China and the China grain reserves Corporation's views.
Article 21st China grain Reserve Management Corporation is responsible for the storage of Central grain reserves of the enterprise, selected according to the overall layout scheme selection of Central grain reserves central reserve grain storage enterprises, reported to the national food administration, financial departments of the State Council and the China Agricultural Development Bank filing, Administrative Department and copied to the local food.
China grain reserves Corporation shall contract with a central reserve grain storage enterprises, specifying the rights, obligations and liability for breach of such matters.
Central storing grain rotating central reserve grain storage enterprises may not be business mixed with other business operations.
22nd enterprises directly under the China grain reserves Corporation, central reserve grain storage enterprises (hereinafter referred to as enterprise storage) storage of Central grain reserves, and shall strictly implement relevant State Executive of the Central grain reserves management rules and regulations, the national standards and technical specifications, and the China grain Reserve Management Corporation in accordance with the relevant administrative rules and regulations, national standards and technical specifications for the development of the operations management system.
23rd enterprise storage must ensure the storage of Central grain reserves reaches acquisition, quality level under the rotation plan, and in accordance with the quality standards set by the State.
24th enterprise storage should be imposed on the Central grain reserves warehouse storage, personal storage, account records, ensure the Central grain reserves account account matches, consistent accounts, good quality, storage security.
25th reserve enterprises may not be making false statements on or concealing the number of Central grain reserves, no adulteration of fake, shoddy in the Central grain reserves, not allowed to SWOP the Central grain reserves, changing scale of Central grain reserve storage sites, not because of the delay in rotation or Chen, mildew, poor management of the Central grain reserves.
26th reserve enterprises may not be purchased at a low price high price recorded, sold cheap recording, old food to fill the new, inflated storage costs and other means to obtain the difference to defraud the Central grain reserve loan and loan interest, management fees and other financial subsidies.
27th reserve enterprises shall establish and improve safety such as fire, theft, flood of Central grain reserves management system, and equipped with the necessary security safeguards.
Local people's Governments at all levels should support the administrative area of enterprise storage well safety management of Central grain reserves.
28th reserve enterprises shall conduct regular checks on storage management of Central grain reserves; found central reserve grain quantity, quality, and safety and other aspects of the problem, should be processed in a timely manner; cannot handle, reserve the principals must promptly report to the China grain reserves Corporation or its affiliates.
29th enterprise storage should be completed within the time specified in the rotation schedule rotation of Central grain reserves.
Rotation of the Central grain reserve should be followed to help ensure State grain reserves quantity, quality and safe storage, grain market stability and prevent food price volatility in the market, cost savings, efficiency principle.
Specific measures for the management of Central grain reserves rotation, by the development and reform of the State Council and the National Food Administration Department in conjunction with the financial departments of the State Council, and in consultation with the agricultural development Bank of China and the China grain reserves Corporation's views.
Article 30th the Central grain reserves and acquisitions, sales, rotation should be exposed through the normative wholesale food market in principle, or by other means prescribed by the State.
31st reserve business shall not be conducted in Central grain reserves to foreign security or foreign debt. Enterprise storage is revoked according to law, dissolution or insolvency, its stocks of Central grain reserves by the China grain reserves Corporation is responsible for bring up another store.

32nd Central grain reserve's management fee a fixed lump sum of subsidies, allocated by the financial Department of the State Council, China grain reserves Corporation of China grain reserves Corporation in accordance with the relevant provisions of the financial Department of the State Council, through the agricultural development Bank of China subsidy account, timely, adequate funds and to the supporting storage enterprise.
China grain reserves Corporation in the management of Central grain reserves within the total fee subsidy contract, depending on the storage conditions and the level of actual costs, adjusted to different regions, different varieties and different enterprise storage management costs of subsidies; but the same area, the same varieties, storage conditions are basically the same for enterprise storage management, in principle, the rates of subsidies should be consistent.
Central grain reserves according to subsidies in interest on loans, allocated by the financial Department of the State Council.
Article 33rd central reserve grain loan loans and food linked to increases or decreases in the value of stock and account management, earmarking.
Storage enterprises should open a basic account in the agricultural development Bank of China, and accept the supervision of credit of the agricultural development Bank of China.
China grain reserves Corporation shall create conditions and progressive introduction of Central grain reserve loan marketing through marketing. 34th Central grain reserve storage costs approved by the financial Department of the State Council is responsible for.
Central Reserve grain storage costs, once approved, China grain reserves Corporation and its subsidiaries and enterprise storage must comply with.
Without authorization, no unit or individual is allowed to change the Central grain reserves in storage costs. 35th State to establish loss of Central grain reserves, loss processing system, handle the losses, incurred losses.
Specific measures by the financial authorities and the National Food Administration Department under the State Council, and in consultation with China Agricultural Development Bank of China grain reserves Corporation, and views.
Article 36th China grain Reserve Management Corporation shall regularly statistics, analysis of Central grain reserves management, analysis and statistics, submitted to the State Council development and reform Department, financial Department of the State Food Administration Department of the State Council and the China Agricultural Development Bank.
Fourth chapter of Central grain reserves use of the 37th State Council development and reform commissions and the National Food Administration should reinforce the Central grain reserves the use of early warning mechanisms, strengthening and monitoring the need to tap the Central grain reserves, and timely use of the recommendations of the Central grain reserves.
Article 38th, one of the following conditions occurs, you can use the Central grain reserves: (a) the grain in parts of country or significantly abnormal fluctuation of demand or market price; (b) in cases of major natural disasters or other emergencies may require use of Central grain reserves, (iii) the State Council deems it necessary to use the Central grain reserves in other circumstances. 39th use of Central grain reserves, by the development and reform of the State Council departments and the national food administration in conjunction with the financial sector to use programme, approved by the State Council.
Use of the variety of programmes should include the use of Central grain reserves, quantity, quality, price, use, transport and so on.
40th article development and reform commissions and the National Food Administration Department under the State Council, according to the approval of the State Council of the Central grain reserves the use of programme orders using order by the China grain reserves Corporation organization-specific implementation.
In emergency situations, and decides to use the Central grain reserves and extend the use of command directly under the State Council.
Relevant departments of the State Council and relevant local people's Government on the implementation of the Central grain reserves the use of commands should be given support and cooperation.
41st no unit or individual is allowed to refuse to carry out or altering the Central grain reserves the use of commands. Chapter fifth 42nd national food administration of supervision and inspection departments, financial departments of the State Council according to their respective functions, in accordance with the China grain Reserve Management Corporation and its subsidiaries, storage enterprises the implementation of this regulation and the relevant food legislation, supervision and inspection.
In supervision check process in the, can exercise following terms: (a) into bearing storage Enterprise check central reserves of number, and quality and store security; (ii) to units and personnel understand central reserves acquisition, and sales, and rotation plans and the use command of implementation situation; (three) access central reserves business management of about information, and voucher; (four) on violations, law be processing. 43rd article national food administration sector, and State financial sector in supervision check in the, found central reserves number, and quality, and store security, aspects exists problem, should obliges China reserves Management Corporation and branch institutions, and bearing storage Enterprise immediately be corrected or processing; found central reserves generation storage enterprise no longer has generation storage conditions, national food administration sector should canceled its generation storage qualification; found China reserves Management Corporation directly under the enterprise exists not for store central reserves of situation,
National Food Administration shall instruct enterprises directly under the China grain reserves Corporation on the rectification. 44th national food administration departments, financial departments of the State Council's supervisory and inspective personnel shall make written records of supervision and inspection, and the signature of the inspectors and the inspected units.
Head of the units under inspection refuses to sign, and the situation supervisory and inspective personnel shall be recorded.
45th audit institutions in accordance with the terms of reference of the audit law and procedures, implementation of financial revenue and expenditure of the Central grain reserves audit; find problems should be dealt with in a timely manner.
46th China grain reserves Corporation and its subsidiaries, enterprise storage, the National Food Administration Department of the State Council finance departments, supervisors and inspectors of the auditing departments to perform their duties, should be fit.
No unit or individual may refuse or obstruct or interfere with national food administration and the State Council finance departments, supervisors and inspectors of the auditing departments to perform their duties of supervision and inspection.
47th China grain reserves Corporation and its affiliates shall strengthen the management of the Central grain reserves management and inspection to the central problems of grain quantity, quality, and should be corrected in a timely manner; on the major issues that threaten central reserve grain storage security, should take immediate and effective measures to deal with, and report on the national food administration departments, financial departments of the State Council and the China Agricultural Development Bank. 48th closed management of agricultural development Bank of China should be in accordance with the Fund regulations to strengthen credit supervision of the Central grain reserve loans.
China grain reserves Corporation and its subsidiaries, storage Enterprise supervision of credit of the agricultural development Bank of China according to law, shall cooperate and timely provision of relevant information and circumstances. Sixth chapter legal responsibility 49th article state staff violation this Ordinance provides, has following behavior one of of, give warning until dismissed of administrative sanctions; plot serious of, give downgraded until fired of administrative sanctions; constitute crime of, law held criminal: (a) not timely issued central reserves acquisition, and sales and the annual rotation plans of; (ii) give not has generation storage conditions of enterprise generation storage central reserves qualification,
Or discover the central reserve grain storage enterprises no longer have storage conditions are not disqualified from storage of (iii) enterprises directly under the China grain reserves Corporation there are not suitable for the storage of Central grain reserves should not entrust the China grain reserves Corporation rectification; (iv) receipt of the report, found the violations do not promptly investigated.
50th article China reserves Management Corporation and branch institutions violation this Ordinance provides, has following behavior one of of, by national food administration sector ordered corrected; on directly is responsible for of competent personnel and other directly responsibility personnel, obliges China reserves Management Corporation give warning until dismissed of disciplinary; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel give downgraded until fired of disciplinary; constitute crime of, law held criminal: (A) refused to organization implementation or unauthorized change central reserves acquisition, and sales, and annual rotation plans and the use command of; (ii) select not made generation storage central reserves qualification of enterprise generation storage central reserves of; (three) found central reserves of number, and quality exists problem not timely corrected, or found endanger central reserves store security of major problem, not immediately take effective measures processing and according to provides report of; (four) refused to, and block, and interference national food administration sector, and State financial sector, and
Supervisors and inspectors of the auditing departments to perform their duties of supervision and inspection.
51st article bearing storage Enterprise violation this Ordinance provides, has following behavior one of of, by national food administration sector obliges China reserves Management Corporation on its deadline corrected; plot serious of, on central reserves generation storage enterprise, also should canceled its generation storage qualification; on directly is responsible for of competent personnel and other directly responsibility personnel give warning until fired of disciplinary; constitute crime of, law held criminal: (a) storage of central reserves not meet quality grade and national standards requirements of;
(Ii) on central reserves not implemented designed warehouse save, and hand custody, and designed account records, central reserves account account inconsistent, and account real inconsistent of; (three) found central reserves of number, and quality and store security, aspects of problem not timely processing, or processing can't not timely report of; (four) refused to, and block, and interference national food administration sector, and State financial sector, and audit organ of supervision check personnel or China reserves Management Corporation of check personnel law perform duties of. 52nd article bearing storage Enterprise violation this Ordinance provides, has following behavior one of of, by national food administration sector obliges China reserves Management Corporation on its deadline corrected; has illegal proceeds of, confiscated illegal proceeds; on directly is responsible for of competent personnel give downgraded until fired of disciplinary; on other directly responsibility personnel give warning until fired of disciplinary; constitute crime of, law held criminal; on central reserves generation storage enterprise, canceled its generation storage qualification: (a) false, and Concealed central reserves number of; (ii) in central reserves in the doping adulterated, and shoddy of; (three) unauthorized SWOP central reserves of varieties, and change central reserves store locations of; (four) caused central reserves Chen of, and mildew of; (five) refused to implementation or unauthorized change central reserves acquisition, and sales, and rotation plans and use command of; (six) unauthorized use central reserves of; (seven) to central reserves foreign for guarantees or settlement debt of.

53rd article bearing storage Enterprise violation this Ordinance provides, to low price purchased into high recorded, and high sold low price recorded, and to old grain replacement new grain, and virtual increased storage cost, means take post, cheat central reserves loan and loan interest, and management costs, subsidies of, by national food administration sector, and State financial sector according to their duties obliges China reserves Management Corporation on its deadline corrected, and ordered returned cheat of central reserves loan and loan interest, and management costs, subsidies; has illegal proceeds of,
Confiscation of illegal income; the officer directly in charge of disciplinary demotion until dismissal; on the other persons given a warning until dismissal of disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law; the central reserve grain storage company, cancel its storage qualification.
54th central reserve grain storage enterprises Central storing grain rotating business mixed with other business operations, the National Food Administration Department entrusted the China grain reserves Corporation rectify; give warnings until relegation to officers directly in charge of disciplinary sanctions resulting in loss of Central grain reserves, and given to officers directly in charge of removal until dismissal or disciplinary action, and cancel the qualification of its storage.
55th article violation this Ordinance provides, crowding out, and interception, and misappropriated central reserves loan or loan interest, and management costs, subsidies, or unauthorized change central reserves storage cost of, by State financial sector, and China Agricultural Development Bank according to their duties ordered corrected or give credit sanctions; has illegal proceeds of, confiscated illegal proceeds; on directly is responsible for of competent personnel and other directly responsibility personnel law give dismissed until fired of disciplinary; constitute crime of, law held criminal.
56th State organs and the agricultural development Bank of China in violation of the provisions of this Ordinance, abuse, deception or negligence to constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime according to demote until dismissal of administrative or disciplinary action.
57th in violation of the provisions of this Ordinance, destroyed the Central grain reserve storage facilities, theft, looting, damage to the Central grain reserves, and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, in accordance with the People's Republic of China on public security administration punishments Ordinance shall be punished; resulting in property damage, shall bear civil liability.
58th functionaries of the administrative sanctions provided for in these regulations, in accordance with the provisions of the provisional regulations on civil servants; China grain reserves Corporation and its subsidiaries, enterprise storage, agricultural development Bank of China staff disciplinary action, in accordance with the implementation provisions of the reward and punishment regulations for employees of enterprises, otherwise provided by the State, in accordance with the relevant provisions.
Seventh chapter supplementary articles article 59th local grain reserves management approach, by provinces, autonomous regions and municipalities directly under the light of the enactment of this Ordinance.
60th these regulations come into force on the date of promulgation.
(Xinhua News Agency, Beijing, August 28)