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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256387.shtml

In Jilin province, the grain circulation management regulation measures

    (September 23, 2009 the 12th Executive meeting of the people's Government of Jilin Province passed on November 25, 2009, Jilin provincial people's Government promulgated as of January 1, 2010, No. 208) Chapter I General provisions

    First in order to protect the enthusiasm of grain production, protect legal rights of operators, consumers, ensure food security and invigorate the grain circulation system, maintaining the order of grain circulation, according to the grain circulation management regulation, 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, import and export business activities shall abide by these measures.

    Food referred to in the preceding paragraph refers to corn, rice, wheat, coarse grain and grain finished. Article encourages the various market players engaged in the food business activities, the promotion of fair competition.

    Strictly prohibited illegal means to impede the free flow of food.

    The fourth people's Governments above the county level shall strengthen leadership on food circulation, and establish a joint meeting of the administrative enforcement of the grain circulation system, addressing important issues of grain circulation in administrative law enforcement.

    The fifth food administrative departments of the people's Governments above the county level shall be responsible for the administration of grain circulation in administration, guidance, and oversight regarding the availability of the food laws, regulations, policies and the implementation of the rules and regulations.

    Food Administration Department of the people's Governments above the county level may authorize administrative law enforcement organs responsible for law enforcement activities.

    Administration for industry and Commerce above the county level people's Government, financial, quality and technical supervision, health, price and other sectors within the scope of their respective duties, responsible for grain-related work.

    Chapter II food business

    Sixth operators engaged in grain purchase activities, subject to the following conditions:

    (A) owns or on loan with site to store 50 tons of food;

    (Ii) have the necessary inspection and analysis instruments, measuring instruments, and food quality inspection and warehousing expertise at least one;

    (C) has more than 50,000 of its own funds.

    Acquisitions of less than 50 tonnes/year individual businesses engaged in grain purchasing activities without eligibility for application for grain purchases.

    Article seventh obtain qualifications for grain purchase, and in accordance with the People's Republic of China governing the registration of Companies Ordinance provides for the registration of operators may engage in food acquisition activities. Application in food acquisition activities, should be registered with the industrial and commercial sector Food Administration Department to submit a written application at the same level. Food Administration grain purchasing eligible licenses of public signs in Office space basis, conditions, application and approval procedures and deadlines and other relevant information, provide copies of relevant demonstration of the application materials.

    Food Administration Department should be completed within 15 working days from the date of acceptance of audit, to comply with the provisions of article sixth licensing decisions to applicants and publicity.

    Article eighth eligibility criteria for grain purchase license, shall submit the following documents to the Food Administration Department:

    (A) the copy of ID card of legal representative or principal;

    (B) the business license or industrial and commercial administrative organs of the Enterprise name pre-approval notice issued by (only new enterprises) copies;

    (C) site certificate;

    (D) the inspection and analysis instruments, measuring instruments, custodial staff expertise and quality inspection certificate;

    (E) credit.

    Nineth Food Administration grain purchasing eligible licenses, according to law to register with the Administrative Department for industry and Commerce established, indicated in the scope of grain purchase has been registered with the industrial and commercial administrative departments, food acquisition activities should obtain qualifications for grain purchases in the Food Administration license, and by law to register with the Administrative Department for industry and commerce to change scope, indicate in the scope of grain purchases.

    Tenth grain purchasing eligible licenses valid for three years.

    Grain purchasing eligible licenses expire 30th continue buying grain dealer shall provide the approval of food administration application for continuation of the original.

    11th grain purchasing eligible licenses by the Food Administration Department of the province, according to the national food administration printed in the format specified by the Department.

    Deal with grain purchasing eligible licenses does not charge any fees.

    No unit or individual shall forge, alter, resell, lease, lend or otherwise transfer grain purchasing eligible licenses.

    12th food operators engaged in grain purchase activities (hereinafter referred to as the food buyer) shall comply with the following requirements:

    (A) the grain purchasing eligible licenses explicitly in the grain purchasing sites and industrial and commercial business license;

    (B) inform food for sale or place public acquisition of purchasing grain varieties, quality standards and prices;

    (C) the implementation of national standards for food quality, price and must not harm the interests of farmers and other food producers;

    (D) to sell food grain purchase voucher issued, containing the acquired food variety, quality, price, quantity, and amount;

    (E) grain sales to selling grain to pay in a timely manner, and shall not be in arrears;

    (Vi) shall not accept any organizations or individuals entrusted withholding, the payment of any taxes, fees and other payments;

    (G) TRANS offer food business operator shall provide to purchase food at the county level administrative departments, periodic reports of grain quantity, variety and so on;

    (H) to accept instructions from those engaged in grain purchase and sale activities of grain purchase policy should strictly implement the State grain purchase policy.

    13th food operators of the industrial and commercial administrative departments shall register, change, cancellation, revocation of the registration information provided to the Food Administration at the same level. 14th all grain purchases, sales, store, process operators and feed grain, industrial enterprises should establish the cereal business account, and submit to the local administrative Department of food grain purchases, sales, storage and other basic data and information. Operators of food keep food business accounts for not less than 3 years.

    Food business operators to submit the basic data and information of commercial secret, confidential Food Administration Department.

    15th should strengthen industry self-regulation of food industry associations and intermediary organizations, in the maintenance of order in the grain market oversight and coordinating role.

    Chapter quality management

    The 16th food administrative departments of the people's Governments above the county level for food acquisition activities, storage of grain quality and grain sanitation regulations.

    17th engaged in food-grain processing operators shall ensure that food quality and hygienic processing conditions, and shall not be any of the following acts:

    (A) use mouldy grain, by-products of processing;

    (B) violations of the use of additives and other substances detrimental to human health;

    (C) the use of packaging materials do not meet the standards for quality, health;

    (D) other acts that affect food quality, health.

    18th transport food should strictly implement the national food transport specification, must not use polluting means of transport or packaging materials.

    19th grain inbound and outbound quality inspection system.

    Engaged in grain purchasing and storage operators shall, in accordance with national standards for food quality of storage of food quality control. In food marketing library, shall issue a quality inspection reports. Food sales within the normal duration of storage, inspection and issue an inspection report by the operators themselves.

    More than normal duration of storage shall sow the former, should be subject to a qualified food quality inspection institutions to conduct quality inspection.

    20th finished food business operators shall assume responsibility for quality and safety of food.

    Run finished food products-food operators should have a quality inspection reports; no quality inspection reports, to inspection by a qualified food quality inspection organizations; after passing the inspection, inspection report on the sales and providing inspection reports to the purchaser.

    A qualified food quality inspection institutions shall report the matter in accordance with the regulations issued by food quality inspection of finished products, and take responsibility for results.

    21st food administrative departments of the people's Governments above the county level should establish food quality and raw grain health checks, a monitoring system and available to the public through the media regularly publish the food quality and grain sanitation checks, monitoring results.

    Fourth chapter of macro-control 22nd Provincial grain reserve system.

    Provincial-level grain reserve refers to the provincial reserve is used to regulate the province's total grain supply and demand, stabilizing the grain market, and respond to major natural disasters or other emergency situations, such as grain and edible oil.

    According to the province's grain macro-control needs, by the provincial development and reform, financial and Food Administration Department of provincial-level grain size, structure and use of opinion, reported to the provincial government for approval. The provincial grain reserves management system of the vertical, provincial grain reserves management company by Department of grain administration management, specific responsibilities for provincial grain reserves management.

    Ensure that the number of real, good quality and stockpile security, playing a security role. Grain administration of provincial grain reserves quantity, quality and safety supervision and inspection storage.

    City (State), County (city, district) people's Governments and relevant departments should give support and assistance to provincial-level grain reserves. Enterprise storage qualification for provincial-level grain reserves in accordance with the regulations of the Food Administration Department of the province.

    Subsidies in the light of the central reserve grain subsidy measures.

    23rd when the grain supply and demand significant changes or prices rise too high, in order to ensure market stability of food supplies, the provincial government may, in accordance with the People's Republic of China provide for price intervention measures of the price law.

    24th in the balance between food supply and demand, price stability, food acquisition, processing and marketing operators shall maintain the necessary food stocks.

    Grain glut on the market, falling prices when there are engaged in grain purchasing, processing and sales operators the obligation to not less than the minimum inventory; in the food market is in short supply, price increases when there are engaged in grain purchasing, processing and marketing operators to fulfil obligation not to above the maximum inventory.

    Minimum inventory quantity and maximum inventory quantity of the specific criteria formulated by the province administration separately, and reported to the provincial government for approval.

    Engaged in grain purchase, processing and sale of the operator of Central and local reserves and other policy-related operations, do not include the necessary inventory and the range of the minimum and maximum inventory quantity standards approved. 25th people's Governments above the county level shall establish and improve emergency response plan for emergency food.

    Food emergency plan established by the lower level people's Governments should be reported to people's Governments at a higher level for the record.

    Due to major natural disasters, major outbreaks or when other emergency causing abnormal fluctuations in market supply and demand of grain, the people's Governments above the county level shall start a food emergency.

    Food emergency plan started, all food business operators shall be liable for emergency tasks, subject to scheduling, and ensure the implementation of emergency response plan for food.

    26th Food Administration Department of the people's Governments above the county level should be practical, develop the grain market system construction plan, strengthening grain purchasing markets, food retail, food wholesale market. Food wholesale market shall conform to the grain market system construction plan.

    Wholesale food markets, and diversified into finished food wholesale and comprehensive wholesale and retail markets, urban and rural markets, supermarkets, open and operators should receive food, industry and commerce administration, quality and technical supervision, supervision and inspection of sectors such as agriculture; on food quality and safety accident shall bear corresponding responsibility.

    Policy of grain, grain procurement, distribution and rotation, in principle through a wholesale food market in public, or by other means prescribed by the State.

    The fifth chapter, supervision and inspection 27th grain administrations in accordance with the responsibilities stipulated by laws and administrative regulations, supervision and inspection of the food business activities.

    Details include:

    (A) the food acquisition of qualifications for grain purchase, and related to food acquisition activities in the implementation of national laws, regulations, rules and grain purchasing policy.

    (B) food operators used in grain storage facilities, the quality and standard of equipment.

    (C) operators of food in grain purchasing and storage activities, implementation of the national food quality standards and relevant national grain storage technology standards, norms, their acquisition, Stockpiling crude in line with the relevant national standards and regulations.

    (D) food business operators the implementation of the national technical standards and norms of food transport.

    (E) food storage food sales of the enterprises to establish and implement a quality inspection system.

    (F) engaged in grain purchasing, processing and marketing operators perform developed by the people's Governments at the provincial level the minimum and maximum stock requirements.

    (VII) local grain reserves management bodies and local grain reserve enterprises to implement local grain reserve management policy and regulations local grain quantity, quality, storage, safe as well as rotation of the implementation of the plan; implementation of the various regulations, standards and norms, as well as local grain reserve storage enterprise storage qualifications.

    (VIII) engage in military provisions supply, returning farmland to forest food supplies, relief food supply policy with grain and food operators for the operation of the implementation of relevant laws, regulations, rules and policies.

    (I) food operators establish the cereal business account, implementation of the national statistical system of grain circulation.

    (J) food business operators in accordance with the emergency plan for food provisions and undertake corresponding obligations, implementation of the relevant provisions.

    (11) the laws, rules, regulations and policies need to conduct supervision and inspection of other content.

    28th article of food administration during the process of supervision and inspection shall exercise the following authorities:

    (A) verification of the qualification of buyers of grain purchase;

    (B) access to operators of food premises to check food stocks and acquisitions, grain quality and grain storage activity and health;

    (C) check whether the grain storage facilities and equipment comply with the relevant national standards and technical specifications;

    (D) access to information related to food operators, documents;

    (E) to units and personnel to investigate the relevant circumstances;

    (F) other functions and powers prescribed by laws and regulations.

    29th food circulation supervision can take regular supervision and inspection, special supervision and inspection, sampling and ad hoc surveys and other means. 30th of quality and technology supervision departments in accordance with the provisions of relevant laws and administrative regulations, to adulterate food processing activities, and to imitate the true, shoddy, substandard products as qualified product, no processed food production license sales and other violations in the investigation.

    And is in charge of product quality supervision and inspection of food processing.

    31st industrial and commercial administrative departments in accordance with the provisions of relevant laws and administrative regulations on food business activities without a license management, scope management as well as food sales activities of hoarding, dominate and the hard sell, the doping fake, shoddy disturbs market order and illegal trading practices such as supervision and inspection.

    32nd health sectors in accordance with relevant laws, administrative laws and regulations, is responsible for the food processing and marketing units of health permits and license-related supervision and inspection, product spoilage caused by grain in storage, is toxic and hazardous substances pollution, the use of unauthorised use of the food additive or additives exceed allowable levels and endangered public health carry out supervision and inspection.

    Article 33rd pricing departments in accordance with the provisions of relevant laws and administrative regulations on food business operators failing to inform, publicity for grain purchase price, or beat down the grade, bidding up the price, price-gouging, monopolies or manipulate prices, or not in accordance with the provisions of the minimum purchasing price instead of price intervention measures and urgent measures such as illegal conduct supervision and inspection. Article 34th object under inspection of food circulation supervision and inspection personnel perform their duties according to law, should be fit.

    No unit or individual may refuse or obstruct or interfere with food circulation supervision and inspection personnel to perform their duties of supervision and inspection.

    The sixth chapter legal liability

    35th forge, alter, resell, lease, lend or otherwise transfer grain purchasing eligible licenses, the Food Administration Department ordered corrective action, a warning shall be serious, less than 2000 Yuan and 10,000 yuan fine constitutes a crime, criminal responsibility shall be investigated according to law.

    36th article does not explicitly in the grain purchasing sites grain purchasing eligible license, business license, or not to sell food grain purchase vouchers issued by, the Food Administration Department ordered corrective action and warning fails, fined a maximum of between 5000 and 1000 Yuan.

    37th run finished food products-food operators without quality inspection reports, the Administration for industry and commerce shall order rectification and give a warning in serious cases, fined a maximum of between 5000 and 1000 Yuan.

    The 38th person by means of violence, threats and other refuse, obstruct, interference shall fulfill their duties of supervision and inspection of grain circulation, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized.

    39th article violates these rules, Governments at all levels, the Food Administration Department and other departments concerned of any of the following acts, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the food administration staff for eligible grain purchase is not in accordance with the regulations issued or food does not meet the conditions of acquisition of the licensing authority of acquisitions, as well as at the time of acquisition in the licensing process to ask for or accept other people's property, and gain other benefits;

    (B) the emergency response plan for failing to prepare food, or not in accordance with the food emergency plan calls for measures of performance of the obligation;

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

    (D) other violations of grain distribution laws, regulations, rules and policies of malfeasance.

    40th for violations of other illegal acts as provided herein, in accordance with the relevant provisions of law and rules and regulations will be punished.

    The seventh chapter by-laws

    41st the following terms shall have the meanings herein are:

    Food operators are engaged in grain purchase, sale, storage, transportation, processing, import and export business activities of legal persons, other economic organization or individual.

    Grain refers to sales, processing or as a feed, industrial materials, such as directly to grain farmers and other food producers bulk food at retail level.

    Food processing, refers to grain processing cereal grains into semi-finished products, finished products, semi-finished products or activities of food into finished food.

    42nd soybean, oilseeds and edible oils by purchase, sale, storage, transport, processing, import and export operations, these measures shall apply to provisions except the sixth to 11th.

    Food import and export management, in accordance with the provisions of relevant laws and administrative regulations.

    Article 43rd in this way involves "above" containing the number, "" does not contain this number. 44th in these measures come into force on January 1, 2010.