Suzhou Local Grain Reserves Of Oil Management

Original Language Title: 苏州市地方储备粮油管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379297.shtml

Suzhou local grain reserves of oil management

    (September 26, 2012 Suzhou municipal people's Government Executive Board meeting of the 5th through September 29, 2012 127th Suzhou people's Government promulgated as of November 1, 2012) Chapter I General provisions

    First in order to strengthen the management of local grain reserves of oil, effective regulation of local grain reserves of oil, grain and oil market stability, protect the city, ensuring grain security, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.

Article or participation in local grain reserves oil management and supervision of the units and individuals shall abide by these measures.

Local grain reserves of oil in these measures refers to municipal and county-level cities (districts) shall reserve for regulating grain supply and demand within the administrative area of the city, stabilizing the grain market, and respond to major natural disasters or other emergency situations, such as grain and edible oil.

    Local species include rice, wheat grain oil and its finished products grain and edible oils.

Article III imposed local grain reserves of oil reserve system at the municipal and county levels, according to the classification of reserves, classification management and classification principle of responsibility for management.

    Local grain reserves the ownership of the oil belongs to the people's Governments at the corresponding level.

    Fourth regional management of reserve oil should be in accordance with the storage, tube well, adjust it, use requirements, establish a strict management system, ensuring that local grain reserve number real, good quality oil, storage, security, and cost savings and costs.

Fifth of municipal and county-level cities (district) people's Government shall be responsible for the level of local grain reserves of oil to implement local grain reserve oil plans, local grain reserves of oil needed to manage funds, personnel, equipment and storage facilities, the use of local grain reserves of oil, security of supply and stabilize the market.

No local grain reserve district people's Government oil reserve tasks (Management Committee) should be requested by the municipal people's Government, fulfilling respective responsibilities of local reserves of oil management.

    Municipal people's Governments shall strengthen the county-level city (district) people's Government leadership and oversight of local reserves of oil. Sixth of municipal and county-level cities (districts) Food Administration Department is responsible for the level of local administration of the reserves of oil to local grain reserves of oil quantity, quality and safety supervision and inspection storage.

City and county-level cities (districts) Food Administration Department of the State-owned grain marketing company responsible for the level of local grain reserves of oil operations and day-to-day management.

Grain departments for the administration of county-level grain reserves of oil management guidance and supervision.

Financial sector responsible for local grain reserves of oil needed to manage financial subsidies, and local grain reserves of oil on the implementation of financial supervision and inspection.

    Development and reform, prices, agriculture, industry and commerce, quality supervision and transportation departments according to their respective responsibilities to local grain reserves such as oil-related work.

    Seventh Agricultural Development Bank responsible for local grain reserves of oil needed credit and credit supervision and management.

    Article eighth store local grain reserves of the enterprise (hereinafter referred to as enterprise storage) should be implemented at national, provincial and municipal local oil-reserves management and the business management system, and local grain reserves of oil quantity, quality and storage safety.

Nineth acquisition, storage and rotation, the use of local grain reserves of oil, should be carried out in accordance with the quality and quality testing.

    Local grain reserves of oil quality and quality testing, by a qualified grain quality inspection institution.

Tenth food administration shall establish a regional information management system for reserves of oil, timely, accurate and comprehensive grasp of local grain reserves of oil changes.

    Encourages reserve grain storage enterprises to actively use new technologies, new processes, new equipment, and raise the level of scientific grain storage. 11th no units and individuals find local grain reserves management of oil when there is an offence, is entitled to report to the Food Administration and other relevant government departments.

    Food Administration and other departments concerned upon receipt of the report, should be promptly investigated and dealt with.

    12th at the local grain reserves of oil have made outstanding achievements in the management of units and individuals, the municipal and county-level cities (areas) recognize and reward people's Government or the relevant Department.

    Chapter II plan and acquisition

13th regional grain oil scale, structure and general layout plan, the municipal grain administration according to national and provincial regulations, economic and social development, and, in conjunction with the actual formulation, submitted to the municipal people's Government for approval.

Local oil-reserve scale should be based on local economic and social development establish a dynamic adjustment mechanism.

    Approved by the people's Governments at the corresponding level, outside the local grain reserve oil plans to set up a temporary reserve grain and Government controlling working capital stock of grain and oil. Article 14th County (area) issued by the people's Government municipal area, where real full grain oil plan in place.

    City and county-level cities (districts) Food Administration grain oil should be the implementation of the plan to submit superior food administration, with a copy to the financial sector and the agricultural development Bank for the record.

15th regional grain oil commissioned by the Administrative Department of food storage acquisition or procurement, or the Food Administration Organization for enterprise storage open bidding.

    Delegate to local food producers to buy, should give priority to food purchase price benefits policies; commissioned outside to acquire or purchase, should give priority to the acquisition or construction cost subsidized food purchase food production base. 16th regional grain oil consignment purchase or price the Food Administration Department purchasing of storage according to market conditions and determining reasonable costs, and reported to the Ministry of finance, the agricultural development bank records.

    Financial sector delegate acquisition price or purchasing of storage can be verified.

17th fed local grain reserves should be the year of enterprise storage (food) production of new food, and meet the quality standards national and Jiangsu Province.

Due to natural disasters and other factors, the need to adjust the grain grade standards or acquired shall sow that year by the municipal grain administration according to the actual situation of adjustment programmes, approved by the municipal executive.

    Finished goods reserves of grain and oil should meet the State quality standards.

    Chapter store

18th Food Administration Department should be to local grain reserves of oil storage layout, ensure the safety of local grain scheduling convenience, storage of oil. Local grain reserve oil should be stored in the administrative area of the city.

    Absolutely necessary to store grain production base outside the city, should be approved by the people's Governments at the corresponding level.

Article 19th storage Enterprise shall satisfy the following conditions:

(A) the storage conditions comply with the national and provincial standards and technical specifications;

(B) have the grain storage function, cartridge type, incoming and outgoing, grain varieties, adapted to the storage period of storage capacity, and facilities and equipment;

(C) is compatible with the national grain reserves of oil quality testing instruments, places and conditions of quality inspection, detection of grain during oil storage depot of temperature, moisture and density conditions;

(D) have appropriate vocational skills and obtain the relevant qualification certificates of grain and oil storage, inspection, control of management and technical personnel;

(V) comply with standardized food (oil) library management, management and in good standing, has no record of illegal business within 3 years.

    Enterprise specific storage conditions and measures formulated by the Food Administration Department.

Article 20th administrative departments in selecting food storage companies reserve mandate shall be determined according to local grain reserves of oil approved by the municipal people's Government size, structure and general layout plan, identified in the qualified enterprises.

    Qualified enterprises, grain monitoring, mechanical ventilation and recirculation fumigation and low temperature storage technology, has reserves of grain and oil information management basic conditions, or storing, processing and sales, Food Administration Department should be the preferred option.

21st local grain storage enterprises shall comply with the following provisions:

(A) the implementation of national and provincial grain reserves management of oil standards, technical specifications, as well as provisions relating to business management;

(B) the storage and kept in special storage, special accounts, records, ensuring consistent grain oil accounts consistent accounts, accounts;

(C) establish safety such as fire, theft, flood, moisture management system, equipped with the necessary safety protection facilities;

(D) in the local branch of agricultural development Bank to open a basic account, accept credit monitoring, implementation of the relevant provisions of the settlement of agricultural development Bank;

(E) local grain reserves of oil accounting and statistical work, separate local grain reserves the oil account, accurately reflect the variety, library, position, age, number, and cost;

    (F) in accordance with provision for regular reporting to the Food Administration grain oil type, quantity, quality and safe storage conditions, when there is a problem, should be dealt with immediately and report.

22nd regional grain storage enterprises may implement the following actions:

(A) without the use of local grain reserves of oil;

(B) making false statements on or concealing the local grain reserves of oil quantity;

(C) the adulteration of fake, shoddy local grain reserves of oil;

(D) unauthorized SWOP places grain varieties, change oil storage sites;

(E) local grain reserves of oil due to delays or poor management of rotation of aging, deterioration;

(F) local grain mix oil and other commercial business management;

(VII) shall sow to fill new grain, obtaining a place to stockpile grain loans, loan interest and acquisition, storage, costs of rotation and rotation loss of price difference, such as financial subsidies;

(VIII) to local grain reserves of oil guarantee or pay off the foreign debt;

    (IX) other behaviors prohibited by laws, rules and regulations.

    23rd the storage enterprise was cancelled, dissolution, bankruptcy, or when a plan is canceled, its storage place in charge of the management of the reserves of grain and oil reserves oil food administration redefining storage in accordance with article 20th enterprise storage and verification of inventory quantity, quality, variety, clear responsibilities.

    The fourth chapter rotation 24th local grain reserves of oil shall practise a system of rotation.
Local grain reserves oil rotation should be subject to State and local food regulatory policy, following the conducive to quality and quantity, value, optimizing grain oil structure and layout, to ensure local grain reserves of oil security, keep the grain market stable principles to save costs and improve efficiency.

    Reserve oil should push Chen Chuxin 25th place. Reserve rice, Indica rice, wheat and vegetable storage term of no more than 1.5 years, 2 years, 3 years and 2 years.

By low temperature storage technology, in compliance with the relevant requirements of the appropriate extension.

    Rotation time of the finished food by food administrative departments depending on the species, storage conditions determined. Article 26th local grain reserves oil rotation, shall, in accordance with the storage time FIFO or timing in batches according to the quality of the food situation, avoid rotation.

    Period of rotation overhead per batch should not exceed 4 months. 27th Food Administration should be determined according to the grain and oil market dynamics local grain reserves of oil rotate and organize the implementation of the programme.

    Special situations such as grain and oil market greater volatility, local grain reserves oil rotation schemes should be approved by the people's Governments at the corresponding level, with a copy to the agricultural development Bank of record. 28th reserve oil rotation for sales by public auction, Commission sale or other way approved by the people's Governments at the corresponding level.

Commission sales, prices of the Food Administration Department in conjunction with the Ministry of finance against the grain and oil market determine.

Rations supplied to local grain reserves oil rotation scheme each month supply, according to the annual grain harvest market settlement.

    Local grain reserves oil rotation method of public bidding should be medium and large wholesale food market in this city. 29th storing enterprises shall, in accordance with the relevant provisions and requirements of the local grain reserves oil rotation. After Enterprise completed the rotation of local grain reserves of oil storage shall promptly apply for Food Administration Department.

    Food should be copied to the financial results will be confirmed by the Administration Department and the agricultural development Bank for the record.

    The fifth chapter use

    30th of municipal and county-level cities (districts) food emergency plan of the people's Governments shall formulate, establish and improve the local grain reserves of oil the use of early warning mechanisms and procedures.

31st must use grain reserves to oil, food administration shall, together with the development and reform, the financial sector and propose programmes of agricultural development Bank, reported to people's Governments at the same level approval and reported to superior Food Administration Department for record.

    Use scenario involves the relevant departments and units should fulfill corresponding obligations in accordance with their respective responsibilities.

Article 32nd Food Administration Department should be approved under the people's Governments at the corresponding level of grain oil-use programme orders using the command and organization.

    No unit or individual shall not refuse to perform or altering the local grain reserves of oil using the command. Article 33rd used local grain reserves to oil, should give priority to the use of the oil-level grain reserves.

    The reserves of grain and oil out of the same level, the level shall apply for the use of superior grain oil.

    Article 34th used local grain reserves of oil prices should be based on food information systems and price monitoring systems reflect the price of the grain and oil market and regulatory needs, the Food Administration Department in conjunction with the Department of finance, price, reported to the people's Government at the same level.

    Sixth chapter expense management

    35th article in accordance with the relevant provisions of the national and provincial Agricultural Development Bank, according to the Administrative Department of food given to the enterprises of local reserves of grain and oil storage acquisitions, procurement plans or rotating storage plan, arrange reserve for enterprise storage in time and in full rotation of loans or loans.

36th reserve oil loan interest spreads, storage, costs such as rotation and rotation loss from this financial burden, and timely and adequate funds in place.

Such costs, States and provinces except as expressly provides that the financial burden above the provincial level.

    Local grain reserves oil storage losses in accordance with the relevant provisions of the State, by the governmental financial burdens. 37th place reserve expenses for grain purchase, keeping, rotation of standards shall be in accordance with the relevant provisions of national and provincial, combined with local practice, timely adjustment.

    Adjustment programmes put forward by the Administrative Department in conjunction with the financial, food prices, after approved by the people's Governments at the same level, and copied to the agricultural development Bank of record. Article 38th local grain reserves of oil there will be regulation of rotation system. 

Local grain reserves of oil there will be regulation of rotation funds mainly from the local spread of grain rotation of oil proceeds.

Local grain reserves oil delegate acquisition or procurement and implementation of public bidding to sell, resulting in proceeds of rotation spreads, you can spread a certain proportion of the proceeds be returned as a reserve reasonable profit, remaining as a rotation there will be adjustment funds. Local grain reserves of oil there will be regulation of rotation of funds from State-owned grain companies accounting accounts, earmarking.

    Earnings per batch of rotation spreads, you can extract a certain proportion of incentive funds.

    39th used local grain reserves of the oil spread losses and related costs from the financial sector in accordance with the approved to use the same level programmes and the use of price verification and burden.

    40th local grain reserves of oil loss caused by force majeure, Administrative Department shall, jointly with the Ministry of food and Agriculture Development Bank verified, reported to people's Governments at the same level for approval, by the financial burden.

    41st regional grain reserves of oil acquisition, storage, distribution, rotation and the use of business, enjoy preferential tax treatment according to state regulations shall be exempted from local funds, charges.

    42nd article of any unit or individual is allowed to cheat, squeeze, intercept or appropriate local reserve grain loans, loan interest and acquisition, keeping, rotation and other expenses.

    The seventh chapter legal liability

    43rd article violates these rules, laws, rules and regulations on penalties from its provisions.

44th article violates these rules, enterprise storage, one of the following acts, the Food Administration Department granting warning shall order rectification fails to change, fined 10,000 yuan and 30,000 yuan fines:

(A) outstanding reserves of grain and oil management standards, technical specifications, as well as provisions relating to business management;

(B) failure to establish fire, theft, flood, moisture-proof or safety management system safety protection facilities, such as inadequate;

    (C) not separate local grain reserves oil account, accurately reflects the variety and points, position, length, volume and cost. 45th article violates these rules, enterprise storage, one of the following acts, the Food Administration Department ordered corrective action, and a fine of 10,000 yuan and 30,000 yuan fines; the circumstances are serious, cancel their plans.

Local grain reserves of oil loss caused, shall compensate for the losses.

(A) the implementation of storage and kept in special storage, special accounts, records, accounts or local grain reserves oil accounts, the accounts do not match;

(B) found that local grain reserves of oil quantity, quality and storage safety problems which do not deal with or report;

(C) article 22nd acts;

(D) extending rotation overhead of, without authorization;

    (E) confirm or without rotation rotation of local grain reserves of oil quality and quantity identified do not meet the requirements of.

46th article violates these rules, enterprise storage, one of the following acts, by the financial sector, agricultural development banks, consistent with their respective responsibilities shall be ordered to correct or give credit sanctions constitute a crime, criminal responsibility shall be investigated according to law: (a) obtaining a place to stockpile grain loans, loan interest and acquisition, keeping, rotation and other fees;

    (B) appropriate or withhold or misappropriate a place to stockpile grain loan and loan interest.

    47th lawfully exercising the right of supervision and management departments and units and their staff at the local grain reserves in the oil-neglect, abuse, deception, by their work units or by the competent authorities directly responsible and other persons directly responsible shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter by-laws

    48th rotation spreads to local grain reserves oil loss and rotation of harvest regulating fund management, County (district) people's Government in accordance with the provisions of these measures or to make their own rules. 49th article of the rules take effect on November 1, 2012.