Administrative measures on tobacco in Hunan province
(October 9, 2009, Hunan provincial people's Government, the 37th Executive meeting November 2, 2009, No. 243, promulgated by the people's Government of Hunan province as of January 1, 2010) article in accordance with the People's Republic of China on tobacco monopoly law and the People's Republic of China on tobacco monopoly law implementing regulations and other relevant laws and regulations, these measures are formulated.
Article within the administrative area of the province engaged in the tobacco monopoly commodities production, operation and management of the units and individuals shall abide by these measures.
The third administration of the people's Governments above the county level shall strengthen the tobacco market, establish and improve the investigation of illegal production, engaged in the tobacco monopoly Act of coordination mechanisms and the responsibility system, maintenance of the tobacco market.
Tobacco monopoly administration departments above the county level tobacco monopoly in their respective administrative areas.
Public security, industry and commerce administration, quality supervision, customs, transport, price departments shall, within their respective areas of responsibility, in collaboration with the Department of tobacco monopoly administration of tobacco monopoly administration. Article fourth engaged in the tobacco monopoly production, business unit and individual, shall obtain a license for the tobacco monopoly.
Without permission, no unit or individual may manufacture, tobacco monopoly.
Prohibition of the sale, lease, lend or otherwise transfer the tobacco monopoly licenses.
Fifth District people's Government shall, in accordance with the national tobacco cultivation of tobacco production planning and layout requirements, scientific adjustment of tobacco-producing areas, through large-scale cultivation and promoting intensive management. Sixth tobacco companies should be based on the State's tobacco purchases, tobacco cultivation to buy contracts with the tobacco growers.
Contract shall stipulate the tobacco-growing area, tobacco varieties, leaf tobacco purchasing standards and price, the parties ' rights and obligations and liability for breach of such matters. Tobacco companies should be in accordance with the tobacco growing offer contracts to purchase tobacco, may not be promoted to raise prices or beat down the grade, may refuse to contract tobacco, no tobacco money in arrears.
Tobacco leaf tobacco purchasing site should show samples of tobacco grades in line with national standards, and published prices.
Tobacco growers should follow the tobacco cultivation to buy contracts sold tobacco.
Seventh leaf tobacco production region of the people's Governments shall, in accordance with the national plan, organization of tobacco production, acquisitions, tobacco growers out of tobacco cultivation shall not be required to buy the contract area of tobacco, shall not require the tobacco companies out of tobacco cultivation offer contracts to purchase tobacco.
Eighth tobacco companies should be in line with local conditions to cultivate and promote varieties of tobacco, with tobacco cultivation technical services to help tobacco growers to improve the conditions of tobacco production, improve the quality of tobacco leaves.
Nineth Administration for industry and commerce, quality and technical supervision, agriculture, price and other departments should strengthen the management of tobacco agricultural supplies market, support for tobacco growers, tobacco company tobacco farm material supply services.
Article tenth tobacco product manufacturers should be implementing national quality standards, strengthen scientific research and technology development, reduce the content of hazardous components, improving the quality of tobacco products.
11th cigarette paper and filter rods, cigarette tow, cigarette manufacturing equipment manufacturing enterprises shall be in accordance with the plan of the Department of the State tobacco monopoly administration and order contracts with the enterprises producing tobacco products production.
Elimination of tobacco monopoly production enterprise cigarette manufacturing equipment, defective cigarette paper and filter rods, cigarette tow, smoke, tobacco and waste shall, in accordance with relevant regulations of the State tobacco monopoly administration and Department, supervised by the local Department of tobacco monopoly administration. 12th wholesale of tobacco products by tobacco companies of unified management.
Tobacco companies should standardize operation behavior, determined in accordance with relevant provisions of national and provincial business brand and mode of operation.
13th doing import and export business of tobacco products, tobacco product shall have the following ID:
(A) the import of tobacco products in bags, packs and boxes Pack should have "by the China national tobacco monopoly" marks;
(B) operating duty-free shops imported tobacco products should have China "duty unpaid" logo;
(C) the handling of confiscation of illegally imported cigarettes, should the Department of tobacco monopoly administration in luggage and affixed on the package "to confiscate illegally imported cigarettes" logo;
(D) for export of cigarettes and cigars, in a small package, the package should be "for export" logo.
14th transport tobacco products shall apply to the Department of tobacco monopoly Administration certification for tobacco monopoly commodities transportation; no tobacco monopoly commodities transportation permit, the carrier shall not be transported.
15th article in the passenger and logistics sites and Transport Department of tobacco monopoly Administration seized more than limits set by the State tobacco monopoly, the party's tobacco monopoly commodities transportation permit does not provide local purchase of tobacco products effective voucher, for tobacco monopoly commodities transportation permit transport of tobacco monopoly.
16th Department of tobacco monopoly administration shall strengthen the tobacco monopoly administration supervision, safeguard market order.
Department of tobacco monopoly administration when investigating the tobacco monopoly law, may exercise the following powers:
(A) questioning the parties law, suspects and witnesses, investigation and tobacco related to illegal activity;
(B) cases of illegal parties place of business (including storage space) conduct on-site inspections;
(C) the inspection, copying, and antecedent register illegal activities related to the contract, invoice, account books, documents, records, documents, business correspondence, licenses and other information;
(D) other functions and powers prescribed by laws and regulations.
17th business retail of tobacco products without a tobacco monopoly retail licenses, industrial and commercial administrative departments should investigate and punish.
The Department of tobacco monopoly Administration found no tobacco monopoly retail licenses retail of tobacco products can be verified after the transfer of Administration for industry and commerce shall punish.
Article 18th tobacco monopoly Administration Department or the Department of tobacco monopoly administration, jointly with relevant departments, according to the report by law to check the activities of illegal transportation of tobacco monopoly commodities.
Article 19th in connection with the value of the tobacco monopoly, a brand, in accordance with the conformity of the same brand of tobacco monopoly over the wholesale price; no brand, according to the similar list of brands in the tobacco monopoly commodities wholesale price average in the same period.
Article 20th Department of tobacco monopoly Administration seized tobacco products cannot find parties, surveyed by the announcement party within 60 days without treatment, can be dealt with according to law.
The judicial organ and the administrative law-enforcement departments confiscated tobacco monopoly commodities shall be in accordance with State regulations public destruction, auction or acquired by tobacco companies.
Article 21st disobey 13th article, sales without the required identification of tobacco products, tobacco products confiscated by the Department of tobacco monopoly administration.
22nd article in the State tobacco monopoly administration, negligence, malpractice, abuse of power, bribe or illegal for tobacco monopoly commodities production and business activities, such as facilitating, by their work units or by the competent authorities, impose administrative sanctions; administrative losses are caused, shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law. 23rd these measures come into force on January 1, 2010.