Inner Mongolia Autonomous Region, The Grain Circulation Management

Original Language Title: 内蒙古自治区粮食流通管理办法

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Inner Mongolia autonomous region, the grain circulation management

    (January 22, 2009 Executive session of the people's Government of Inner Mongolia autonomous region, the 2nd on February 10, 2009, the people's Government of Inner Mongolia autonomous region, the 165th announced as of May 1, 2009) Chapter I General provisions

    First in order to regulate the order of grain circulation, protect legal rights of food producers, operators and consumers, ensuring food security, according to the State Department the grain distribution regulations and related laws and regulations, combined with State practice, these measures are formulated.

    Article autonomous region within the administrative areas engaged in grain purchase, sale, storage, transport, processing, transformation, import and export operations (hereinafter referred to as the food business activities), shall comply with these measures.

    Article III food business activities should be voluntary, the principles of fairness, honesty and credibility shall not prejudice the legitimate interests of producers, consumers, and must not harm the interests of the State and social public interests.

    The fourth municipality under the State's macro-control, as requested by the Chairman in charge of food, responsible for the Administration's overall balance and local grain reserve management.

    Flags Food Administration Department of the people's Governments above the county level responsible for the administration of grain circulation management and industry guidance.

    Finance, industry and commerce, price, quality and technical supervision, health and other sectors within the scope of their respective duties, responsible for grain-related work.

    Chapter II food business

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

    Operators engaged in grain purchasing activities of the sixth article, shall obtain a grain purchase licenses.

    Seventh article engaged in grain purchasing activities of the operator must satisfy the following conditions:

    (A) legal persons and other organizations with registered capital of 500,000 yuan, individual businesses with registered capital of more than 30,000 yuan.

    (B) legal persons and other economic organizations or on loan with over 200,000 kilos, in line with national standards for food storage and effective capacity of technical specifications, individually-owned or via leased more than 20,000 kg of effective capacity.

    (C) having scales, moisture meter, scales, bulk density, such as food quality control laboratory equipment and measuring instruments.

    (D) has a corresponding qualification full-time or part-time food quality inspection staff, custodians and statisticians.

    (V) other conditions stipulated by laws and regulations.

    Section eighth for grain purchase qualifications operators shall register with the industrial and commercial sectors of food administration departments at submit the following materials:

    (A) the grain purchase application form.

    (B) or copy of individual identity card of the legal representative.

    (C) copy of business license or Enterprise name pre-approval notice.

    (D) credit certificate or individual certificates of deposit.

    (E) proof of ownership or lease of warehouse facilities.

    (Vi) legal metrological verification agencies issued by the testing laboratory equipment and measuring apparatus certification of materials.

    (G) food quality inspectors, clerks and enumerators documentation of eligibility.

    (VIII) other materials stipulated by laws and regulations. Food Administration handling of the Nineth grain purchases eligible for administrative license is made within 15 working days from the date of decision.

    Meet the requirements, issued a grain purchase license, be publicized; do not meet the conditions, and shall state the reasons in writing.

    Department of food administration grain purchase qualifications, shall be on the applicant's premises, storage facilities, test laboratory equipment and measuring instruments and other equipment for on-site verification. Article newly created legal persons, other economic organization or individual businesses in the food after the purchase of a license, the law to register with the Administrative Department for industry and Commerce established at the same level.

    Industrial and commercial administrative department shall, within the scope of its operations indicate the grain purchase. Has been established by the legal persons, other economic organization or individual industrial and commercial household access to food after the purchase of a license, the law to register with the Administrative Department for industry and Commerce at the same level change of business scope.

    In its scope, the industrial and commercial administrative departments shall indicate the grain purchase. 11th grain purchase is valid for four years.

    Changes in licensing matters during the term licensee shall apply to the Food Administration Department of the administrative licensing decisions are made, meets the statutory requirements of the Food Administration in accordance with the law change. Grain purchase needs to continue to engage in food acquisition activities after the expiry date of the licence, shall, on the expiry of 30th to apply to the Food Administration Department of the administrative licensing decisions are made.

    Administrative departments on the application of food, grain purchases make decision on whether to approve the extension before the expiry date of the licence, fails to make a decision, considered to approve the extension.

    Grain purchase license expiration is not applied, the Food Administration should cancel its grain purchase licenses.

    12th grain purchase of permits by the Food Administration Department of the autonomous regional people's Government in accordance with the format prescribed by the State printing.

    No unit and individual shall forge, alter, resell, transfer, lease, lend grain purchasing licenses.

    13th operators engaged in grain purchasing activities shall comply with the following provisions:

    (A) the grain purchase licenses and business licenses explicitly in the grain purchasing sites.

    (B) inform food for sale or place public acquisition of purchasing grain varieties, quality standards, and the purchase price.

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

    (D) to sell food grain purchase voucher issued, containing the purchase grain varieties, rating, 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, paying any taxes, fees and other payments.

    (G) the use of legal metrological verification institution inspection of measuring instruments.

    (H) the accept flag delegate acquisition policy of the people's Governments above the county level food.

    (I) the laws, regulations and other obligations under the regulations.

    14th operators engaged in grain purchasing activities across the County to buy food, the grain purchase licence and shall hold a valid license and report regularly to the acquisition of Food Administration Department of the people's Government at the county level related to food acquisition number.

    15th operators engaged in food sales activities shall comply with the following provisions:

    (A) strict implementation of the national food quality and hygiene standards.

    (B) not it's fake, shoddy, and doped.

    (C) the food could contaminate food items sold by phase separation.

    (D) shall not be hoarded, dominate, monopoly or manipulating food prices.

    (E) sales staff should be familiar with the food insects and rodents, mildew prevention, pollution prevention, common sense, and have the ability to identify food quality.

    (Vi) food sales of finished products shall be obtained health certificates.

    (VII) other obligations provided by laws, rules and regulations.

    16th operators carrying on a food storage should comply with the following provisions:

    (A) storage facilities in line with the national health standard for grain quality, and technical specifications.

    (B) the food shall not be mixed with the food contamination could occur.

    (C) the mildew and pests exceed national standards of food should be kept separate, and sale or destruction in accordance with national provisions. (Iv) storage facilities for disinfection and control of food, rodents and other pests and mold, you may not use national varieties of chemicals or excessive use of chemical agents.

    Pharmaceutical residues exceeding the national standard of food should be sealed separately and processed in accordance with the relevant provisions of the State.

    (E) storage in accordance with national food chemical safety and safe use of the work.

    (Vi) food out within the normal duration of storage, inspection by the operators themselves, and quality inspection reports issued; more than normal length of storage of food, should be subject to a qualified food quality inspection institutions to conduct quality authentication, and provide the quality inspection report.

    (VII) other obligations provided by laws, rules and regulations.

    17th in food sales, processing and conversion operators engaged in grain purchasing and storage operators when buying food, should obtain food quality inspection reports.

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

    19th operators engaged in food processing activities shall comply with the following provisions:

    (A) the ability to ensure that food quality and hygienic conditions and obtain the appropriate credentials.

    (B) food processors health certificates should be made.

    (C) mouldy grain, by-products shall be used for processing.

    (D) shall not violate the use of additives.

    (E) shall not use the packaging material does not meet the standards for quality, health, identified on the packaging shall conform to the national requirements.

    (F) the laws, regulations and other obligations under the regulations. 20th engaged in the food business operators shall implement the Food Administration Department of the autonomous regional people's Government develop system of grain circulation statistics, Statistics Department, establish the business account, and submit regularly to the Food Administration Department of the people's Government at the county level, where grain purchases, sales, storage, processing and transformation of essential data and information such as grain.

    Operators of food keep food business accounts for not less than three years.

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

    21st flag Food Administration Department of the people's Governments above the county level shall be in accordance with the statistical system of grain require food survey and summary statistics reports and statistical reports, escalation.

    Chapter III macro-control

    22nd Government of grain throughput, delegate acquisition, import and export of food and other necessary administrative means, such as economic instruments and pricing interventions to strengthen regulation of the grain market, maintain autonomous region the balance between food supply and demand and prices stable.

    23rd policy of grain purchasing and marketing, in principle through a wholesale food market in public, or by other means prescribed by the State. The 24th municipality established grain risk fund system.

    Grain risk fund for grain farmers direct subsidies, support of food reserves, stabilizing the grain market, specific use in accordance with the relevant provisions of the State and the autonomous communities.

    Financial Department of the people's Governments above the county level shall be responsible for supervision and management of the grain risk fund to ensure that earmarks.

    25th flag of the people's Governments above the county level shall organize food, finance, industry and commerce, price, home, health, quality and technical supervision and other departments according to the actual situation of the region, food emergency in their respective administrative areas.

    26th a major natural disaster, significant outbreak or when other emergency causing abnormal fluctuations in market supply and demand of grain, food emergency plan of the people's Governments above the county level should be initiated.

    27th food emergency plan launched, food business operators shall be liable for emergency duty, subject to the unified arrangements and scheduling to ensure emergency needs.

    28th national decisions on a variety of minimum purchase prices for grain, Food Administration Department of the people's Governments above the county level may entrust a grain purchase acquisition of qualifications operators organization.

    Sold at a minimum purchase price of the farmers to meet the national quality standard for food, entrusted with the grain purchase must not be rejected.

    Entrusted with the acquirers fulfil purchase obligations for grain, as well as enjoy the corresponding rights.

    29th flag Food Administration Department of the people's Governments above the county level in conjunction with the agriculture and animal husbandry, statistics, prices, finance, quality and technical supervision in the Department responsible for the administration of food supply and demand situation of the market monitoring and early-warning analysis, establishment of grain supply-demand system of spot checks, publish quality of food production, consumption, prices, and other information.

    The fourth chapter, supervision and inspection

    Article 30th-food administrative departments shall exercise supervision over food operations of the following checks:

    (A) the qualification of grain purchase and implementation of the national food laws and regulations.

    (B) grain storage, transportation, implementation of the technical standards and specifications.

    (C) food sales a library implementation of quality inspection system.

    (D) implementation of the system of grain circulation statistics.

    (E) grain, grain processing, conversion and finished products wholesale, retail enterprise implementation of the minimum inventory requirement.

    (F) implementation of the policy of grain purchase and sale activities.

    (G) implementation of the food emergency.

    (H) the laws, regulations and rules provide for supervision and inspection of other matters.

    31st of industry and commerce, price, quality and technology supervision and in accordance with the Division of responsibilities in the health sector, to supervise and check the food business activities according to law.

    Food circulation supervision and inspection departments shall establish a coordination mechanism for supervision and inspection work, regularly exchanges on food circulation supervision and inspection of the situation.

    Article 32nd supervisors and inspectors in the supervision and inspection of grain circulation, shall produce certificates issued by the autonomous regional people's Government of the Inner Mongolia autonomous region, administrative law enforcement, does not produce their documents, inspectors have the right to refuse the inspection.

    Food Administration and related departments conducting supervision and inspection, and shall be without prejudice to food business operators in normal production and business activities. Food circulation supervision and inspection personnel perform their duties according to law, be inspected shall cooperate.

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

    The fifth chapter legal liability

    Article 33rd acts in violation of these rules, the grain circulation management regulations of the State Council and the relevant laws, regulations, penalties, from its provisions.

    Article 34th disobey the 11th article, change its license but did not go through the change procedures within the validity period, the Food Administration Department ordered corrective action and fails to make corrections, and fined 1000 Yuan and 10,000 yuan fine.

    35th article violates these rules, any of the following acts, the Food Administration Department ordered corrective action, and a fine of 5,000 yuan and 20,000 yuan fine constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) forge, alter, sell, transfer, lease, lend grain purchasing licenses.

    (B) food and food may have contaminated materials mixed.

    (C) the mildew and pests than the national standard of food is not stored separately.

    (D) the use of national varieties of chemicals or excessive use of chemical insecticides on storage facilities for disinfection and control of grain pests and mold, rodent, or pharmaceutical residues exceeding the national standard of food is not storage alone.

    36th disobey the 13th article of the first provision is not explicitly in the grain purchasing sites grain purchase permits and business licenses, the Food Administration Department shall be ordered to correct.

    37th article violates these rules, any of the following acts, the Food Administration Department ordered corrective action and fails to correct it, fined 500 Yuan more than 1000 Yuan fine:

    (A) not to sell food grain purchase vouchers issued by.

    (B) the normal storage life of the food does not carry out quality inspection, or does not provide the quality inspection report.

    (C) engaged in grain sales, processing and conversion operators engaged in grain purchase and store operators when buying food, not to obtain food quality inspection reports.

    Article 38th food, industry and commerce, price, quality and technology supervision and health administrative departments and their staff, one of the following acts, in accordance with the direct supervisor or the head of direct responsibility for administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) unlawful interference with food operator's normal business activities.

    (B) not according to grain purchase permit from the statutory conditions and procedures.

    (C) applications for grain purchase licence to provide false testimony.

    (D) in the supervision and administration of other acts of abuse of authority, dereliction of duty or engages in.

    The 39th article flag of the people's Governments above the county level and their departments heads or directly responsible for violations of these rules, any of the following acts shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) forcing grain purchase withholding, paying taxes, fees or other payments.

    (B) unauthorized disposal of storage facilities in State-owned grain enterprises.

    (C) violating the food emergency regulations failed to perform their duties.

    The sixth chapter supplementary articles

    40th food transformation in these measures refers to grain as a raw material for industrial production as well as business brewing, feed and breeding purposes.

    41st soybean, oilseed, edible vegetable oil processing, transformation, sale, storage, transport, import and export operations, these measures shall apply to provisions except the sixth to 12th. 42nd these measures shall come into force on May 1, 2009.