Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Decision of the Government of the People of Sichuan Province to amend the implementation of the food circulation regulations in the Sichuan Province

(Summit 24th ordinary meeting of the Government of the Sichuan Province 20 January 2009, through Order No. 206-1 of the People's Government of the province, from the date of publication)

The Government of the Sichuan Province has decided to amend the implementation of the food circulation regulations in the Sichuan Province as follows:

i. Delete the registration process in article 23, paragraph 1, “and with the approval of the provincial food administration, to the business administration sector. Specific management approaches are developed by provincial food administrations with the provincial business administration.

Delete article 40.

This decision is implemented since the date of publication.

The Modalities for the implementation of the food circulation regulations in the Sichuan Province have been revised accordingly in accordance with this decision and adjusted accordingly to the order of the provisions.

Annex: Modalities for the implementation of the Food Movement Management Regulations in Sichuan Province (Amendment 2009).

(Adopted on 20 November 2006 at the 104th ordinary meeting of the Government of the Sichuan Province, No. 206. In accordance with the decision of the 24th Standing Conference of the People's Government of Sichuan on 20 January 2009 to amend the Modalities for the Reform of the Food Circulation Regulations in the Sichuan Province, No. 206-1. ()

Chapter I General

Article 1 establishes this approach in the light of the State Department's Regulations on the Management of Food circulation and the relevant legal, legislative and regulatory provisions.

Article 2 engages in activities such as food acquisition, sale, storage, transport, processing, trans-shipment, import and export in the administrative regions of the Sichuan Province, and should be subject to this approach.

The food referred to in the previous paragraph refers to raw foods such as rice, wheat, maize, and blend.

Article 3. The Government of the people at the district level should strengthen its leadership in food circulation, which is responsible for the overall balance and food security in the current administration, as required by the Chief Executives Board for Food Work.

The Government of the people at the district level should include its financial budget in accordance with the need to manage the full range of social food flows, implement food administrative and food circulation statistics, quality regulation.

Article IV is responsible for the administration of food flows within the current administration, industry guidance and the management of local reserves, policy food use.

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

Chapter II Food operation

Article 5 operators engaged in food purchases should be subject to approval by district-level food administration, access to food acquisition permits and registration by the same sector of business administration.

No food acquisition permit and no registration in the business administration sector shall be allowed to engage in food acquisition activities.

Article 6. Legal persons and other economic organizations engaged in food purchase should have the following conditions:

(i) More than 2000 tons of purchase of raw food throughout the year, and more than 30 tons of raw food capacity are processed and converted to business days;

(ii) More than 500,000 dollars of registered funds;

(iii) A lease period of more than two years, with more than one person eligible for food custody, shall be granted or in accordance with the State's requirements for food storage standards and technical norms, for more than 1,000 tons of warehouses;

(iv) There are national-mandated food testing equipment and more than one test-qualified test officer or an agreement that entrusts qualified food quality testing agencies with testing.

Article 7. Individuals and businesses engaged in food purchases should have more than 30,000 registered funds, fixed operating places, possession or storage facilities that meet food storage requirements through rental loans and have corresponding food custody capabilities.

Article 8 shall apply for the acquisition of a food security licence and shall submit the following written material to the district-level food administration:

(i) A copy of the identity card of a legal representative or an individual businessman;

(ii) A certificate of experience or a personal deposit certificate of the individual business and industrial owner;

(iii) Warehousing facilities and test equipment certificates;

(iv) Testing, qualification of legal persons and other economic organizations;

(v) Other materials provided for in laws, regulations and regulations.

Article 9. During the period of effectiveness, the food buyer requested a change in the licence matter and should apply to the authorized food administration sector for processing changes.

Food buyers need to continue the period of effectiveness of the food acquisition licence and shall apply to the food administration sector that approves the licence by 30 years of effectiveness. The food administration, in accordance with its request, decides whether the food acquisition licence will be granted for continuation before the expiry of the period of effectiveness of the licence; it is considered to be extended by the overdue decision.

The food acquisition licence has not been sustained at the end of the period of effectiveness, or the food administration should be cancelled or withdrawn by verification that it is not eligible for acquisition.

Article 10 Food acquisition permits are compiled by the provincial food administration in accordance with the format provided by the National Food Administration. Any unit or person may not be forged, modified, sold, rented, borrowed or licensed for other forms of unlawful transfers.

Article 11. Food buyers should comply with the following provisions:

(i) Accreditation licence and a business licence in the food acquisition facility;

(ii) To inform the solders of the acquisitions, quality standards and acquisition prices of food 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) Regular reporting of food acquisitions, quality, price, etc. to the district-level food administration in the acquisition area;

(viii) The food purchaser entrusted by the Government should strictly implement the State's provisions on food security.

Article 12 operators engaged in the sale, storage, transport, processing, diversion, import and export of food shall be registered in the business administration.

The business administration should communicate registration information relating to the registration, change, write-off and cancellation of food operators within 30 days to the same level of food administration.

Article 13 operators engaged in food acquisition, sale, storage, processing, trans-shipment, export and import should establish food operators in accordance with national and provincial food circulation statistics systems and submit basic data and related information on food purchases, sale, storage, etc. to higher-level 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.

Chapter III Quality regulation

Article 14. The food administration sector at the district level performs regulatory responsibilities for food acquisition, storage, transport activities and policy-sexploitation activities, as well as the food-quality monitoring, testing results regularly to society.

The sectors such as business administration, product quality monitoring, health, prices and finance are responsible for the management of food quality monitoring within their respective responsibilities, in accordance with the relevant laws, regulations.

Article 15 operators engaged in food acquisition, processing and storage (non-ownership and business) should have the following food quality test capabilities and conditions:

(i) Food quality testing personnel, warehouse custodians, who have access to the provincial food administration or product quality supervision sector;

(ii) The availability of food-testing equipment that is adapted to the food-testing projects that operate food types and national quality standards, and the location where food testing is carried out separately;

(iii) Quality management systems, such as the use and management of the corresponding instrument equipment, the training of inspectors in operation, the quality test of the food access base, quality archives and quality accident processing.

The operators do not have the capacity and conditions of the food quality test provided in the preceding paragraph, and may entrust bodies with the testing of food quality tests and conditions.

Article 16 operators involved in food storage should comply with the following provisions:

(i) Warehousing facilities should be consistent with national standards and technical norms relating to food storage;

(ii) Food shall not be confused with hazardous substances that may be contaminated with food, and foods in different harvest years shall not be confused and be stored separately and sold or destroyed in accordance with the relevant provisions;

(iii) Storage of food shall not be used by the State for the use of chemical pharmacies or dose in chemical pharmacies, and no sources of pollution, such as gas, theft, shall be located around the food bank.

Article 17 introduces a food entry and a quality test system. In the case of food purchases, storage operators (non-ownership and business) should conduct quality testing of cash-based foods in accordance with national food quality standards, quality testing reports should be given in the sale of food banks and the quality of the sale of food should be consistent with the test results. Food sales can be inspected by the operators themselves and tested.

In excess of the time limit for regular storage, quality identification should be carried out by a qualified food quality test body. The normal food storage period is determined by the provincial food administration.

In the course of food transactions, food sales, processing, trans-shipment operators purchase food to food operators under Article 17, and food quality testing reports should be requested.

Article 19 Transport of food should strictly implement the technical norms of national food transport, without the use of contaminated transport tools or the transport of food by packaging materials. The transport of food in a dispersal manner should be used as a specialized vehicle for transport.

In the event of food contamination, rain Wetlands, transformatives, etc., food-quality accidents in the course of transport should be checked and processed in accordance with the findings. Foods contaminated and transgender are not subject to the sale of food markets.

Article 20 has become qualitative and non-compliant with food-sanitary standards, and must be addressed in accordance with the relevant national regulations, prohibiting the flow of food to food markets; food that is incompatible with feeding standards cannot be used as feedstock.

Article 21 establishes a screening, monitoring system for the quality of food and for food hygiene, which has been harvested during the year, and the quality of food sanitation information is regularly issued. Specific management approaches are developed separately by the provincial food administration.

Food quality testing institutions that undertake food quality monitoring tests and original food health testing missions should be certified, qualified by the provincial food administration.

Chapter IV

Article 2 determines the size of local food reserves, in accordance with the principle of maintaining three months of sales and the maintenance of six-month sales in the area of production, and establishes a system of sound local food reserves.

The provincial Government is responsible for determining the minimum size of the provincial food reserves and the city (State) food reserves. The communes (states) are responsible for the implementation of the scale of food stocks at this level and for the determination of the lowest size of the arsenal (communes, areas).

Article 23 supports and encourages the establishment of a food-provincing market or a specialized food oil market. The opening of the food-provincing market or the special food oil market should be in line with food market development planning and have the necessary facilities to secure the quality of food oil.

The start-upers and operators in the food-provoking market or the food-fuels professional market should comply with national food regulations, regulations and be inspected in the relevant administration sectors, such as food, business and industry.

The procurement, sale and rotation of policy-based food, reserve foods can be carried out publicly through the food-contingent market or through other means specified by the State.

Article 24 State-owned food purchaser enterprises with central and provincial reserve food management, military food supply missions, and the provincial food reserve enterprises, provincial food reserve enterprises, which are occupied, replaced, removed, removed and reportedly destroyed, should be reported to the provincial food administration. Other State-owned food enterprises are occupied, replaced, removed and reportedly destroyed, and should be reported to the urban (State) food administration. However, the China Consortium for Food Management is the exception.

Article 25 Management of the Food Risk Fund and the construction of the Food Information Monitoring System are implemented in accordance with the relevant provisions of the State and my province.

Article 26 operators engaged in food acquisition, processing and sale must maintain the necessary stock.

The minimum stock may be pledged by the food operators and approved by the district-level food administration sector, but the food shall not be less than 20 per cent of their monthly sales, and the food shall not be less than 20 per cent of their monthly acquisitions, sales or processing consumption; the highest stock is provided by the Government of the province in accordance with the emergency needs.

Article 27 establishes a system of early warning and emergency response for food emergencies. The provincial people's Government has developed a province-wide food emergency response case, and the Government of the city (the State) has prepared a food response in accordance with the actual situation in the current administrative region, as required by the provincial food emergency response. The food management sector at the district level should establish a robust food response network based on the realities of the current administrative region.

In the provinces where food supply and demand is triggered by various types of sudden public events or other causes, there is a significant mass concentration of food markets, such as purchase orders, food breaks and prices, and the demand for emergency response tasks, as required by the Government.

Oversight inspection

The food administration sector at the district level has been inspected by law on food operations and on the implementation of the food circulation statistics system by food operators. In the monitoring inspection, it is clear that food is not in accordance with national quality and health standards that may endanger the physical health of the population, and with the approval of the head of the food administration, it should be informed that registration is in place where necessary and that decisions should be taken in a timely manner within 7 days, during which the parties or the person concerned cannot be sold, processed or transferred.

Article 29 of the Food Administration should monitor and guide the strengthening of stockpile management in food-based businesses, food reserve enterprises, and conduct stock inspections with the relevant sectors, in accordance with the relevant national regulations, for food operators and food reserves enterprises that integrate stock statistics in the food administration sector.

Article 36 Quality Monitoring of Products, Business Administration, Health, Prices, etc., monitors food operations in accordance with the relevant legal regulations and their respective responsibilities.

The food administration sector should establish a robust food operation credit information system in accordance with the relevant provisions of my province.

Chapter VI Legal responsibility

Article 31, without the permission of the food administration to engage in food purchase activities, is confiscated by the business administration for the illicit purchase of food; in the case of serious circumstances, it may be fined for more than five times the illicit acquisition of food value. As identified by the food administration sector, penalties were handed over to the business administration.

Article 32 obtains a food acquisition licence by deceasing, bribes, and by the food administration, the acquisition of food is granted, and the business administration sector revokes the licence of business in accordance with the law. The parties shall not apply once again for the acquisition of food in three years.

In violation of this approach, there are one of the following cases, which are being retroactive and warned by the food administration; in the case of serious circumstances, the fines of up to 1 million United States dollars:

(i) Food buyers forfeiture, alteration, sale, rent, borrowing or other forms of unlawful transfer of food purchase licences;

(ii) The use of food purchase licences that are forged, modified, rented, borrowed or illegally transferred;

(iii) No procedure for processing changes in the food acquisition licence is required.

Article 34, in violation of article 11, subparagraphs (i), (iv), of this approach, is being warned by the responsibility of the food administration and, in serious circumstances, by a fine of 5,000 dollars.

Article XV Operators engaged in food acquisition, sale, storage, processing and trans-shipment violates this approach, which provides for a period of less than three years for food operators to be converted by food administration orders and warnings; in the event of severe penalties of up to $20,000.

Article 36 operators engaged in the acquisition, processing and storage of food are in breach of article 15 of this approach, which is being warned by the responsibility of the food administration and which can be fined up to 5,000.

Article 37 operators engaged in food storage violate the provisions of article 16 of this approach, which is redirected by the food administration and warned that they can be fined by $ 10,000.

In violation of article 17, article 18 of this approach, the food treasury and the purchase of food intrusive reports, which are ordered by the food administration and warned that they can be fined up to 1 million dollars; the voucher of the quality report, which is being converted by the responsibility of the food administration sector to warn that serious circumstances can be punished by a fine of up to 30,000 dollars.

Article 39 Food operators do not use food warehousing facilities, transport instruments, which are being retroactive by the food administration or the health sector, which are contaminated or incompatible with the food-using health standards, shall not be illegally sold, processed; their quality is in line with the health standards of feeding, transferred by the food administration sector to the person responsible for feeding, and are not in accordance with the standard of feeding, transferred to other safe uses or destruction by the food administration.

Article 40 of the relevant executive branch has the right to impose administrative penalties for the same violation of this approach, which is carried out by the first-in-chief department, and to impose administrative penalties for the same violation by the parties.

In violation of this approach, the Regulations on the Management of Food circulation and other relevant laws, regulations and regulations provide for administrative sanctions.

In violation of this approach, criminal responsibility is held by law.

Article 40. The Food Administration and other relevant supervisory authorities and their staff have one of the following acts, either by the superior administrative body or by the relevant sectoral duty orders, to be administered by the responsible person in accordance with the law;

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

(ii) The intentional harassment or receipt of money in activities such as the approval of food purchase licences, the opening of the food-contingent market or the special market for food oil;

(iii) The granting of food purchase licences in accordance with statutory conditions and procedures;

(iv) Disadvantages, malfeasances, negligence or abuse of authority in oversight management;

(v) Other violations of this approach should be held accountable for administrative responsibility.

Article 42, the Government and its head of the working sector, or the responsible person, violate the provisions of this approach, which include one of the following acts, shall be governed by the law:

(i) Excellence of food buyers, payment, fees or other payments;

(ii) Unfinishing the current food reserve mandate and causing serious consequences;

(iii) To dispose of the basic facilities of the State's food warehouse without approval;

(iv) Violations of food emergency provisions do not carry out their duties.

Chapter VII

Article 43 refers to the conversion of food as a source of raw materials for industrial production and for industrial production, feeding, raising, etc.

Article 44 deals with amounts, “numbers” and “after” of the amount covered by this approach; the food value is covered by the transaction and other based on the inventory cost.

The acquisition, sale, storage, transport, processing, import and export of royalties, and the acquisition, sale, oil and vegetable oils in Article 42 apply to this approach, in addition to the provisions of Articles 5 to 10.

Article 46 This approach was implemented effective 10 January 2007.