Implementing The Regulation On Grain Circulation Management In Zhejiang Province Way

Original Language Title: 浙江省实施《粮食流通管理条例》办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399459.shtml

Implementing the regulation on grain circulation management in Zhejiang Province way

    (July 3, 2008, Zhejiang Province people's Government order No. 245, released on March 13, 2014, it was published by the Zhejiang Provincial people's Government order No. 321, Zhejiang Province, the Zhejiang Provincial people's Government on changes of forest land management practices, such 9 decision of the regulatory amendments come into force on August 1, 2008) Chapter I General provisions

    First in order to encourage grain production, protect legal rights of operators, consumers, maintaining the order of grain circulation, according to the provisions of the regulations on grain circulation management, combined with the facts of the province, these measures are formulated.

    Article within the administrative area of the province engaged in grain purchase, sale, storage, transport, processing, import and export operations (hereinafter referred to as the food business activities), as well as related regulatory activity, these measures shall apply.

    Grain circulation management article should follow government regulation market regulation-9 combination, encouraging competition and the principle of combining guidance, promote fair trade and food security. The fourth people's Governments above the county level shall strengthen leadership on grain circulation management and full responsibility for food security within their respective administrative areas.

    Food requirements of provincial Governor in charge of the provincial people's Government, in accordance with, in charge of the overall balance between grain supply and demand.

Fifth food administrative departments of the people's Governments above the county level shall be responsible for the administrative area of grain circulation management and industry guidance.

    Development and reform, commercial, fiscal, price, quality and technology supervision, health and family planning sectors within the scope of their respective duties responsible for work on grain circulation management.

    Chapter II food business

    Sixth food operators in these measures refers to grain purchase, sale, storage, transport, processing, import and export business activities of legal persons, other economic organization or individual.

Article seventh operators engaged in grain purchase activities (hereinafter referred to as food purchasers), subject to the following conditions:

(A) comply with the registration requirements of the corresponding type of economic entities registered capital requirements;

(B) owns or leases of grain storage facilities in accordance with the norms of national grain storage technology, clean, measurement, temperature measurement, and equipped with the necessary equipment;

(C) equipped with the appropriate grain moisture, the roughness and impurities, density testing (laboratory) equipment;

    (D) has a more professional or part-time food quality inspection and custodial staff.

Eighth section engaged in grain purchase activity, shall be filed with the registration written application with the Department of food administration at the same level, and financing, storage facilities, quality inspection and proof of ability of materials.

    Food administrative authorities shall from the date of acceptance of the application in the 15th, made to meet the required conditions of a licensing decision, grain purchasing licenses issued after after publicity; no permission, and shall state the reasons in writing. Nineth grain purchase of permits will be valid for 3 years. Need to continue after the expiration, shall, on the expiry of 30th lodge an application for renewal to the issuing authority.

    Food administrative authorities should be made in the grain purchase licence before the expiry of decision on whether to approve the extension; fails to make a decision, considered to approve the extension.

Tenth grain purchase should comply with the following operational code of conduct:

(A) strict implementation of national standards for food quality, price, not beat down the grade;

(B) shall be promptly paid to the grain for sale grain for sale, shall not be in arrears;

    (C) shall not accept any organizations or individuals entrusted withholding, paying any taxes and other payments.

11th food seller shall comply with the following operational code of conduct:

(A) strict implementation of national standards for food quality and health standards;

(B) not it's fake, shoddy, and doped;

(C) not hoarding, monopolies or manipulating food prices;

    (Iv) not to dominate, forcing others to accept unequal or unlawful trading conditions. 12th food sells quality inspection system, the prohibition of deterioration, do not meet hygienic standard of edible food into the food market.

    Food, industrial and commercial administrative departments should strengthen the aged grain (severe not to save food, hereinafter the same) sales management.

13th engaged in grain purchase, sale, storage, processing, operator of food and feed grains, industrial food processing enterprises shall, in accordance with the provisions of the regulations on grain circulation management article 23rd establish the cereal business account and to the local County (municipal and district) Department of food administration submit the basic data and the situation.

    Grain circulation statistics of specific measures by the competent administrative authorities and the statistical offices of grain according to the relevant regulations of the State.

    14th food industry associations should improve service standards, integrity management, strengthening self-discipline, for food business operators to provide advice, assessment, guidance and other services.

    Chapter regulating the grain market The 15th people's Governments above the county level shall, in accordance with the regulations on grain circulation management article 27th of the established grain risk funds.

    The sources of funds, and supervision and management in accordance with the relevant provisions of the State and province. The 16th food information of the people's Governments above the county level shall strengthen the monitoring and early warning system.

    Food, competent price administrative departments at and above the county level shall, together with the development and reform, agriculture, statistics, quality and technical supervision, health family planning administrative departments of the administrative areas of food supply and demand situation of the market for monitoring and early warning analysis and timely dissemination of information such as food production, consumption, prices, quality. 17th above county level food, price administrative departments should be determined according to the needs of food market monitoring fixed-point units.

    Food market monitoring Sentinel units shall in accordance with the provisions of the monitoring reports of the grain market system, truthful, timely and accurate provision of food prices, inventory status and related information, grain market monitoring of the rights and obligations of Sentinel units and the corresponding legal responsibility in accordance with the relevant provisions of the price monitoring and early-warning mechanism in Zhejiang Province implementation.

18th food safety responsibility system of the people's Governments above the county level shall, in accordance with the requirements of their respective administrative areas food security emergency plan, implementing local grain reserves, emergency food products, minimum grain inventory and contingency processing, emergency supplies and other emergency measures.

    Provincial districts of the city and County (city, district) people's Government the establishment of food safety regulation of funds, mainly for the food emergency supply for emergency purchases, response processing, costs and other expenses, their sources of funds, and the Zhejiang Province supervision and administration in accordance with the food safety regulation of fund management method of execution.

19th for all kinds of unexpected public events or for other reasons, causing mutations of grain supply and demand relations in their respective administrative areas, occurs in a larger geographical scope mass concentrations up to buy, the food stock stock, price rise and other food under the situation of market volatility, the people's Governments above the county level may start a food security emergency.

City divided into districts, counties (cities and districts) launch food security emergency plan, required by the Administrative Department for food recommendations, reported the people's Governments at the corresponding level decision and reporting level people's Governments; food security emergency boot, in accordance with the regulations on grain circulation management article 33rd of the provisions of the second paragraph.

    Food security emergency plan started, all food business operators must, in accordance with government requirements to assume emergency tasks, follow the Government's unified arrangements and scheduling to ensure emergency needs.

20th to ensure market supply, protect the interests of grain growers and, if necessary, by the provincial people's Government for decision on early and late implementation of minimum purchase price for rice.

    When food prices rise sharply or has the potential to significantly increase, provincial people's Government may, in accordance with the People's Republic of China price provisions of the Act, appropriate price intervention measures can be taken.

21st food business operators shall maintain the necessary inventory in accordance with the following requirements: under normal circumstances, food acquisition, processing, wholesale sales of enterprises to maintain not less than 7 days the normal amount of food stocks for the last year, wholesale sales of individual industrial and commercial households keep no less than 3 days the normal amount of food stocks for the last year. Engaged in grain purchasing, processing, wholesale sales of food business operators in food should be a glut on the market, prices more when food stocks are not below the minimum stock obligation in the food market, prices have risen fairly long implementation of food inventory is not higher than the maximum stock obligations. Minimum inventory standards as set forth in the preceding paragraph under normal circumstances the necessary inventory of 50%, the highest inventory standards as set forth in the preceding paragraph under normal circumstances the necessary inventory twice times the amount.

For the import of food processing enterprises in procurement of raw materials, raw material inventory quantity that can withstand the highest inventories of qualified.

    Food minimum and maximum inventory quantity of concrete implementation by food administrative departments of the province, according to the market situation, approved by the provincial people's Government to the public.

    22nd people's Governments above the county level shall encourage the development of food production; supporting food business operators and farmers to establish benefit-sharing, risk-sharing instruments of cooperation and stable food source.

    23rd people's Governments above the county level shall take effective measures to encourage various types of food business subject to multiple forms of marketing relationship with the main grain-producing area and establish a stable supporting enterprise main grain-producing area to the area of food production and processing lines, establishing sales window; food enterprises in the region should be encouraged to establish outside the province grain production base, the acquisition of bases and processing base. 24th above county level people's Government shall assist in the administrative area of the construction of grain logistics infrastructure such as wholesale food market, free flow of food.

Food logistics infrastructure layout shall conform to the provisions of the Zhejiang Province grain logistics development planning.

    The people's Governments above the county level shall give appropriate subsidies to key grain logistics infrastructure, specific measures by the competent departments for financial food administrative departments of the province.

    The fourth chapter, supervision and inspection

The 25th food administrative authorities in accordance with the regulations on grain circulation management article 35th of the provisions on food management supervises the following checks:

(A) whether the grain purchase with the grain purchase qualifications, in its grain purchasing activities engaged in by the implementation of national laws, rules and regulations;

(B) food operators use food storage facilities, equipment, compliance with the relevant national standards and technical specifications;

(C) operators of food in grain purchasing and storage activities, in accordance with the provisions of the national food quality standards and the national technical standards and specifications relating to grain storage, transportation;

(D) whether food operators establish and implement a quality inspection system for food marketing;

(E) food operators are implementing national and provincial provisions relating to aged grain sales process;

(F) whether food operators establish the cereal business account whether implementation of the system of grain circulation statistics;

(G) food business operators whether implementation of the relevant provisions of the food emergency;

    (H) the laws, regulations and rules required to conduct supervision and inspection of other matters.

26th business, health, family planning, pricing, quality and technical supervision and other administrative authorities in accordance with the regulations on grain circulation management and the provisions of the relevant laws, rules, regulations, supervision and inspection of grain circulation activities in accordance with their respective responsibilities.

    Food, quality supervision, industry and commerce, health and family planning, price and other relevant administrative departments should regularly exchange on food circulation supervision and inspection of the situation.

27th food circulation supervision and inspection should be carried out in accordance with the following procedure:

(A) determine the supervision and inspection of the object, content and programme of work;

(B) the Organization and implementation supervision and inspection;

(C) the supervision and inspection reports, should include: object name under investigation, examination date, examination of causes and projects, finding problems, comments, etc; (Iv) for violations of grain circulation law and regulations, regulation of food business operators put forward opinions, suggestions or administrative punishment decision.

Are required by law to transfer, in accordance with the relevant department or judicial organs to deal with the transfer of functions;

(E) supervision and inspection findings, comments or suggestions informed the examiner requires administrative penalties in accordance with the People's Republic of China on administrative punishment law and related laws, rules and regulations shall be punished;

    (F) supervision and inspection reports, and information archiving.

28th in supervision and inspection, the inspectors shall produce their administrative documents issued by the provincial people's Government; to not show administrative law enforcement documents, inspectors have the right to refuse.

Department of food administration and related departments conducting supervision and inspection, shall be without prejudice to food business operators in normal production and business activities. Checks on food circulation supervision and inspection personnel perform their duties according to law, should be fit.

    No unit or individual may refuse or obstruct or interfere with food circulation supervision and inspection personnel to perform their duties of supervision and inspection.

    The fifth chapter legal liability

    29th acts in violation of these rules, the grain circulation management of legal liability provisions of the Bill, from its provisions.

    Article 30th grain purchases were not implemented national standards for food quality, the Department of Food Administration ordered corrective action and warning refuses, fined not more than 5000 Yuan and 100,000 yuan in serious cases, fines of between 100,000 yuan and 200,000 yuan, and suspend or cancel the grain purchase qualifications.

31st grain be sold grain by grain for sale reports are not timely paid, the case, the Department of Food Administration ordered corrective action and warning • fine and in accordance with the following provisions:

(A) arrears of more than 1 month 2 months of age, may be fined not more than 5000 Yuan and 50,000 yuan;

(B) due 2 months up to 3 months of age, and may be fined not more than 50,000 yuan and 100,000 yuan;

(C) arrears of 3 months or more, may be fined not more than 100,000 yuan and 200,000 yuan.

    These circumstances are serious, engaged in grain purchase operators to suspend or cancel its grain purchase qualifications.

32nd engaged in grain purchase, sale, storage and processing of food business operators, as well as feed grain, industrial food processing companies have one of the following acts, the Department of Food Administration be punished in accordance with the following provisions:

(A) food business account has not been established, correction, be warned; refuses, 3000 Yuan and 50,000 yuan fine.

(B) is not in accordance with the provisions of the regulations on grain circulation management article 23rd submit grain purchase, sale, storage and other basic data and information, correction, be warned; it refuses to imprisonment of less than 2000 Yuan and 30,000 yuan fines; among them, making false statements on or concealing, refusing to report, more than 5000 Yuan to 70,000 yuan fine.

    These circumstances are serious, engaged in grain purchase operators to suspend or cancel its grain purchase qualifications.

33rd article violates provisions of the first paragraph of the article 21st, the Department of Food Administration ordered corrective action and given a warning.

    Violation of the provisions of the second paragraph of this article 21st, in accordance with the provisions of the regulations on grain circulation management article 46th penalty.

Article 34th food Administrative Department and other relevant departments at or above the county level in food circulation supervision, any of the following circumstances, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) meet the conditions as provided herein, is not in accordance with the procedures and time limits for licensing decisions;

(B) does not meet the conditions laid down in this way, be permitted;

(C) in violation of regulations, the management and use of grain risk funds, food safety regulation and other special funds of funds;

(D) found that failing to be investigated and prosecuted for offences;

(E) the illegal imposition of administrative penalty and supervision and inspection;

    (Vi) other acts of dereliction of duty, abuse of authority or engages in.

    The sixth chapter supplementary articles

    35th soybeans, oilseeds and edible oils by purchase, sale, storage, transport, processing, import and export operations, these measures shall apply in addition to the seventh, eighth and Nineth of other provisions. 36th these measures shall come into force on August 1, 2008. August 25, 2004, issued by the people's Government of Zhejiang Province, Zhejiang Province, grain circulation management of the implementing rules of the regulations be repealed simultaneously.