2005 of 25th of Commerce to make the alcohol circulation management method on October 19, 2005 the Ministry of Commerce of the 15th Ministerial meeting, publish, enter into force on January 1, 2006.
Director: Bo on November 7, 2005 alcohol circulation Management chapter I General provisions article regulating alcohol circulation order, promoting the orderly development of the wine market and safeguard national interests, protect the lawful rights and interests of wine producers, operators and consumers, in accordance with relevant laws and regulations, these measures are formulated. Second wines mentioned in these measures refers to the alcohol (ethanol) is greater than 0.5% (concentration) of alcoholic beverages, including wine, spirits, wine, alcohol and other drinks containing alcohol.
Approved by the relevant Administrative Department of the State according to law the production of wine and health foods except for alcohol.
Alcohol circulation in these measures include alcohol wholesale, retail, transportation and other business activities.
Article in the People's Republic of China territory of alcohol circulation activities shall abide by these measures.
Article fourth alcohol circulation record registration system and the source system administrators.
Fifth Ministry of Commerce is responsible for supervision and administration of alcohol circulation nationwide.
Commercial administrative departments at or above the county level shall be responsible for the supervision and administration of alcohol circulation within the administrative area.
Chapter II registration article sixth liquor wholesale, retail units, or individual (hereinafter referred to as alcohol managers) shall, within 60 days of obtaining the business license, according to the principle of territorial management, to industrial and commercial administration departments to register commercial administrative departments at register. Seventh alcohol managers filing registration procedure was as follows: (a) collect the alcohol circulation record registration form (hereinafter referred to as the registration form).
The registration form through the Government website (www.MOFCOM.gov.CN) download, or to the local competent Commerce authorities collect. (B) fill in the registration form.
Alcohol managers should be complete, accurate and truthfully fill out the registration form and read carefully the terms annexed to the registration form and signed by the legal representative or business owner, stamp.
(C) submit the following registration materials to the commercial administrative department: 1, according to the article the seventh of this approach (b), asked to fill in two copies of the registration form 2, by the legal representative or business owner signed and sealed copy of copy of business license and a health permit; 3, endorsed by provincial-leveled Commerce authorities publicized by the Ministry of Commerce and other materials as requested.
Eighth article submitted by departments in charge of Commerce shall receive alcohol managers within 5 working days from the date of the above materials go through the registration formalities, seal in the registration form.
Nineth Commerce authorities should be completely and accurately record and save liquor operator record registration information and registration material, establishment of register files, submit regularly to the competent Department and announced to the public.
Tenth on the registration form of any change of registered particulars, wine business operators shall from the date of change in the 30th (belonging to the business from the date of registration change of registered particulars in the 30th) to the commercial Administrative Department for change procedures.
Business departments receive alcohol managers to submit written materials, shall go through the procedures of alteration within 5 business days. Since its alcohol managers in the form of Administration for industry and commerce registration cancellation or revocation of business licenses expire automatically on the date.
Competent commercial departments should be regularly checked with the industry and commerce administration departments at log off or even cancelled.
11th commercial Department to register or change when you register, you can only charge the fee approved by the local pricing departments shall not be charged other fees.
12th liquor marketers may not forge, alter, lease, lend, transfer, sale or obtaining the registration of alcohol circulation.
Chapter business rule 13th liquor wholesale, retail, storage and transportation operations should be in accordance with the implementation provisions of State or industry standards. 14th wine operators (supplier) in the wholesale liquor trade should be filled out when the alcohol circulation accompanying sheet (hereinafter referred to as the accompanying single), with record liquor circulation of information.
The accompanying form of collateral in the whole process of alcohol circulation, with the goods, goods consistent realization of alcoholic products from the factory to the point of sale information traceability throughout the process flow.
Should include the sale of the single that came with the unit (name, address, registration number and contact information), purchase a unit name, date of sale, the sale of goods (name, size, origin, lot number or date, quantity, unit of production) and other content, and stamped with the seal of the operator.
Has established a sound and compatible with the approach required alcohol managers the traceability system, recognized by the Ministry of Commerce, can be used on its own, formulate documents, instead of the attached form as provided herein.
15th alcohol managers when purchasing wine, should be obtained from the supplier for the first time its business license, health permit, production permit (limited to producers), registration form, wine marketing authorisation (limited manufacturer) copy.
Wine class operators on each buy into of wine class commodity should obtained effective of products quality test qualified proved copies and stamped wine class operators seal of with attached single or meet this approach 14th article second paragraph provides of documents; on imports wine class commodity also should obtained national immigration test quarantine sector issued of imports food health certificate and imports food label audit certificate copies.
Business purchase and sale of liquor business operators should establish alcohol account, retained for 3 years.
16th wine business operators shall label sales of wine in bulk at fixed locations, ban sales of wine in bulk.
Bulk wine dressed up containers, the national food hygiene requirements, pasting conforms to the national identity of the alcoholic beverage labeling standards, and identify effective sales period after opening, operator and a contact phone number. 17th wine Manager wine storage and transportation should be in line with food hygiene management, fire safety and transportation requirements.
Wine should be kept away from high pollution and high radiation area, shall not be toxic and harmful pollutants (sources), corrosive and other items together.
18th alcohol managers selling alcoholic products should be clearly marked, being honest and trustworthy.
19th wine operators shall not sell wine to minors, and should be explicitly premises prominently.
20th article ban wholesale, and retail, and transportation following business owes: (a) using non-edible alcohol, harmful human health material against business of wine class commodity; (ii) forged, and tampered with production factory name, and site, and production date of wine class commodity; (three) violations trademark dedicated right, intellectual property of wine class commodity; (four) doping fake, and shoddy, and to pretend really, and over shelf life, of wine class commodity and illegal imports wine; (five) other national legal regulations ban sales of wine class commodity.
Supervision and administration of the fourth chapter 21st competent Commerce authorities above the county level based on relevant laws and regulations and these rules, supervision and administration of alcohol circulation within their respective administrative areas.
Commercial administrative departments at all levels shall not limit or impede the circulation of illegal alcoholic products in the region. 22nd in supervision and management, the Commerce authorities should produce valid documents, law enforcement officials shall not be less than two. Where there is evidence or complaint cases, law enforcement officials may have access to books or samples.
Samples should produce valid documents from the parties.
Competent commercial departments have an obligation to keep commercial secrets for the parties.
Alcohol managers should check with the competent commercial departments of supervision, to provide truthful, are not allowed to transfer, destruction of unknown origin the patient wine.
23rd competent commercial departments should establish monitoring of alcohol circulation system for local monitoring of alcohol circulation analysis, alcohol managers established credit records, and announced to the public.
Ministry of Commerce applying modern information technology to establish alcohol circulation management and wine security information systems, commercial administrative departments at all levels and wine operators should submit the relevant information in a timely manner.
24th Commerce authorities may, on their own or in conjunction with the relevant departments to conduct sample testing sales of wine in the region, and publicize the inspection results.
Departments of commercial administration issued or certified wine expert conclusions should be based on national statutory testing organizations testing results or identification of the enterprise is based on reports.
25th liquor industry organizations are encouraged to establish and improve the system of industry self-regulation.
26th no units or individuals shall be entitled to local commerce authorities, industrial and commercial administrative department or relevant Department reports, complaints acts in violation of these measures.
27th fifth chapter legal liability for breach of article sixth, tenth paragraph, warning by the departments in charge of Commerce, shall be ordered to correct within limit; it refuses to, Visual seriousness on alcohol managers fined 2000 Yuan and announced to the public.
Violation of the provisions of article 12th, Visual seriousness, fines of between 10,000 yuan; violations of the administration of industry and commerce laws and regulations transfer of Administration for industry and Commerce according to the case constitutes a crime, criminal responsibility shall be investigated according to law.
28th article violates these measures set forth in the 14th, 15th, and be warned by the departments in charge of Commerce shall be ordered to correct, and to the public; it refuses, the seriousness of penalty of between 5,000 yuan and announced to the public.
29th article violates these measures stipulated in the 16th and 17, be warned by the departments in charge of Commerce, order to correct serious and liable to a fine of less than 10,000 yuan, and transferred to the industrial and commercial administrative organs in accordance with the processing constitutes a crime, criminal responsibility shall be investigated according to law.
30th in violation of the provisions of article 19th, be warned by the Department or with the relevant departments in charge of Commerce shall be ordered to correct serious, fine at less than 2000 Yuan.
31st in violation of the provisions of article 20th, by the Department of Commerce or in conjunction with the departments concerned confiscated illegal goods and may fine below 30,000 yuan and the seriousness of violation of industrial and commercial administrative laws and regulations and violations of the right to exclusive use of trademarks, transferred to the industrial and commercial administrative organs according to the violation of other laws and regulations, and transferred to the relevant organs according to the case constitutes a crime, criminal responsibility shall be investigated according to law.
32nd breach of paragraph III of this article 22nd, be warned by the departments in charge of Commerce, order to correct serious and liable to a fine of less than 10,000 yuan.
33rd Commerce authorities engaged in the supervision and administration of alcohol circulation in violation of this regulation, shall be subject to administrative sanctions.
Sixth chapter supplementary articles article 34th practises the alcohol circulation management of administrative licensing area, should continue to implement licensing systems, liquor circulation in accordance with the means to implement traceability system, alcohol circulation license as a registration form.
Article 35th of the registration form and the accompanying single developed centrally by the Ministry of Commerce, provincial Commerce authorities for implementation.
36th to law commercial administrative departments at or above the county level shall delegate agency engaged in supervision and administration of alcohol circulation.
37th article of the approach by the Ministry of Commerce is responsible for the interpretation. 38th article of the rules implemented on January 1, 2006, effective as of the effective date of a three-month transitional period. During the transition period, alcohol managers shall, in accordance with the regulations to register and establish the origin of alcohol circulation system.