Administrative Measures For Zhuhai City Farmers ' Market

Original Language Title: 珠海市农贸市场管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387231.shtml

Administrative measures for Zhuhai city farmers ' market

    (January 6, 2013, Zhuhai city, the eighth executive session of the people's Government, the 15th through January 24, 2013 92nd Zhuhai city people's Government promulgated as of February 24, 2013) Chapter I General provisions

    First to strengthen farmers ' market supervision and management, regulate trade order, protect the legitimate rights and interests of operators and consumers, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Farmers ' market in these measures in article, refers to the fixed sites and facilities, a number of operators for admission, imposed on all kinds of agricultural products and food concentration, publicly traded places with public properties.

    Planning within the administrative area of the city farmers ' market article III construction, start-up operations and supervisory activities, these measures shall apply.

    Fourth of municipal and district people's Government (including the hengqin new district, the economic function of the CMC the CMC, the same below) should devise measures to promote market development, encourage and guide farmers ' markets towards normalization and standardization, perfect the function of farmers ' markets, improving farmers ' market the overall level of service.

    Fifth District people's Government according to the principle of territoriality, the management of farmers ' markets within their respective jurisdictions.

    Administration, municipal and district people's Government departments are responsible for the farmers ' market management, development of market planning, construction standards and upgrading basic standards to guide farmers ' market building and upgrading work, carry out annual assessment of farmers ' markets, and organize the implementation of these measures.

    Municipal and district administration for industry and commerce are responsible for the farmers market management main body of registration, transactions and other regulatory acts.

    Administrative law enforcement, agriculture, urban planning and construction management, public security, environmental protection, health, food and drug administration, price, quality and technical supervision administration, shall conduct supervision on farmers ' market management within their respective mandates.

    The town (Street) in accordance with the management principles of territoriality, the farmers ' markets within their respective jurisdictions to carry out day-to-day supervision according to law, identify problems and coordinate with relevant departments.

    Sixth of municipal and district people's Government shall establish a joint meeting of the farmers ' market management system, harmonization of the farmer's market on major issues in the planning, construction and management.

    Article seventh planning should include detailed control plan for farmers ' markets, formulated by the municipal administration, in conjunction with the departments concerned, publicize the implementation after approval.

    Article eighth city farmers ' market of the construction need to be removed are closely related to people's lives, according to a plan for rehabilitation or reconstruction.

    Nineth farmers ' markets trading activities should follow, the principles of voluntariness, fairness, honesty, and adherence to business ethics, the prohibition of acts of unfair competition and harm consumers ' interests.

    Farmers ' market management should follow the principle of openness, fairness and justice.

    Farmers ' market opened the tenth article, farmers ' market management company and admission to the farmers ' market operators ' trade association may be established by law.

    Industry associations industry self-regulation and coordination mechanisms should be established to promote industry integrity management.

    Chapter opening and operation

    11th citizens, enterprises, institutions and other organizations and foreign investors, may apply for the farmer's market.

    Farmers market open and farmers ' market management company shall apply to the industrial and commercial administrative departments of commercial registration, only after obtaining the business license for the farmers ' market stalls, shops leasing lease and opened.

    12th open farmers ' market should meet the following conditions:

    (A) the appropriate sites or facilities.

    (B) necessary conditions for transportation, health and environmental protection.

    (C) admission to trading commodities in line with relevant regulations of the State.

    (D) other conditions stipulated by laws and regulations.

    Article 13th farmer's market opening and market operation management system.

    Farmers ' market opened should be established or delegated has the legal personality of the farmer's market management company, the farmers ' market is service management.

    Article 14th farmers market commercial management company shall register or in the 30th after signing the contract to the commercial Administrative Department for record.

    15th are borne farmers ' market farmers ' market opened facilities construction, maintenance, operation, safeguarding health, food safety, fire safety and building safety management responsibility.

    16th farmer's market management company in accordance with the principles of public service, independently according to law, charge a fee for rental of venues, facilities and other related services, the right to refuse other than laws, regulations, administrative charges and various forms of assessment.

    17th farmers ' market management company shall be at the farmer's market office space flying business license, tax registration certificate and other business licenses, equipped with service managers, should wear a sign post. 18th farmers market management company shall establish and improve the system.

    At the farmers ' market entrance and other prominent positions promotional bar and public bar, published the farmer's market management company name, Division of management, market management system; the public operator license, illegal logging, the farmer's market food access management system, agricultural products inspection results, substandard product delisting of such trade-related matters.

    Farmers market set up within the management company shall be at the farmer's market complaints, consumer complaints, accepts consumer complaints and conciliation to assist related departments to deal with trade disputes.

    Article 19th farmers ' market opened and farmer's market management company shall, in accordance with the principles of openness, fairness, to huaxingguishi admission of market stalls set up and operate commodity, and consistent with national food safety control provisions scheduled venue operators.

    Retail-oriented farmers ' market, shall allocate not less than farmers ' markets business area of 5% of special areas for farmers to sell their home-grown agricultural products; government investment construction and renovation business area of not less than farmers ' market farmers ' market farmers produced from the region of 10%.

    Where live poultry were admission to and operation of the farmer's market fresh poultry should be a relatively independent as required business area, and set up disinfection and decontamination systems, equipped with the appropriate facilities and equipment; not centralized slaughtering area farmers ' markets, should also be special live-poultry slaughter room, behind closed doors slaughtering and processing.

    20th farmers ' market opening and market operation management company shall establish and improvement of agricultural and sideline products and admission and food traceability system, carry out agricultural and food safety responsibilities, problems are found shall promptly report to the relevant departments and to assist in identifying sources of products and producers.

    Article 21st farmers ' market opening and market operation management company shall perform the following duties:

    (A) the sign written contracts with operators of admission (except farmers sell their own agricultural products), site arrangements, "menqiansanbao", fees, field order, management norms, incoming inspection, cable card ticket, purchase and sale records, unqualified product delisting, fire and health Conventions.

    (B) to check the admission and operation of agricultural and sideline products, found the operators making and selling fake and shoddy goods, dominate, such as farmers ' markets operate disorder behavior shall be promptly reported to the relevant administrative departments and assist in the investigation.

    (C) the examination admission operators license, permits and other supporting documents are complete.

    (D) guiding and supervising the admission operators establish and implement a commodity raw materials purchase check, cable card ticket, purchase and sale records, unqualified product delisting, product and service quality guarantee system.

    (E) set to meet the requirements of fair balance and other measuring instruments and testing equipment, and admission is urging operators to use State legal measurement units and meet the requirements of the measuring instruments and testing equipment.

    (F) cooperate with the supervision of farmers ' markets and other related administrative departments for industry and commerce management.

    (VII) implementation of relevant service facilities requirements.

    (H) the annual review and comply with the farmers ' markets farmers markets statistical system.

    (IX) other duties stipulated by laws, rules and regulations.

    22nd farmers market opened and farmer's market management companies should carry out the admission of operators and environmental hygiene responsibility, according to the operating area is equipped with sufficient professional cleaning staff, and full-time environmental health supervisor.

    Article 23rd farmers ' market opened and farmer's market management companies shall set up inspection management system, organizations lead the work of the responsibility of cleaning work in the contract area, booth (storefront) clean paraphernalia neatly set, hang hang, no jumbled mess-free, free from water spills, scattered garbage, no assessed contributions (branch) operate outside.

    Article 24th farmers ' market opened and farmer's market management company shall clear admission operator safety management of responsibility, regularly check their operating environment and conditions, found a violation of the People's Republic of China Law on food safety, should be promptly stopped and immediately report industrial and commercial administrative departments or the food and Drug Administration to investigate and punish. 25th farmers market opened and farmer's market management company shall enter operators of unlicensed and sales of fake and shoddy goods, offered the site, storage, warehousing, transportation, and so on.

    Found operators of illegal acts should be promptly stopped and urged to correct; the urge not to change should be reported promptly to the relevant administrative departments.

    Article 26th farmers ' market opened and farmer's market management companies forbidden to expand their area of operation, any changes in user and terminate activities of farmers ' market farmers ' market; it should be according to the farmers ' market layout designs to set up stalls and banned random stalls set up here. 27th farmers ' market opening and market operation management of admission shall not be operator and consumer law set up fees.

    Need to adjust the location, facility rental or other service fees, should consult with operators of admission, 30th informed in advance and specified in the Protocol.

    Farmers market admission is offered to operators charge sites or facilities, rental or other service charge shall not exceed the price management Department under the guidelines.

    Chapter III admission of operators
28th entry operators shall enjoy the following rights:

    (A) to set up operations, change, business, business applications.

    (B) farmers ' market with farmers ' market opened in the name of the approved contract rights.

    (C) in accordance with the approved mode of operation independently according to law.

    (D) refuse to laws, regulations and provincial provisions and various forms of charges assessed.

    (E) other rights under laws and regulations.

    Article 29th among farmers sell their own agricultural products, and admission after the operator shall apply to the Administration for industry and commerce business license before they can engage in business activities.

    Article 30th admission operators should admission business written contracts with the farmers ' market management company, comply with the farmer's market and management and provisions of the Convention.

    31st admission operators should be hung at the obvious venue operators license, implement the license system, should also fly the appropriate license, not unified in the farmers ' market stall set up outside the designated undertakings.

    32nd admission operator shall not forge, alter, transfer, lease or loan the business license or permit, without changing the scope or mode of operation. Article 33rd admission the business operator shall establish and strictly enforce the purchasing of goods inspection system, into the sales accounting system to obtain quality certificates; production of buys and sells licensed products shall be obtained from the supplier the identification of effective production license, health permit documents.

    Except farmers at farmers ' markets sell their home-grown agricultural products.

    Article 34th entry operators shall comply with the national price regulations, engaged in commodities prices.

    Admission business operators shall put forward by the consumer repair, replacement, refund, make up the number of legitimate claims, and shall not be delayed or refused without good reason.

    35th entry access system operators should abide by and implement farmers ' market foods, carry out food safety responsibilities:

    (A) admission to the operators when dealing with suppliers for the first time, shall examine the qualification of legal documents, including business license, business license, health permit.

    Entry operators when buying food, by instalment should be obtained from the supplier of food quality certification: livestock animal quarantine certificates, the meat of the animal product quarantine inspection certificate, qualification certificate for livestock, meat and animal products, food products, dairy products, soy products, beverages, alcohol and so on should have a corresponding qualification certificate and purchase ticket; legal permits for other products.

    (B) should be purchased from approved slaughter meat and meat products, and stalls visible hanging, post qualification certificate for meat inspection.

    Livestock and meat traders shall daily disinfection of premises clean and run organizations monthly under empty poultry at farmers ' markets closed for disinfection system; operators of live poultry business should implement basic safety precautions, wear masks gloves and other protective products, sales and slaughter shall be respectively by the person in charge.

    (C) engaged in direct import of food and cooked food products, must have dust-proof and flies, rat-proofing facilities and cold storage, disinfection devices stall should be set in advance and sold between raw and cooked foods should be stored separately, employees shall hold a health certificate.

    36th admission operators banned the sale of the following goods:

    (A) counterfeit registered trademarks, using a false certificate of origin, impersonating another business name or code of the goods; forged or fraudulent use of premium goods, product certification, license logo merchandise.

    (B) quarantine, inspection and quarantine, inspection and quarantine, inspection of substandard agricultural and sideline products, and agricultural and sideline products should be identified and not identified according to law.

    (C) death, poisoning or an unidentified livestock and poultry and its products, toxic, hazardous, and food that does not meet hygiene standards.

    (D) the use does not comply with the relevant national mandatory technical specifications preservatives, food preservatives, additives.

    (E) laws and regulations prohibit the sale of other goods.

    37th admission operators shall not be any of the following acts:

    (A) the use is not certified or not certified measuring instruments and sabotage the accuracy of measuring instruments or falsified data.

    (B) sold by false advertising and fraudulent products.

    (C) mixed commercial and residential or mixed human and animal living, build live dissection or use flammable materials to build other sandwich.

    (D) forced to buy or forced to sell, pianmaipianmai, dominate.

    (E) the monopoly of supply, price or collusion in bidding up the prices of farm and sideline products.

    (Vi) doping, adulterate, taking impurities, shoddy.

    (VII) other behaviors prohibited by laws and regulations.

    The fourth chapter construction management

    38th article of the planning before the implementation of the measures is not clear but farmers market-use market, farmer's market planning specifically for farmers ' markets, into the farmers ' market management.

    Through the transfer of property right of State-owned assets management departments authorized to sign the contract farmers market property has been made, shall, in accordance with the contract, shall not be intended to change farmers ' markets; changes, should be resumed within who refuses to restore, in accordance with these measures investigated.

    39th of municipal and district people's Government in the new and the old town while farmers ' market should be as public facilities planning by the Government through open tender by eligible winners invest or distribution construction system.

    Distribution system planning and construction management organization, to develop specific measures for implementation by.

    40th new construction, reconstruction and expansion of farmers ' markets, shall conform to the farmer's market planning, controlling detailed planning, upgrading farmers ' market standards and related infrastructure requirements. These measures prior to the introduction of the farmers ' market should be established in accordance with the basic standards upgrading farmers ' market transformation and improvement.

    City and district governments and relevant departments should take steps to support.

    41st new construction, rebuilding and expanding farmers ' market, should have parking lots, public health facilities, and other projects under construction, and synchronize with the main project design, construction, sync acceptance and delivery use. 42nd farmers market opened management company uses without changing farmers ' markets and farmers ' markets, prohibition of the split transfer.

    Unauthorized transfer of farmers ' market change of use or split, land and resources administrative departments and real estate registration agency shall not handle registration.

    Article 43rd suspension or termination of operation of farmer's market management company, farmers ' market opened should redefine farmers ' market management company, within 60 days, you cannot be sure, farmers market district people's Government may appoint in accordance with the provisions of the location of the temporary management of farmer's market management company, until the redefinition of market management company so far, the resulting management costs borne by the farmers ' market opened.

    44th farmers market consolidation, migration, separation, dissolved, closed or change important markets opened and farmer's market management company shall notify the admission operators in accordance with the terms stipulated in the contract, no agreement, shall notify the admission operators before 60 days, and announced to the public, and the cancellation of registration or registration under the law.

    Article 45th Business Administration Department should be the lead organization for the farmers ' market annual review, annual appraisal standards, assessment results should be communicated to the relevant administrative departments, related administrative departments shall, in accordance with the results of the annual appraisal, law enforcement regulatory activities.

    Farmer's market assessment standard for two consecutive years, after the commercial administrative department shall be submitted to the people's Government at the same level, as the tone of the farmers ' markets supervision units, and announced to the community, subject to public supervision.

    Supervision and administration of the fifth chapter

    46th commercial administrative department is responsible for organizing the development and implementation of market development plan, development of farmers ' market management industry standards, promote the construction of industry organizations, industry exchanges and guiding industry self-regulation.

    47th industrial and commercial administrative departments shall imposed on farmers ' markets and commercial registration, issuing business licenses to qualified operators, monitor management on its business and trading practices, investigate and punish violations in trading activities, maintaining farmers ' markets trade order.

    48th agricultural administrative departments responsible for supervision of the farmers ' market sales of agricultural and sideline products, pesticide residues in vegetables, fruit, and so on.

    Animal epidemic prevention supervision institutions responsible for supervision and administration of the livestock product quality and safety, urging farmers ' market started inspection of livestock quarantine certificates and for regular cleaning and disinfection.

    49th marine fishery administrative departments responsible for supervision of the farmers ' market sales of aquatic products, tested for drug residues in aquatic products.

    50th public security is responsible for security management of farmers ' market, to investigate and punish dominate, and buy sell, prevents such illegal and criminal acts of resisting law enforcement, and urged implementation of security measures farmers ' market opened.

    51st public security Fire Department is responsible for market supervision and inspection of the fire, according to the national fire protection technical specification for audit, inspection, and fire safety checks before opening, did not fire an administrative license according to law without open farmers ' market in the investigation.

    52nd Administrative Department is responsible for the planning and construction of farmer's market planning and management of construction project quality supervision, auditing and acceptance in accordance with the regulations for the record, according to law on the construction project completion acceptance without filing any unauthorized opening of the farmers ' market in the investigation.

    53rd city appearance and environmental sanitation administration responsible for day-to-day supervision of the market city appearance and environmental sanitation administration.

    Administrative law enforcement departments are responsible for the management of the city farmers ' market outside the red line hawking, post, non-motor vehicle regulatory acts.
54th health Administrative Department is responsible for food hygiene supervision management of the consumption of farmers ' markets, food hygiene management in accordance with the relevant laws, regulations and norms for review and acceptance, investigate and punish violations of food hygiene.

    55th quality technology supervision and management is responsible for operating activity of the farmers ' market of measuring instruments monitor management and measurement practices, investigate and punish violations of measurement.

    56th price Administrative Department is responsible for the admission to the farmers ' market sales prices carry out supervision and inspection, and shall investigate and deal with illegal pricing.

    57th town (Street) is responsible for the overall coordination of relevant departments to strengthen the day-to-day supervision and management of area farmers ' markets, created civilization of farmers ' markets, food safety, animal epidemic prevention, fire safety, building safety and disease prevention and control, inspection and examination of the work evaluation.

    Article 58th of the relevant administrative departments should regularly publish the relevant regulatory and inspection results and urged farmers ' market opened in accordance with their respective responsibilities and farmer's market management company to implement the provisions of these measures.

    The sixth chapter legal liability

    59th farmers market opened or farmer's market management company without a business registration and unauthorized operating farmers ' market, or submitted false materials or other fraudulent means to hide important facts obtained commercial registration from the Administration for industry and commerce shall punish.

    60th in violation of provisions of the 18th and 21st, the second to sixth, the industrial and commercial administrative authority shall order correction within, and a fine of between 5,000 yuan and 20,000 yuan; violation of the provisions of the article 21st the third to fourth, fined 5,000 yuan and 10,000 yuan fine.

    61st violates the rules set forth in 22nd and 23rd, rectification by the city administration departments, and a fine of between 3,000 yuan and 30,000 yuan.

    62nd article violates article 25th, or the farmers ' market opened farmers market management company knew or should have known that admission to the operators of unlicensed and selling fake and inferior commodities and to provide places or conditions such as transportation, storage, warehousing, industrial and commercial administrative departments shall be legally punished.

    63rd violates article 19th, 26th, 38th and 42nd article II, the Administrative Department for industry and commerce shall order correction within, and to a fine of less than 1000 Yuan and 10,000 yuan.

    64th in violation of the provisions of section 31st to 33rd, the industrial and commercial administrative authority shall order correction within, and a fine of 500 Yuan; it fails, and fined 1000 Yuan fine. 65th violates the rules set forth in 36th, 37th, in accordance with the provisions of relevant laws and regulations be punished.

    Laws and regulations do not provide, and industrial and commercial administrative departments to give warning, to order the rectification, confiscate the illegal income and illegal gains more than 1 time fined not more than five times; no illegal proceeds, and concurrently impose a fine of less than 1000 Yuan and 10,000 yuan.

    66th article violates provisions of 27th and 44th, farmers ' market opening and market operation management company does not inform the admission operators or announced to the public, industrial and commercial administrative departments shall impose fines of less than 5,000 yuan and 10,000 yuan.

    67th of the farmers ' market in the next quarter for three consecutive time that pass the inspection of pig products, depending on their seriousness, offered by the Administration for industry and commerce on the farmers ' market and farmer's market management companies fined 5,000 yuan and 20,000 yuan fine.

    68th disobey other relevant provisions, by the quality and technical supervision, industry and commerce, public security, pricing, tax, health, food and Drug Administration to investigate and punish.

    The seventh chapter by-laws

    69th farmers market opened in these measures, refers to natural persons, legal persons and other organizations engaged in farmers ' market investment.

    Farmers ' market management companies mentioned in these measures refers to farmers ' markets offer or Commission established by law, exercise the farmers market business service management functions, undertake corresponding obligations legally registered to set up enterprises or other economic organizations with legal personality.

    Admission of operators in these measures refers to engaging in business activities at a farmers ' market businesses, other organizations and individual businesses. 70th article this way since February 24, 2013.