Administrative Measures For The Inner Mongolia Autonomous Region, Wine

Original Language Title: 内蒙古自治区酒类管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201308/20130800390338.shtml

Administrative measures for the Inner Mongolia autonomous region, wine

    (1th January 23, 2013, Inner Mongolia autonomous region people's Government Executive meeting considered on March 12, 2013, the people's Government of Inner Mongolia autonomous region to 195th, published since May 1, 2013) Chapter I General provisions

    First to strengthen the management of wine production and circulation, maintaining the wine market order, protect the legitimate rights and interests of manufacturers, operators and consumers, in accordance with the People's Republic of China product quality law, the People's Republic of China food safety law and the provisions of relevant State laws and regulations, combined with State practice, these measures are formulated.

    Second autonomous region within the administrative area of wine production, circulation and their supervisory activities, these measures shall apply. Article alcohol mentioned in these measures refers to 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 authorities of the State in the production of wine and health foods except for alcohol.

    Fourth flag the people's Governments above the county level shall strengthen wine production and circulation management's leadership, wine quality and safety traceability system established.

    Article fifth flag administration of quality and technical supervision departments above the county level people's Government shall be responsible for the supervision and administration of the administrative area of wine production; flag commercial administrative departments at and above the county level shall be responsible for the administrative supervision and administration of alcohol circulation; the flag administration for industry and Commerce above the county level people's Government responsible for the administration of alcohol circulation trade quality and safety supervision and administration.

    Food and drug administration, health, entry-exit inspection and quarantine departments in accordance with their respective responsibilities, alcohol supervision and administration in accordance with law.

    Chapter II administration of production

    Sixth engaged in alcohol production enterprise shall be made to the State administration of quality and technical supervision departments to apply for and obtain a liquor license.

    Apply for a liquor license, shall comply with the following conditions:

    (A) in line with national and regional industrial policy;

    (B) the quality of products meet the relevant national standards, industry standards and to protect human health and the safety of person and property requirements;

    (C) has a sound quality management system and the responsibility system;

    (D) the business license;

    (E) in accordance with the technical standards for the production and testing of professional and technical personnel;

    (Vi) ensuring product quality process and corresponding production equipment, metrology, inspection methods;

    (VII) other conditions stipulated by laws and administrative regulations.

    Article seventh autonomous regional administration of quality and technical supervision departments should review within 60 days from the day of acceptance of the application, meet the requirements, issued liquor license; does not meet the criteria shall not be approved, and shall inform the reason. Article eighth wine production enterprises should be prominent positions in wine packaging, indicating the manufacturer's name and address in Chinese, date of production, production permit and number, name of main components and content, and so on.

    Use liquor shall be indicated the term shelf life.

    Nineth wine production the following actions are forbidden:

    (A) forged, altered, used by liquor production license or beyond the scope of liquor production license production of alcohol;

    (B) the use of methanol, non-alcoholic drinks alcohol and other non-edible raw materials production;

    (C) impurities, shoddy or substandard products as qualified products;

    (D) counterfeiting, forgery or fraudulent use of others ' name, address, logo, packaging, decoration, forgery or fraudulent use of certification mark for quality marks;

    (V) the unauthorized use of others produced alcohol-specific name, packing and decoration with others or use the name of the wine production, packaging, decoration, resulting in confused and others in the production of alcohol;

    (F) the use of poisonous and hazardous containers hold, transport, storage, wine

    (VII) other behaviors prohibited by laws and regulations.

    Chapter management

    Article tenth administrators register of alcohol circulation system and the source system.

    11th alcohol managers should access issued by the administrative departments for industry and commerce business license and circulation within 60 days from the date of license, registration administration for industry and Commerce administrative Department for business registration at the same level.

    12th alcohol managers filing registration shall be made to the commercial administrative departments at and above the county level shall submit the following registration materials:

    (A) the liquor circulation registration form in duplicate;

    (B) be signed and sealed by the legal representative license, food distribution license and copy of ID card of the legal representative;

    (C) publicity other materials required by the commercial Administrative Department of the autonomous region.

    Engaged in sales of imported wine and wine operators, in addition to the above material, shall be submitted by the legal representative signature, import licenses, customs-stamped copies of tax returns.

    13th commercial administrative departments at and above the county level shall receive alcohol managers within the 5th days of submissions for registration procedures and alcohol circulation seal on the registration form.

    Article 14th flag commercial administrative departments at and above the county level shall record and save liquor operator record registration information and registration materials, establish the registration file.

    15th alcohol managers filing change of registered particulars shall be from the date of change in the 30th to flag people's Government above the county level administrative Department for business change.

    Flag commercial administrative departments at and above the county level shall receive alcohol managers 5th go through the procedures of alteration within the date of submission.

    16th alcohol circulation registration since alcohol managers in industry and commerce administration departments cancellation of registration or business license is revoked date of expiration.

    Flag commercial administrative departments at and above the county level shall periodically verify with the industrial and commercial administrative departments at wine class operator license cancellation or revocation and failure of timely notice of registration of alcohol circulation.

    Registration of alcohol circulation damage or loss, wine business operator shall apply to the Registration Department to reissue.

    17th alcohol managers should be posted in a conspicuous position in the business place alcohol circulation registration form.

    Liquor operators shall not defraud, forgery, alteration, buy, sell, lend, transfer of alcohol circulation registration form.

    18th in wholesale liquor dealers should fill out wine when the wine flows accompanying single, recording alcohol circulation of information, with the goods, cargo line.

    Alcohol circulation with the accompanying documents shall be in paper or electronic documents, shall not defraud, forgery, sale, lending or reuse.

    19th with accompanying documents should include the sale of alcohol circulation organization name, address, registration number, contact, name purchases, sale date, sale product name, size, origin, quantity, unit, production batch number, production date and other information, and with alcohol managers seal.

    20th wine operators when purchasing wine, should be obtained from the supplier's business license, food distribution licenses, production licenses and registration of alcohol circulation tables, wine distribution authorization, such as copies and stamped with the seal of the alcohol managers came with the liquor circulation.

    On imported alcoholic products should also request issued by the entry-exit inspection and Quarantine Bureau of import food hygiene certificate, import food labeling verification certificate.

    When consumers buy wine, right of access came with the liquor circulation.

    21st alcohol business bribe pin account operators shall establish alcohol and kept for three years.

    22nd alcohol managers should operate in fixed sales outlets labeling bulk liquor, prohibition of mobile sales.

    Bulk liquor containing containers, paste should meet the criteria of national alcoholic beverage label identifies and indicates the product name, production date, shelf life, production operators, such as name and contact details.

    Liquor in bulk packaging in accordance with food safety and hygiene management of premises, the containers used to transport mushrooms should be airtight, wine sealed by the supply side, the wine outlet one-way control.

    Article 23rd sell wine directly to consumers and provide on-site services, food and beverage units, bars, karaoke bars, night clubs and other places, famous wines, imported wines should be established the recovery and disposal of waste packaging materials management systems and recovery and disposal account.

    Article 24th alcohol managers in the transport of wine, alcohol circulation should be provided with the accompanying documents, copies, product quality inspection qualified certificate.

    Logistics and transport service enterprise or individual shall examine the wines provide the alcohol circulation accompanying single copy, product quality inspection qualified certificate, must not be a single that came with no liquor circulation liquor operators providing logistics and distribution, transportation services. 25th when storing and transporting wine liquor dealers shall comply with food hygiene management, fire safety and transportation requirements.

    Wine should stay away from high pollution, radioactive substances may not be mixed with items such as toxic, harmful, corrosive.

    Article 26th wine operators shall not sell wine to minors, and shall be expressed in prominent positions in the business place.

    27th alcohol circulation to prohibit the following acts:

    (A) the sale and use of alcohol and non-alcohol and other harmful substances to human health against the liquor;

    (B), forged, tampered with manufacturer's name and address, date of production of alcohol;

    (C) the sale of liquor violations of trademark rights and other intellectual property rights;

    (D) distribution of impurities, a defective alcohol and illegal importation of alcohol;

    (E) selling expired, spoiled wine;

    (Vi) sales do not affix labels of imported wine;

    (VII) other behaviors prohibited by laws and regulations.

    Supervision and administration of the fourth chapter

    28th people's Government above the county level and their related departments shall not limit or impede the lawful flow of alcoholic products in the administrative area.
Article 29th flag administration for industry and Commerce above the county level people's Government, business administration and other competent authorities should strengthen supervision and inspection of liquor market, to investigate and punish violations of alcohol circulation.

    30th banner people's Government above the county level in Business Administration Department and other relevant authorities in accordance with law, alcoholic beverage market supervision and inspection, shall be not less than two persons, and they shall show their administrative documents issued by the autonomous regional people's Government.

    Relevant units and individuals shall give support and cooperation, and may not refuse or impede.

    31st people's Government above the county level in business administration and other relevant administrative departments when conducting supervision and inspection, you can take the following measures:

    (A) to engage in the illegal production and sale of liquor establishments to conduct inspections;

    (B) the search record registration material, liquor circulation liquor circulation accompanying single, purchase and sale of liquor business account usage;

    (C) the inspection, copying or recording oversight matters and alcohol-related material;

    (D) when necessary, wines can be sampled and evidence collection, evidence may be destroyed or lost or difficult to obtain later, approved by the heads of law enforcement agencies, can proceed with the registration of preservation;

    (E) the required alcohol monitoring matters related to a description of the problem;

    (F) the laws, regulations and other measures.    Article 32nd flag quality and technical supervision administration, the people's Governments above the county level administration of industry and Commerce Department of alcoholic drinks, Business Administration Department shall establish supervision and reporting system, and to report to the public. No units or individuals for wine production, circulation or violations in the surveillance activities has the right to complain to the relevant administrative departments, reporting.

    Receiving complaints and reports of departments, it should be verified in a timely manner and dealt with according to law.

    The fifth chapter legal liability

    Article 33rd acts in violation of these rules, People's Republic of China product quality law of the People's Republic of China food safety law of the People's Republic of China consumer protection law and relevant laws and regulations of the State of specific penal provisions have been made, from its provisions.

    34th article violates this article 11th, 15th and 22nd article in the first paragraph, warning by the business administration department granting the people's Governments above the county level, a rectification; fails, fined 500 Yuan more than 2000 Yuan fine.

    35th disobey article 17th, 18th paragraph, by the people's Government above the county level in business administration fined 1000 Yuan more than 5000 fine constitutes a crime, criminal responsibility shall be investigated according to law.

    36th article in violation of the provisions of the first paragraph of article 18th, warning by the business administration department granting the people's Governments above the county level, a rectification; fails, fined 1000 Yuan more than 5000 Yuan fine.

    37th against the provisions of article 23rd, warning by the business administration department granting the people's Governments above the county level, a rectification; fails, fined a maximum of up to 5000 Yuan and 10,000 yuan.

    38th in violation of the provisions of article 24th, flags, jointly with relevant departments of commercial administration above county level given a warning and a fine of 1000 Yuan more than 5000 Yuan fine.

    39th article violation this approach 26th article provides of, wine class operators not in business places significantly location for Express, by flag County above government business administration sector with about sector give warning, ordered deadline corrected; late not corrected of, sentenced 100 Yuan above 500 Yuan following fine; wine class operators knows is minor people still to its sales wine class caused serious consequences of, sentenced 500 Yuan above 2000 Yuan following fine.

    40th flag above the county level in business administration and other relevant management supervision and inspection staff, one of the following circumstances shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) failing to perform their duties of supervision and management is not investigated or found violations committed, causing serious consequences;

    (B) prevent the normal production and business activities of the parties;

    (C) disclosure control knows State secrets, business secrets and personal privacy;

    (D) other acts of title of personal fraud, abuse of power, negligence.

    The sixth chapter supplementary articles 41st these measures shall come into force on May 1, 2013.