Sichuan Provincial People's Government On Sichuan Province, The Grain Circulation Management Ordinance Amending The Measures For The Implementation Of The Decision

Original Language Title: 四川省人民政府关于修改《四川省〈粮食流通管理条例〉实施办法》的决定

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Sichuan provincial people's Government on Sichuan province, the grain circulation Management Ordinance amending the measures for the implementation of the decision

    (January 20, 2009 24th Executive meeting of the people's Government of Sichuan province by provincial Decree No. 206-1th release come into force on the date of promulgation), Sichuan provincial people's Government decided to Sichuan province, the grain circulation Management Ordinance to implement measures as follows: In an article by deleting the 23rd, "and upon approval by the province Administration for industry and Commerce administrative Department for registration. Specific management measures for the province in conjunction with the provincial administration for industry and commerce shall be separately formulated by the administration.

    ”

    Second, by deleting section 40th.

    This decision shall come into force as of the date of.

    Sichuan province, the grain circulation Management Ordinance to implement measures under the provisions of this decision be amended accordingly and the order adjusted accordingly, republished.

    PS: in Sichuan province, the grain circulation management regulation measures (2009 revision) (Adopted at the 104th general meeting of November 20, 2006, Sichuan province, provincial government order No. 206 release. Sichuan provincial people's Government on January 20, 2009 the 24th Executive meeting on the revision of the Sichuan province, decided to amend the Ordinance to implement measures for the management of grain circulation, provincial government order No. 206-1th release.

    )

    Chapter I General provisions

    First according to the grain circulation management regulations and other relevant laws and regulations, combined with practical, Sichuan, these measures are formulated.

    Article within the administrative area of Sichuan province, engaged in grain purchase, sale, storage, transport, processing, transformation, import and export business activities shall abide by these measures.

    Food referred to in the preceding paragraph refers to rice, wheat, corn, grain, cereals and other grain and finished products.

    Third people's Governments above the county level shall strengthen leadership on food circulation, and accountability requirements in accordance with the Food Administration Chief Executive, responsible for balancing the amount of food and food security within their respective administrative areas.

    The people's Government above the county level should be carried out under the management society of grain circulation, food administration law enforcement and grain circulation statistics, quality monitoring needs clear food administrative law enforcement by the Administration, supervision and inspection, survey and monitoring the quality of functions, incorporate the budget to fund their work.

    Fourth food administrative departments of the people's Governments above the county level shall be responsible for the administration of grain circulation in administration, industry guidance, and local grain reserves, the policy management of grain.

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

    Chapter II food business

    Article fifth operators engaged in grain purchase, food administration departments at or above the county level shall be subject to qualification, acquired the license to food, and industrial and commercial administrative departments at the same level to set up after registration before engaging in food acquisition activities.

    Cannot get the grain purchase license and are not registered with the industrial and commercial administrative departments shall not engage in food acquisition activities.

    Article sixth legal persons and other organizations engaged in grain purchase, subject to the following conditions:

    (A) buying grain quantity of 2000 tonnes for the year, business day processing cereal processing, transformation capacity of 30 tons or more;

    (B) the registered capital of more than 500,000 yuan;

    (Iii) owns or lease according to relevant national food storage standard and technical specification requirements, more than 1000 tons of container volume of warehouse, is a lease period shall be at least two years on loan, and 1 or more personnel with qualifications for food storage;

    (D) the national food inspection equipment and 1 or more persons with inspection and testing qualifications, or entrust a qualified food quality inspection institutions to conduct inspection agreement.

    Seventh individual industrial and commercial households engaged in grain purchase, should be more than 30,000 yuan of registered capital, a fixed place of business, possession or on loan with food storage requirements of storage facilities, and have the food storage capacity.

    Article eighth applied for grain purchasing licensing, food administration departments at or above the county level shall submit the following documentation:

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

    (B) capital verification certificate or self-employed individual certificates of deposit;

    (C) storage facilities and testing equipment certificate;

    (D) legal persons and other organizations testing, keeping of personnel qualifications;

    (V) other materials stipulated by laws, rules and regulations. Nineth grain purchase licence is valid for 3 years.

    Grain purchase within the validity period changes in licensing matters, shall make application to the Administrative Department for approved food, go through the change procedures. Buyer needs to extend food grain purchase license, shall, on the expiry of 30th to the Food Administration Department of the approved application.

    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 licence expiry without continuity or verification does not meet the conditions for acquisition of qualifications, the Food Administration should be cancelled or revoked. Article tenth of grain purchase license by the Food Administration Department of the province, according to the national food administration printed in the format specified by the Department.

    No unit or individual shall forge, alter, resell, lease, lend or otherwise transfer the acquisition permit.

    11th food buyer shall comply with the following requirements:

    (A) the grain purchase explicitly in the grain purchasing sites permit and business license, certificate acquisition;

    (B) to inform the food for sale and acquisition of public food places of acquisition, 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 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;

    (VII) to buy food at the county level administrative departments periodically report the grain purchase quantity, quality, price and other relevant information;

    (VIII) assigned by the Government's grain purchase should strictly implement relevant State grain purchasing requirements.

    12th in food sales, storage, transportation, processing, transformation, import and export of the operator, shall be registered in the Administrative Department for industry and commerce.

    Industrial and commercial administrative departments should food operators registered in the 30th, change, cancellation, revocation, and other related registration information to the Food Administration at the same level. 13th engaged in grain purchase and sales, storage, processing, transfer, import and export of the operator shall, in accordance with national and provincial statistics of grain circulation system, establish the cereal business account, and submit regularly to the food administration departments at or above the county level, where 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.

    Chapter III quality control

    14th food administration departments at or above the county level shall perform for food acquisition, storage, transportation, activities and policy of grain purchase and sale activities food quality and grain sanitation supervision, regularly publicize food quality supervision and inspection results.

    Industry and commerce administration, quality supervision, public health, price, finance and other sectors in accordance with the provisions of relevant laws and regulations, within the scope of their respective duties and responsibilities relating to food quality supervision and management.

    15th operators engaged in grain purchase, processing, storage (excluding self-employed), shall satisfy the following conditions of food quality control and:

    (A) provincial food Administration Department or product quality supervision departments of food industry-specific types of vocational qualification certificates issued by food inspectors, warehouse keeper;

    (B) operated by food type and adapted to national quality standards inspection food inspection equipment, food inspection is able to separate place of work;

    (C) have the appropriate equipment to use and manage, inspector training, food storage and quality inspection, quality records and quality accident treatment of quality management system.

    Operators do not have food quality inspection capacity and conditions set forth in the preceding paragraph may be entrusted with conditions of food quality control and inspection of institutions.

    16th stockpiles of food business operators shall comply with the following provisions:

    (A) storage facilities shall comply with the relevant national standards and technical norms in food storage;

    (B) the food shall not be mixed with harmful substances for food contamination could occur, and food shall not be mixed in different harvest year, mildew and pests than standard food should be stored separately and in accordance with the relevant provisions of the sale or destruction;

    (C) the storage food must not be used against the use of chemical or overdosing with chemicals, no harmful gases, powders and other sources around the depot. 17th grain inbound and outbound quality inspection system. Engaged in grain purchasing and storage operators (excluding self-employed) for storage should be in accordance with national standards for food quality inspection of grain quality, grain sales library, shall issue a quality inspection reports, sales of food quality should be consistent with the test results.

    Food sales within the normal duration of storage, inspection and issue an inspection report by the operators themselves. More than normal storage life of food out of the library, should be subject to a qualified food quality inspection institutions to conduct quality authentication.

    Normal duration of storage of food is determined by food administrative departments of the province.
18th in grain trading process, food sales, processing, conversion operator to the 17th article of food operators to buy food should obtain food quality inspection reports.

    19th transport food should strictly implement the national food transport specification, must not use polluting means of transport or transport food packaging materials.

    Transport of food in bulk bulk special tools should be used. Transport of food contamination in food, the rain wet, rotten, spoiled food quality of transport accidents, should be close to the food quality inspection institutions to conduct inspection and testing of the qualified and expert conclusions for processing.

    Contaminated and rotten food spoilage by not entering the edible grain market.

    Article 20th has gone bad, do not meet hygienic standard of edible food, must be treated in accordance with relevant regulations of the State, forbidden into edible grain markets; do not meet hygienic standard of feed grain shall not be used as feed material. 21st establishing grain quality and grain sanitation checks, monitoring systems, food quality survey and monitoring system of quality of the harvest that year, food health quality information published on a regular basis.

    Specific measures for the administration of the province Administration Department in conjunction with the departments concerned separately.

    Bear food quality supervision, inspection and food quality inspection institutions and crude sanitary inspection tasks should be by certification and accreditation, qualification, and specified by the province administration.

    Fourth chapter of macro-control

    22nd in region remain 3-month sales, sales areas to maintain size 6 months to determine the volume of local food reserves, establish and perfect the grain reserve system. Province people's Government is responsible for determining the provincial grain reserve scale and the districts of cities (States) minimum size of grain reserves.

    The city divided into districts (States) shall be responsible for the implementation of the grain size of the same level to determine the County (city, district) minimum size of grain reserves. 23rd support and encourage grain wholesale markets or grain market.

    Running food wholesale markets or grain market, shall conform to the grain and oil market development plan, have the necessary facilities to guarantee the quality of grain safety.

    Food wholesale markets or grain market open and market operators shall comply with food law, regulations, and accept the supervision and inspection of food, industrial and commercial administrative departments.

    Policy of grain, grain procurement, distribution and rotation, primarily through the wholesale food market in public, or by other means prescribed by the State. Article 24th Central and provincial grain reserves management, undertake the task of military provisions supply State-owned grain purchase and sale enterprises and the tone of national grain reserve enterprises, provincial grain reserve enterprises, their occupation, replacement of grain storage facilities, demolition, scrap, should be submitted to the provincial food Administration Department for approval. Other grain storage infrastructure of State-owned grain enterprises use and replacement, demolition, scrap, shall be submitted to the city (State) Food Administration Department for approval.

    But except for grain Depot directly under the China grain reserves Corporation.

    25th grain risk fund management, grain information monitoring system in accordance with the relevant provisions of the State and the province.

    26th engaged in grain purchasing, processing and marketing operators must maintain the necessary inventory.

    Minimum inventory quantity can be used by food operators promise food approved by the administrative departments above the county level, but finished grain shall not be less than the average monthly sales volume of 20%, grain shall not be less than the average monthly amount purchased one of consumption, sale or processing 20%; maximum inventory quantity prescribed by the provincial people's Government, according to emergency needs. 27th article establishing and perfecting food emergency early-warning and emergency response system. Provincial people's Government to develop the province's food emergency plan, city (State) according to the actual situation of the administrative region of the people's Government, according to the provincial food emergency requirements, food emergency in their respective administrative areas, and submitted to the provincial people's Government for the record.

    Food Administration departments at or above the county level shall, in accordance with the administrative situation, establishing and perfecting the food emergency response network.

    Due to various types of public emergencies or other causes of grain supply and demand relations in the province, mutation, occurs in a larger geographical scope mass concentrations of snapping up, food stock, prices have risen considerably while waiting for the food market volatility of the situation, the people's Government above the county level shall, in accordance with the relevant provisions of start a food emergency, all food business operators must, in accordance with Government's request to undertake emergency task to ensure emergency tasks require.

    Fifth chapter of supervision and inspection 28th food administration departments at or above the county level in accordance with the food business activities as well as food managers supervise and inspect the implementation of the system of grain circulation statistics.

    Found in the supervision and inspection of food-obviously not in line with quality and hygiene standards, and may harm people's health, approved by the head of the Administrative Department of food, should have alerted, necessary to implement registration and preservation, and shall make a decision in a timely manner within the 7th, during this period, the party or person concerned may not be sold, processed or transferred.

    29th food administrative authorities shall supervise and direct food enterprises, grain reserve enterprises to strengthen inventory management, and in accordance with the relevant provisions of the State administrative department in conjunction with the departments concerned to include food inventory survey of food enterprises, grain reserve enterprises to conduct inventory checks.

    30th product quality supervision, industrial and commercial administration, health, price and other relevant departments in accordance with the relevant laws and regulations, and their respective responsibilities, to supervise and inspect the food business activities.

    Food Administration in conjunction with the administration of industry and Commerce and other departments concerned in accordance with the relevant provisions of the province to establish a sound food system for business credit information.

    The sixth chapter legal liability Article 31st without administration authorization to engage in food grain purchase activity, by the industry and commerce administration confiscated illegal purchase of food in serious cases, illegally purchased food worth more than 1 time fined not more than 5 times.

    The Food Administration Department to identify, transfer of Administration for industry and commerce will be punished. Articles 32nd to deception, bribery or other improper means to obtain qualifications for grain purchase license, cancelled by the Food Administration grain purchase eligible industrial and commercial administration departments revoked business licenses, confiscate the illegal income.

    Parties allowed to re-apply in 3 year grain purchases qualify.

    33rd article violates these rules, any of the following circumstances, the Food Administration Department ordered corrective action and warning in serious cases, may be fined not more than 10,000 Yuan:

    (A) grain who forge, alter, resell, lease, lend or otherwise transfer grain purchase licence;

    (B) the use of forged, altered, leased, lent or illicit transfer of grain purchase licence;

    (C) change without a permit in accordance with the provisions of grain purchase.

    Article 34th in violation of these regulations section 11th (a), (d) the provision, by the Food Administration Department ordered corrective action and warning in serious cases, may be fined a maximum of 5000 Yuan.

    35th engaged in grain purchase, sale, storage, processing, conversion operators in violation of the provisions, food business account retention time of less than 3 years, the Food Administration Department ordered corrective action, a warning shall be in serious cases, may be fined not more than 20,000 yuan.

    Article 36th engaged in grain purchase, processing, storage of breach of the provisions of article 15th, the Food Administration Department ordered corrective action and be warned, may be fined a maximum of 5000 Yuan.

    37th operators engaged in food stocks in violation of the provisions of article 16th, the Food Administration Department ordered corrective action and be warned, may be fined a maximum of 10,000 yuan.

    38th article violates this approach set forth in 17th, 18th, and food out and buy food-inspection report, the Food Administration Department ordered corrective action and be warned, may be fined a maximum of 10,000 yuan; for inspection report falsification, by the Food Administration Department ordered corrective action and be warned, if the circumstances are serious, may be fined a maximum of 30,000 yuan.

    39th article food operators not by provides using food warehouse facilities, and transport tool of, by food administration sector or health sector ordered corrected, be warning; was pollution or not meet edible health standard of food shall not illegal sales, and processing; its quality meet feed health standard of, by food administration sector ordered party turned for feed; not meet feed health standard of, by food administration sector ordered turned for other security uses or destroyed.

    40th of the related administration for violating these rules of the same offence has the right to impose administrative penalties, implemented by the investigation departments; the same offence on the parties, shall not be given more than two penalties administrative penalties.

    Violation of these rules, the grain circulation Management Ordinance and other relevant laws, regulations, administrative provisions, according to their requirements.

    Violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law.

    41st food administration and other relevant regulatory authorities and their staff of any of the following acts, by higher administrative authorities or relevant Department in charge shall command a correction, the persons responsible shall be given 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) in processing grain purchase license, start your own wholesale food markets or cereals, professional marketing activities, such as intentionally or accepting money or goods;

    (C) the grain purchase permit from the not complying with the legal requirements and procedures;

    (D) in the supervision and administration of dereliction of duty, malfeasance, neglect their duties or abuse of powers;

    (E) other violations of these measures should be held accountable for acts of administrative responsibility.

    42nd head of the Governments and their departments or responsible person violating these rules, any of the following acts shall be given administrative sanctions:

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

    (B) outstanding level task of grain reserves, causing serious consequences;

    (C) unauthorized, unauthorized disposal of State-owned grain storage infrastructure;

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

    The seventh chapter by-laws
Article 43rd conversion mentioned in these measures refers to grain as a raw material for industrial production as well as business brewing, feed and breeding purposes.

    44th involved herein, volume in the "upper" and "lower" contains the number value of grain involved, have reached a deal at the trading price, additional inventory cost price calculations.

    Article 45th soybeans, oilseeds and edible oils by purchase, sale, storage, transport, processing, import and export operations, these measures shall apply except as provided in article fifth to tenth of outside. 46th these measures shall come into force on January 10, 2007.