Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346679.shtml
Administrative measures on Wuxi local grain reserves of oil
(February 9, 2011, Wuxi municipal people's Government at the 33rd Executive meeting announced on February 15, 2011, Wuxi municipal people's Government, the 119th since March 15, 2011) Chapter I General provisions
First in order to strengthen the management of local grain reserves of oil to ensure grain security, give full play to local grain reserves oil regulation, maintaining the grain and oil market stability, according to State Council regulations on grain circulation management and the cereals, Wuxi City safety supervision and management regulations and other laws and regulations, combined with the city's actual, these measures are formulated.
Second local grain reserves of oil in these measures refers to the city, city (County), the district reserves, for regulating the grain supply within their respective administrative areas, stable grain market as well as to respond to a major natural disaster or other emergency food and edible oil.
Article within the administrative area of the city engaged in or involved in the management and monitoring activities of the local grain reserves oil units and individuals shall abide by these measures.
The fourth local grain reserves management insisted on classification of oil reserves, grade management, graded the principle of responsibility, ensure good grain oil quantity, quality, storage security.
Local government delegates, grain oil Management Department, business operation.
V people's Governments at various levels shall strengthen the local grain reserves of oil management guidance and organization, coordination, funding can be implemented to ensure that local grain reserves management needs of oil. Sixth municipalities and cities (counties), the Food Administration Department in accordance with the Division of responsibilities of the district is responsible for the level of local administration of reserve oil to local grain reserves of oil quantity, variety, quality and storage safety supervision and inspection.
City (district), district grain oils, food administration, Management accepted guidance and supervision.
Financial departments are responsible for local grain reserves of oil on the implementation of financial supervision and inspection, and according to local grain reserves the oil plan, arrange local grain reserves of oil subsidies such as loan interest, storage and rotation to ensure that adequate funds.
Development and reform, business, prices, Commerce, transportation and other departments according to their respective responsibilities to local grain reserves management of the oil.
Seventh Agricultural Development Bank should be in accordance with the relevant policies and regulations, timely, full arrangements required for local grain reserves of oil funds, regional reserve grain lending and credit regulation.
Eighth article of any unit or individual is allowed to cheat, squeeze, intercept or appropriate regional reserve grain loans, loan interest and expenses for keeping, rotation.
No units or individuals shall abide by local oil-reserves management laws and regulations and these rules, right to cheat, squeeze, intercept or appropriate local reserve grain loans, loan interest and keeping, rotation and other fees to discourage and report behavior.
Nineth local grain reserves of oil have made outstanding achievements in the management of units and individuals, by municipalities and cities (counties), the district people's Government or the relevant departments to give recognition and rewards.
Chapter II plan and acquisition Article tenth local grain reserves the oil scale, variety and overall layout plan, the municipal grain administration in conjunction with the municipal development and reform, the financial sector, according to the national and provincial requirements and the practical development of the city's economic and social development, submitted to the municipal people's Government established.
Local grain reserve scale of oil should be kept basically stable.
11th place oil reserve scale should be issued by the provincial people's Government plan based on crude consumption determined according to the resident population of 6 months, determined according to the relevant provisions of the emergency reserve of edible oils.
Due to special circumstances need to adjust the scale or when existing reserves below the scale of 5%, the municipal grain administration together with the municipal development and reform, financial sector adjustment programme, submitted to the municipal people's Government for approval. 12th place to stockpile grain offer can be fed directly to producers to purchase, can also be composed of food administration organization for enterprise storage purchasing or bidding in large and medium grain and oil wholesale market.
Acquisition of storage of grain and oil prices the Food Administration Department in conjunction with the Ministry of agricultural development Bank to verify and confirm.
Local reserves of grain and oil to buy the food administration departments make recommendations in conjunction with the financial sector, the people's Governments at the corresponding level for approval.
13th storage warehousing business acquisitions of local grain reserves of oil, must is the production of grain and oil, and to achieve the required levels of local grain reserves of oil quality standards.
Due to natural disasters and other factors, the need to adjust the grain and oil acquisitions that year grade standards, recommended by the Food Administration, adjusted according to the actual situation of the city, according to the prescribed procedures implemented after approval.
Quality and quality of local reserves of grain and oil to buy storage, grain testing organizations testing should have the appropriate qualifications.
14th regional grain storage enterprises should meet the following conditions:
(A) the storage capacity and storage conditions conform to the national standards and technical specifications;
(B) have the grain storage function, cartridge-type, access methods, adapted to the variety, the storage period of storage equipment;
(C) is compatible with the national grain reserves of oil quality testing equipment and places, detecting local grain reserves warehouse during oil storage temperature conditions such as density, moisture and pests;
(D) have appropriate vocational skills such as grain and oil storage, inspection, control of management and technical personnel; (e) management and good reputation, has no record of illegal business within 3 years;
(Vi) needed to carry out the basic conditions of information management of reserved grain and oil.
Enterprises of the conditions of the preceding paragraph also has electronic temperature monitoring system of grain can be preferred.
15th Food Administration should be according to local grain reserves oil scale, variety and general layout plan and the conditions laid down in article 14th, through open bidding, selection for enterprise storage, and in conjunction with the development and reform, the financial sector and the agricultural development Bank. Food Administration Department should be reserves of grain and oil storage contract with enterprise storage, clear rights and obligations.
CC sibling storage contract development and reform, the financial sector and the agricultural development Bank of record.
16th regional grain storage enterprises should abide by the following regulations:
(A) implementation of reserve grain management standards, technical norms and provisions relating to business management;
(B) establish local grain reserves oil fire, theft, flood prevention and safety management system, equipped with the necessary safety protection facilities;
(C) the storage and kept in special storage, special accounts, records, ensuring consistent account reconciliation, accounts;
(D) a separate account, reflect the variety and points, positions, years of local grain reserves of oil;
(E) statistics, analysis and inspections on a regular basis the local grain storage management in oil, ensure the safety of grain quantity, quality, storage, identify problems and report in a timely manner;
(F) subject to local grain reserves oil credit control, implementation of the relevant provisions of the settlement of agricultural development Bank;
(G) active use of new technologies, new processes, new equipment, improve the scientific level of local grain reserves oil;
(H) the relevant provisions of the other laws, rules and regulations.
17th regional grain storage enterprises may implement the following actions:
(A) without the use of local grain reserves of oil;
(B) false, hide local grain reserve quantity, quality and other relevant information;
(C) the adulteration of fake, shoddy local grain reserves of oil;
(D) unauthorized SWOP places grain varieties, change oil storage sites;
(V) local grain mix oil and other commercial business management;
(F) shall sow to fill new grain;
(VII) to local grain reserves guarantee foreign oil or pay off debt. 18th enterprise storage is revoked, dissolution, bankruptcy, or violation of regulations on local grain reserves of oil was removed from storage contracts shall be according to the relevant storage contract responsibility.
Grain administration of their place of storage should be grain oil quantity, quality, variety verification, and in accordance with article 15th redefining storage in these measures of enterprise storage.
The fourth chapter rotation The 19th local grain reserves of oil shall practise a system of rotation.
Local grain oil rotation should be subject to national policies for regulating the grain and oil, follow the oil security is beneficial to local grain reserves, keeping the grain and oil market stable, cost savings, efficiency principle.
Local grain reserves of oil rotate each year generally physical reserves total number of 30% to 50%.
Administrative Department shall, jointly with the Ministry of food and Agriculture Development Bank, according to local grain quality and storage life of oil, the number of annual rotation of the local grain reserves of oil, attributes and sub area plans, reported the people's Governments at the corresponding level for approval.
20th enterprise storage should be in accordance with the rotation scheme within the time stated in the quality and quantity to complete the rotation of local grain reserves of oil, and reported to the Department of food administration.
Food Administration Department of the report shall be sent to the financial sector and the agricultural development Bank for the record.
21st rotating overhead not exceeding 4 months, due to special circumstances require an extension, enterprise storage should be 10 working days to apply to the Food Administration Department in advance, approval may be extended. 22nd local grain risk adjusted capital oil rotation system. Rotation of local grain reserves oil risk-adjusted capital, the main rotation of adjusting the level of local grain reserves oil spreads loss and rotation control over local grain reserves and risk of loss resulting from management fees.
Gap by the financial burden. Rotation of local grain reserves oil risk-adjusted capital mainly comes from the local spread of grain rotation of oil proceeds.
The Food Administration Department in the agricultural development bank account management and earmarks, and approval.
23rd due to significant losses in local grain reserves oil rotation caused by force majeure, the Food Administration Department in conjunction with the development and reform, the financial sector and the agricultural development Bank to verify, and reported to the people's Governments at the corresponding level for approval, by the financial burden.
The fifth chapter use
24th under any of the following circumstances, you can use local grain reserves of oil:
(A) cereals, apparently in short supply in the region, or market price fluctuations;
(B) require major natural disasters or other emergencies occur;
(C) other circumstances as the Government considers it necessary to use the same level.
25th municipalities and cities (counties), district grain contingency plans should be developed, and constantly improve the local grain reserves of oil the use of early warning mechanisms.
Administrative departments shall, in accordance with the emergency plan for agri-food requirements, propose local grain oil recommendations in due course. 26th must use 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.
27th using local reserves of oil, the Food Administration Department in conjunction with the development and reform, the financial sector and propose programmes of agricultural development Bank, reported to the people's Governments at the corresponding level approval and reported to superior Food Administration Department for record.
Use programmes should include the use of the type, quantity, quality, use and transport protection and so on.
28th 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. Use scenario involves the relevant departments and units should fulfill corresponding obligations in accordance with their respective responsibilities.
No unit or individual shall not refuse to perform or altering the local grain reserves of oil using the command.
29th using local reserves of oil prices should be based on grain and oil information and early warning system of grain and oil prices reflected the actual, the Food Administration Department in conjunction with the financial and price sectors.
Chapter Sixth penalty
30th lawfully exercising the right of supervision and management departments and units and their staff in the local grain reserves in oil management has one of the following acts, 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 in accordance with law:
(A) failing to perform their duties of supervision and administration of local grain reserves oil, causes losses to the State;
(B) is not timely, adequate funds and local grain reserves of oil interest, storage and rotation costs, financial subsidies;
(C) local grain reserves is not timely, full arrangements of credit needed to oil;
(D) choose not to meet the storage requirements of enterprise storage place reserves of oil;
(E) fraud, squeeze, intercept or appropriate local reserves of grain and oil loans, loan interest and the costs of custody, rotation, etc;
(Vi) other acts of abuse, malpractice, neglect their duties.
31st 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 in accordance with law:
(A) violation of the the eighth article, diddle, squeeze, intercept or appropriate local reserves of grain and oil loans, loan interest and the costs of custody, rotation, etc;
(B) disobey the 16th paragraph (f) provides that local grain reserves should not accept oil credit regulation and the relevant provisions of the settlement.
Article 32nd disobey the 16th article, enterprise storage, one of the following acts, the Food Administration Department ordered corrective action and fails to change, fined 10,000 yuan and 30,000 yuan fines:
(A) contravenes subsection (a) provides that reserves of grain and oil was not executed management standards, technical specifications, as well as provisions relating to business management;
(B) contravenes subsection (b) provides, fire, theft, flood prevention and safety management systems and safety guards are not perfect;
(C) contravenes subsection (d) provides that no separate account, reflect the variety and branch points, positions, years and other local grain reserves of oil.
The 33rd article violates these rules, enterprise storage, one of the following acts, the Food Administration Department ordered corrective action and sentenced to between 70,000 yuan and 30,000 yuan fines; the circumstances are serious, cancel their plan; resulting in losses borne by the enterprise storage:
(A) contravenes section 16th (c) provides, without storage and kept in special storage, special accounts, records, accounts or local grain reserves oil accounts, the accounts do not match;
(B) contravenes section 16th (v) States, found that local grain reserves oil quantity, quality and storage safety problems are not processed and reported in a timely manner;
(C) the 17th one of the articles shall not be implemented;
(D) violation of article 20th, confirmed without rotation or rotation of the local grain reserves of oil quality and quantity identified do not meet the requirements of;
(E) violation of the article 21st, extending rotation overhead of, without authorization.
The 34th article violates these rules, laws and regulations provide otherwise provisions from its provisions.
The seventh chapter by-laws 35th article of the rules take effect on March 15, 2011. On July 9, 2004, published by the people's Government of Wuxi city local grain reserves management operations policy (Tin governance 209) repealed simultaneously.
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