Advanced Search

In Jilin Province, The Grain Circulation Management Regulation Measures

Original Language Title: 吉林省《粮食流通管理条例》实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Modalities for the implementation of the Food Movement Regulations in Glinland

(The 12th ordinary meeting of the People's Government of Chilin Province, 23 September 2009, considered the adoption of Decree No. 208 of 25 November 2009 by the People's Government Order No. 208 of 25 November 2009, of 1 January 2010)

Chapter I General

Article 1, in order to protect the positiveness of food producers, preserve the legitimate rights and interests of operators, consumers, guarantee food security, live food circulation, maintain food circulation order, and develop this approach in line with the food circulation regulations.

Article 2 engages in activities such as food acquisition, sale, storage, transport, processing, export and import within the territorial administration of the province, and should be subject to this approach.

The food referred to in the previous paragraph refers to maize, rice, wheat, miscellaneous food and its food.

Article 3 encourages a wide range of market actors to engage in food operations and promote fair competition. The illegal means of impeding the free circulation of food are prohibited.

Article IV. Governments of more people at the district level should strengthen the leadership of food flows, establish a joint system of administrative law enforcement for food circulation to address important issues in the administration of food circulation.

Article 5

The Government's food administration sector at the district level may entrust executive law enforcement agencies with specific responsibility.

More than the people at the district level are responsible for work related to food flows within their respective responsibilities.

Chapter II Food operation

Article 6. Operators engaged in food acquisition activities shall have the following conditions:

(i) The place in which more than 50 tons of food are stored or through leases;

(ii) At least one person with the necessary means of quantification, measurement and storage of expertise in food quality tests and warehouses;

(iii) There are more than 50,000 funds.

Individuals and businesses with fewer than 50 tons of annual purchases are engaged in food acquisition activities and are not required to apply for food acquisition.

Article 7 acquires the eligibility for food acquisition and conducts registered operators in accordance with the provisions of the Registration Management Regulations of the People's Republic of China.

Applications for food acquisition activities should be submitted in writing to the food administration at the same level in the business registration sector. The food administration sector should provide information on the basis, conditions, procedures and time limits for the acquisition of food in office and provide a model version of the application material. The food administration should be completed within 15 working days of the date of receipt and shall make a licence decision and an indication of the applicant in accordance with article 6 of this approach.

Article 8 shall apply for a food acquisition licence and shall submit the following materials to the food administration:

(i) A copy of the identity card of the legal representative or head;

(ii) A copy of the letter of pre-approval of the name of the enterprise (with a limited number of new enterprises) issued by a license of business or by the industrial administration;

(iii) The location certificate;

(iv) Accreditation instruments, measurements and quality tests, and a certificate of expertise of the custodian;

(v) Accreditation.

Article 9. Access to food acquisition permits in the food administration sector should be registered in accordance with the law to the business administration sector, indicating food acquisitions in the scope of operation; and in the area of business administration, food acquisition activities should also be registered in the food administration sector, and registration in accordance with the law to the business administration sector for changes in the scope of operation, with reference to food acquisitions in the scope of operation.

Article 10

Prior to the expiration of the Food Acquisition Licence permit, the operators who continue to engage in the purchase of food should submit an application for the continuation of the licensed food administration.

Article 11 Acquisition for food acquisition is compiled by the provincial food administration, in accordance with the format established by the National Food Administration.

The licence for food purchase is not charged with any cost.

Any unit or person may not be forged, modified, sold, rented, borrowed or otherwise illegally transferred a food acquisition licence.

Article 12 Food operators engaged in food acquisition activities (hereinafter referred to as food buyers) should comply with the following provisions:

(i) Accreditation and a licence for business in food acquisition sites;

(ii) To inform the solder or to show the quantity, quality standards and prices of food purchases in the place of acquisition;

(iii) The implementation of national food quality standards, in terms of quality, shall not undermine the interests of farmers and other food producers;

(iv) A food purchase voucher for the sale of foodstuffs, which sets out the quantity, quality, price, quantity and quantity of food purchased;

(v) The payment of the sale of food in a timely manner to the solder shall not be in arrears;

(vi) No organization or individual shall be authorized to deduct any taxes, fees and other payments;

(vii) The operators who purchase food across the administrative region should submit to the acquisition district-level food administration sector for a regular report on the number of food purchases, varieties, etc.;

(viii) Food buyers who have been entrusted by the Government to engage in policy food purchases should strictly implement the national food purchase policy.

The business administration sector should make registration information relevant to the registration, change, write-off and cancellation of food operators available to the same level of food administration.

Article 14. All operators involved in the acquisition, sale, storage, processing, and feeding, industrial food-fuels enterprises should be established and basic data and related information on food purchases, sale, storage, etc. are reported to the food administration at the location. The time period for food operators to retain food operators cannot be less than three years. The basic data and related information delivered by food operators relate to commercial secrets, and the food administration has a confidential obligation.

Article 15. Food industry associations and intermediary organizations should strengthen industry self-regulation and play a monitoring and coordinating role in the maintenance of food market order.

Chapter III Quality management

Article 16 regulates the food administration sector at the district level for food purchases, the quality of the storage activities and the food and sanitation of the population.

Article 17 operators engaged in food-processing should have procedures that guarantee the quality of food and the necessary processing conditions for health, without the following:

(i) The use of raw, sub-products of fertilization;

(ii) The use of addicts and other substances that are not conducive to the health of the person;

(iii) Use packaging materials that are not in accordance with quality and sanitation standards;

(iv) Other practices affecting the quality of food and health.

Article 18 Transport of food shall strictly implement the technical norms of national food transport and shall not use contaminated transport tools or packaging materials.

Article 19 introduces a food entry bank and a quality test system.

The operators involved in the acquisition of food and storage should conduct quality testing of cash into cash in accordance with national food quality standards.

Quality testing reports should be given in the sale of food banks. Food sales can be inspected by the operators themselves and tested. More than the time limit for regular storage, a quality test should be carried out by qualified food quality tests.

Article 20 Operators should assume responsibility for food quality safety.

Generic food operators should have quality testing reports for the operation; non-quality testing reports are to be tested by a quality-quality inspection body; the testing report may be sold by the buyer after testing is qualified.

A qualitative food quality test body should report on the quality of the material and be responsible for the results.

Article 21, the Government's food administration sector should establish a screening, monitoring system for the quality of food and the food and sanitation, as well as the periodic publication, through the media, of food quality and food pumps, monitoring results.

Chapter IV

Article 2 establishes a provincial food reserve system. Provincial reserves are food and food-fuels that are used by the provincial population Government reserves to regulate overall provincial food demand, stabilize the food market, and respond to major natural disasters or other emergencies.

In line with the needs of the entire province's macro-controlled food, the provincial development reform, the financial and food administration sector has made observations on the scale, structure and use of provincial reserves, followed by the approval of the provincial government.

Provincial reserve foods are governed by the vertical management system, and the provincial reserve food management company is managed by the provincial food administration and is specifically responsible for the management of provincial reserves. Ensuring a true quantity, good quality and security of storage plays a safety and security role.

The provincial food administration has monitored the quantity, quality and storage of food stocks. Governments and relevant departments should support and assist provincial reserve food management.

The eligibility for provincial reserves in the form of a reserve is determined to be implemented in accordance with the provisions of the provincial food administration. Financial subsidies are implemented in the light of the central reserve food subsidy scheme.

Article 23, when the food supply and demand relationship has changed significantly or has increased food prices, can take price interventions in accordance with the provisions of the People's Republic of China price law in order to guarantee stability in the food supply market.

Article 24 should maintain the necessary food stock when food is sought to strike a basic balance and the basic price stability.

When food markets are too demand and when prices fall, operators engaged in food acquisition, processing, sale perform less than the minimum stock obligations; in food markets should not be sought and in higher prices, operators engaged in food acquisition, processing and sale perform their obligations not higher than the highest stock.

Specific criteria for the minimum stock and the highest stock levels are developed separately by the provincial food administration, followed by approval by the provincial government.

Policy operations such as central and local reserves undertaken by the operators involved in the acquisition, processing and sale of food are not included in the authorized scope of the necessary stocks and minimum and maximum inventory standards.

Article 25 Governments of more people at the district level should establish food emergency scenarios for emergencies. The food emergency response cases developed by the Government of the Next People should be presented to the Government of the people at the highest level.

In the event of significant natural disasters, major epidemics or other sudden-onset events leading to a volatile food market, more than the population at the district level should initiate food emergency preparedness.

After the launch of the food emergency response case, all food operators should assume emergency missions, subject to movement control, and ensure the implementation of the food emergency response.

Article 26 The food administration sector at the district level should be structured in conjunction with the actual development of a food market system-building plan to strengthen food acquisition markets, food retail markets, food-provoking market construction.

Food market construction should be in line with food market systems. A comprehensive market for food and part-time food and retail, urban and rural trade markets, large-scale supermarket operators and operators should receive oversight inspections in the food, commercial administration, quality technical supervision, agriculture, etc.; and corresponding responsibilities should be assumed for food-quality safety accidents.

The procurement, sale and rotation of policy-based food, reserve food, in principle, through the food-contingent market, may also be carried out through other means specified by the State.

Oversight inspection

In accordance with the responsibilities set forth in the laws, administrative regulations, the food administration conducts oversight inspections of food operations. Specific elements include:

(i) The food acquisition qualifications of food buyers and their implementation of national laws, regulations, regulations and food acquisition policies in food acquisition activities.

(ii) The quality and standard of food storage facilities, equipment used by food operators.

(iii) In food acquisition, storage activities, food operators implement national food quality standards and national standards, norms relating to food warehousing technologies, and their acquisition, storage of raw food is consistent with national standards and provisions.

(iv) Implementation by food operators of the standards and norms of national food transport technologies.

(v) The establishment and implementation of the food-saving quality test system.

(vi) The operators involved in the acquisition, processing and sale of food are implementing the minimum and maximum stock provisions developed by the provincial people's governments.

(vii) The implementation of policies and regulations relating to the management of local reserve food reserves by local reserve food operators and local reservesholding enterprises; the quantity, quality, storage safety and rotation plan implementation; regulations, standards and normative implementation, and the eligibility of local reserve food storage enterprises.

(viii) Food operators engaged in policy activities such as food supply, food availability of arriculture, and food supplies for disaster relief implement relevant laws, regulations, regulations and policies.

(ix) Food operators established food operators to implement national food circulation statistics systems.

(x) Food operators, in accordance with the provisions of the food emergency response case, have assumed corresponding obligations to implement the relevant provisions.

(xi) Other elements requiring oversight inspections are required under legal, regulatory, and policy provisions.

The Food Administration exercises the following functions in the supervision of the inspection:

(i) To verify the acquisition qualifications of food buyers;

(ii) Inspection of food stock and acquisitions, the quality of food in storage activities and the food and sanitation at the premises of food operators;

(iii) Inspection of food storage facilities, compliance with national standards and technical norms;

(iv) Access to information, vouchers from food operators;

(v) To investigate relevant information to relevant units and personnel;

(vi) Other mandates provided by law, regulations.

Article 29 Monitoring of Food circulation allows for regular monitoring inspections, special oversight inspections, screening and case-specific surveys.

Article 33, the quality technical supervision sector, in accordance with the provisions of the relevant laws, administrative regulations, has been exposed to such offences as the handling of food processing activities, with a false, sub-standard, non-qualified products, processing of non-food production permits. It is also responsible for monitoring the quality of products in the food processing sector.

Article 31, the business administration sector oversees the inspection of the uncontrolled operation of the food operation, the operation of the superficial scope and the storage of the food sales activities, the bullying of the custodian city, the buyer, the treasurying of leave, the disruption of market order and violations of the law.

In accordance with the relevant legislation, administrative regulations, the health sector is responsible for food processing, the health licence of the sales unit and the supervision of the licence-related inspection, and supervision of the behaviour that causes corruption in the production of food stocks, the contamination of toxic substances, the use of non-approved food addants or adds agents that exceed the permitted limits.

In accordance with the provisions of the relevant laws, administrative regulations, the price authorities have not communicated to the food operators, clarifies the price of food purchase, or resort to pressure prices, price fraud, monopoly or manipulation of prices, or are not subject to scrutiny of price violations, such as price interventions and emergency measures, in accordance with the provisions of the minimum purchase price.

Article 34 quantification of the inspector's performance in accordance with the law should be synchronized. No unit or individual may refuse, obstruct and interfere with the supervision of food circulation inspectors in compliance with their oversight duties under the law.

Chapter VI Legal responsibility

Article 33 XV refession, courier, sale, rent, borrower or other forms of unlawful transfer of food acquisition licences are warn by the responsibility of the food administration; in serious circumstances, by a fine of up to 1 million yen of 2000; and criminal liability by law.

Article XVI does not expressly obtain a licence for the acquisition of food, a business licence or a food purchase certificate to the resale food owner, which is ordered by the food administration sector and warned against it; it is not later renovated, with a fine of more than 5,000 dollars.

Article 37 Food operators have no quality test reports of the operation's grains, which are redirected and warned by the business administration sector; in serious circumstances, the fine of more than 5,000 dollars.

Article 33, which rejects, obstructs and interferes with the performance of the duties of the inspector of the flow of food, is punishable by the public security authorities in accordance with the provisions of the Law on Security and Safety of the People's Republic of China.

In violation of this approach, all levels of government, the food administration sector and other relevant departments have one of the following acts, and are subject to administrative disposition by law to the direct responsible and other direct responsibilities; constitute a crime and hold criminal responsibility under the law:

(i) Staff in the food administration sector granted a licence to eligible food buyers without granting or granting a non-conditional food purchaser, as well as to seek, receive property from other persons in the course of the acquisition of a licence;

(ii) Failure to prepare a food emergency response case in accordance with the provisions or to take measures and implement the obligations in accordance with the requirements of the food emergency response case;

(iii) Illegal intervention in the normal operation of food operators;

(iv) Other violations of the laws, regulations, regulations and policies of food circulation.

Article 40 imposes penalties on other offences that violate the provisions of this approach.

Chapter VII

Article 40

Food operators refer to legal persons engaged in business activities such as food acquisition, sale, storage, transport, processing, import and export, other economic organizations and individual business owners.

Food acquisition means activities that purchase food directly to food farmers or other food producers for sale, processing or as feeds, industrial raw materials.

Food processing means operating activities that deal with the conversion of raw food into semi-materials, foods, or the conversion of semi-food into food.

The acquisition, sale, storage, transport, processing, import and export of plant oil in article 42 shall apply to such practices as the acquisition, sale, storage, storage, transport, processing, import and export of potato, oil and food.

The management of food import and export is carried out in accordance with the relevant laws, administrative regulations.

Article 43 deals with the number of “more than” contained in this approach and “the following” does not contain.

Article 44