Administrative Measures On Food Distribution In Fujian Province

Original Language Title: 福建省粮食流通管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201308/20130800390312.shtml

Administrative measures on food distribution in Fujian province

    (June 7, 2013 5th Standing Committee of Fujian Provincial review by people's Government of Fujian province, on June 10, 2013 123th number released since August 1, 2013) Chapter I General provisions

    First to protect grain producers ' enthusiasm, for food production, and regulate the order of grain circulation, ensure food supply, food security, maintain social stability, according to the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in within the administrative area of the province engaged in grain purchase, sale, storage, transport, processing and other business activities, and related supervisory activities shall abide by these measures.

    Third people's Governments above the county level shall strengthen leadership on grain circulation management, food Chief Executive in charge of the implementation.

    Food Administration Department of the people's Governments above the county level responsible for the administration of grain circulation management and guidance to manage local grain reserves, the implementation of food monitoring and early-warning and emergency response, food security, maintain market order.

    The people's Government above the county level development and reform, finance, agriculture, industry and commerce, statistics, prices, quality and technical supervision, health administrative departments in their respective areas of responsibility within the work connected with the grain circulation system.

    The fourth people's Governments above the county level should make it clear the Food Administration or departments in charge of administrative law enforcement, supervision and inspections, surveys and agencies, staffing, and will incorporate the budget to fund their work.

    Fifth food industry organizations should strengthen self-discipline and service, maintaining the order of grain circulation.

    Chapter II food business

    Sixth operators engaged in grain purchase activities, subject to the following conditions, the Food Administration Department of the people's Governments above the county level qualification achieved grain purchase license and register with the Administrative Department for industry and Commerce:

    (A) corporate units of its own capital of 500,000 yuan, other economic organization has more than 300,000 yuan, individually owned more than 30,000 yuan;

    (B) of Corporation units silo with capacity of 300 tons or more, silo capacity of more than 150 tons of other economic organizations, individual bunker capacity of 30 tons; (C) with grain size suitable for food inspectors and inspection equipment.

    Does not have the conditions, shall entrust the food quality inspection institutions to conduct tests;

    (D) enterprises and other economic organizations shall have full-time food employees, self-employed shall be staffed with full-time or part-time food keeper. Article seventh grain purchase licence is valid for 3 years.

    Need to continue after the expiry, it shall apply to the issuing authority for processing.

    No unit and individual shall forge, alter, resell, transfer, lease, lend grain purchasing licenses.

    Article eighth operators engaged in grain purchasing activities shall comply with the following provisions:

    (A) the grain purchase explicitly in the grain purchasing sites permit and business license, or a copy thereof;

    (B) to sell food grain purchase voucher issued, of purchasing grain by grain purchasing documents shall specify the variety, level, price, quantity, and amount;

    (C) informed the food for sale or place public acquisition of food varieties, quality standards, and the purchase price;

    (D) the implementation of national standards for food quality, price, and shall not damage the interests of grain producers;

    (E) use of official measurement Inspection Agency inspection of measuring instruments;

    (Vi) food sales to selling grain to pay in a timely manner;

    (VII) reports related to food acquisition number according to law.

    Nineth operators engaged in grain storage activities, shall comply with the following provisions:

    (A) storage facilities in line with food storage-related standards and technical regulations and fire safety requirements;

    (B) food and food contamination could occur may not be mixed deposit of harmful substances;

    (C) the State shall be used to prohibit the use of chemicals or excessive use of chemicals;

    (D) different annual grain harvest may not be mixed;

    (E) the mildew and pests than standard food should be kept separate, and sold or destroyed in accordance with the relevant provisions;

    (F) in accordance with State regulations required to store food chemical safety is kept and used.

    Food sales activities of the operators of the tenth, shall comply with the following provisions:

    (A) sales of food quality and health standards;

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

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

    (D) sales-and insect-and rodent-proof modification, pollution prevention knowledge of food hygiene and the general ability of the senses to identify food quality;

    (E) the sales of the finished food packaging and labeling in line with national standards for food packaging, labelling and related provisions;

    (F) price tag.

    11th operators engaged in food-grain processing activities shall comply with the following provisions:

    (A) have the necessary processing ensure that food quality and hygienic conditions;

    (B) not use grains or by-products that do not meet the quality and hygiene standards for processing;

    (C) shall not violate the use of additives;

    (D) shall not use packaging materials that do not meet the quality and hygiene standards;

    (E) the label on the packaging in accordance with State regulations, and shall set forth the food variety, grade, factory plant site, date and contact details etc;

    (Vi) product quality by inspection or commissioning inspection in line with relevant regulations of the State itself.

    12th all operators of food grain, animal feed, industrial enterprises, food business account should be established, and shall be submitted to the relevant fundamental data and cereal business.

    Operators of food keep food business accounts for not less than 3 years.

    13th food operators should be in accordance with the following requirements not less than the minimum stock obligation:

    (A) the minimum inventory standards for operators engaged in grain purchasing activities for the previous year's average monthly purchase amount of 30%;

    (B) the minimum inventory standards for operators engaged in food processing activities for the previous year's average monthly processing volume 30%;

    (C) the minimum inventory standards for operators engaged in grain wholesale activities for the previous year's average monthly sales volume of 30%, operators engaged in the wholesale finished food activities on minimum inventory standards for annual average monthly sales volume of 25%;

    (D) the minimum inventory standards for operators engaged in food retailing activities for the previous year's average monthly sales volume of 15%.

    14th food operators should be in accordance with the following requirements not higher than the maximum stock obligations:

    (A) operators engaged in grain purchasing activities maximum amount of stock standard for annual average amount purchased on 50%;

    (B) operators engaged in food processing activities, and highest standards for inventory of raw materials on the annual average monthly processing volume of 100%, finished on grain and maximum inventory standard for annual average monthly processing volume of 20%;

    (C) engaged in the grain wholesale activities of operators highest standards inventory for the last year's average monthly sales volume of 50%, engaged in food wholesale activities of operators highest standard inventory of finished products for the previous year's average monthly sales volume of 30%;

    (D) engaged in the retail sale of food operators maximum inventory standard for the previous year's average monthly sales volume of 30%.

    15th the 13th and the 14th article of food these measures minimum and maximum inventory quantity of specific implementation time by food administrative departments of the people's Government of the province according to the grain market situation, submitted to the provincial people's Government for approval to the public.

    16th food operators bear the Central and local reserves, temporary store, backlog of grain purchase policy-food business, not included in the approved scope of the lowest and the highest standards of inventory; import procurement of raw materials to food processing enterprises, on the premise of overall production at full capacity, maximum inventory quantity of the raw material inventory quantity does not qualify.

    Food operators while engaged in grain purchasing, processing, wholesale and retail of two or more operations, minimum inventory standards according to their high value, highest standards by its low value inventory.

    Operating time is less than 1 year of food business operators, calculated according to the amount of average monthly operating results have been standard. 17th system for food quality and safety tests.

    Food quality and safety traceability system of the people's Governments above the county level should be established.

    Grain purchasing and storing enterprises shall, in accordance with national food quality standards for the storage of food tested; food marketing library, should be carried out in accordance with the relevant provisions of the State quality inspection, quality inspection reports issued.

    Chapter III macro-control

    18th grading the people's Governments above the county level shall be responsible for the grain reserve system, districts and cities and counties (cities, districts) the size of grain reserves approved by the provincial people's Government.

    Financial Department of the people's Governments above the county level shall, in accordance with the people's Governments at the corresponding level needed to determine the scale of grain reserves was responsible for grain costs and loan interest into grain risk fund and budget the same year range.

    Local grain reserves management practices by food administrative departments of the people's Government of the province, in conjunction with the departments concerned, submitted to the provincial people's Government for approval.

    19th policy of grain purchase and sales, grain rotation in the manner prescribed by the State in public.

    20th people's Governments above the county level shall establish a grain risk fund system and included in the financial budgets.

    Grain risk fund management approach formulated by the financial Department of the provincial government, in conjunction with sectors such as food, submitted to the provincial people's Government for approval.

    21st to guarantee market supply, protect the interests of grain producers and, if necessary, can be determined by the provincial people's Government on the minimum purchase price for rice.

    When the provincial government decided to implement the minimum purchasing price for rice, Food Administration Department of the people's Governments above the county level shall entrust with food grain purchase qualifications operators, in accordance with the minimum purchase prices for purchasing grain, the operators in accordance with the relevant provisions of the corresponding rights.

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

    22nd food emergency response system of the people's Governments above the county level should be established, food emergency plan and report to the people's Governments at a higher level for the record.

    When the abnormal fluctuations of supply and demand in the food market, the people's Government above the county level shall, in accordance with the relevant provisions of start a food emergency.

    23rd food emergency plan started, relevant departments of the people's Governments above the county level shall perform their duties in accordance with the requirements, food operators should be required to assume the food emergency tasks.

    Start a food emergency-related costs, the people's Governments above the county level in accordance with regulations to protect it.

    24th people's Governments above the county level shall be in accordance with the planning requirements, increase investment in grain distribution infrastructure, encouraging investment and construction of social forces food distribution infrastructure, in terms of finance, land use and other policies to support and implement relevant State policies.

    25th people's Governments above the county level should be based on the need to establish a certain number of key food stores (including key supermarket) and the backbone of food processing enterprises, as a food safety emergency supply and processing network, in terms of finance, land use and other policies to support and implement relevant State policies.

    Backbone of backbone grain and grain processing enterprises and management practices, by food administrative departments of the people's Government of the province, in conjunction with the departments concerned, submitted to the provincial people's Government for approval.

    26th article County above Government should take effective measures, in funds, and with to, policy aspects support various food business subject to variety form and food main region established stable of sales collaboration relationship; support food main region enterprise to this area construction food processing, and warehouse facilities, established sales window; support this area food business enterprise to region established food production base, and processing base and acquisition base, and implementation national about tax offers policy.

    Specific support measures, enacted by the people's Governments above the county level.

    The fourth chapter, supervision and inspection

    27th food administrative departments of the people's Governments above the county level shall conduct supervision and inspection on the following matters:

    (A) the grain purchase, storage, transport activities;

    (B) the policy of grain purchase, storage, transportation and sales activities;

    (C) implementation of the national statistical system of grain circulation;

    (Iv) grain purchase, storage, transportation, storage and the quality and safety of cereal sales.

    28th people's Governments above the county level development and reform, finance, agriculture, industry and commerce, statistics, prices, quality and technical supervision, the administrative departments for public health shall supervise and inspect according to their respective duties on grain circulation.

    Food Administration of the people's Governments above the county level and other relevant food circulation supervision and inspection departments shall establish coordination mechanisms, Exchange regularly informed of food circulation supervision and inspection of the situation.

    29th food circulation supervision and inspection personnel in carrying out their duties of supervision and inspection, and shall not impede the normal business activities of the inspected object.

    Object under inspection of food circulation supervision and inspection personnel to perform their duties, shall cooperate and shall not refuse or obstruct or interfere.

    The fifth chapter legal liability

    Article 30th acts in violation of these rules and relevant laws and regulations are provided, from its provisions.

    31st article violates these rules, any of the following acts, the Food Administration Department of the people's Governments above the county level shall order correction within; fails to correct, punishable by fines of less than 500 Yuan more than 5000 Yuan:

    (A) is not explicitly in the grain purchasing sites grain purchase licence;

    (B) forge, alter, sell, transfer, lease, lend grain purchase licence;

    (C) not to sell food grain purchase issued by certificate or a statement of purchasing grain by grain purchase voucher does not specify varieties, rating, price, quantity, amount;

    (D) the different harvesting annual crops mixed.

    32nd breach of these rules, any of the following acts, the food administration departments at or above the county level shall order correction within; it fails to mend, fines of less than 20,000 yuan and 200,000 Yuan:

    (A) is not in accordance with the relevant provisions of separate storage, sale or destruction of mildew, pests exceed the standards of food;

    (B) is not in accordance with State regulations kept or required to use the stored food chemicals.

    33rd grain circulation management authorities and their staff of any of the following acts, the directly responsible person in charge and other direct liable persons shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) without a permit issued in accordance with the statutory requirements or procedures for grain purchase;

    (B) unlawful interference with food operator's normal business activities;

    (C) management of the contravention or use the grain risk fund;

    (D) illegal imposition of administrative penalty or supervision and inspection;

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

    34th people's Government above the county level and their departments do not follow the food emergency food required emergency duties, by its upper-level people's Governments or competent authorities directly responsible for the charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    35th food mentioned in these measures refers to rice, wheat, corn, grain, grains and their products.

    Food operators are engaged in grain purchase, sale, storage, transport, processing and other business activities of the legal person, other organization or individual.

    Article 36th soybeans, oilseeds and edible oils by purchase, sale, storage, transport, processing and other business activities, these measures shall apply to provisions except the sixth, seventh. 37th these measures shall come into force on August 1, 2013.