Zhejiang Provincial Grain Reserves Management

Original Language Title: 浙江省地方储备粮管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(July 28, 2008 Zhejiang Province Government makes No. 249, announced since September 1, 2008 up purposes) first chapter General first article to strengthening on place reserves of management, guarantee place reserves number real, and quality good and store security, maintenance food market stable, effective play place reserves in macro-control in the of role, according to food circulation Management Ordinance, and reference central reserves Management Ordinance, combined this province actual, developed this approach.
    Article within the administrative area of this province, and participation in local reserve units and individuals engaged in managing and supervising the activities shall abide by these measures.
    Third local grain reserves in these measures refers to the province, city divided into districts (hereinafter referred to as the city) and counties (cities, districts, the same below) shall reserve for regulating the administrative areas under the jurisdiction of food supply and demand, stabilizing the grain market, and respond to major natural disasters or any other public emergency, such as grain and edible oil.
    Fourth place responsible for grain grading, grading in reserve.
    Provincial people's Government is responsible for local grain reserves across the province, determine the scale of local grain reserves in the province, develop ordered provincial, city and County local grain reserve program, urging implementation of the plan.
    City and county governments are responsible for the level of local grain reserves; implementation of local grain reserves plan issued by the provincial people's Government, according to the size of local food consumption increase reserves, determines the reserve structure implementation funding for reserves and warehousing facilities; strengthening the management of grain reserves, and ensure the quantity, quality and safe storage of the local grain reserves.
    Fifth food administrative departments of the people's Governments above the county level (hereinafter referred to as the food sector) is responsible for the level of local grain reserve administration, guidance and coordination of lower local grain reserves management of the food sector to local grain reserves the quantity, quality and safety supervision and inspection storage.
    Fiscal Administrative Department of the people's Governments above the county level (hereinafter referred to as the financial sector) is responsible for arranging the local grain rotation of loan interest, management fees and subsidies (including cost of rotation and the rotation differential subsidy) and other financial subsidies to ensure timely and adequate funds, and is responsible for the implementation of the local grain subsidies to implement supervision and inspection.
    The agricultural development Bank in accordance with the relevant provisions of the State, in full and on time needed to arrange local grain loans, local grain reserve lending and credit monitoring. Sixth regional grain storage enterprises (hereinafter referred to as enterprise storage) by the people's Governments above the county level determined in accordance with the conditions laid down in article 20th, specific local grain reserves management and responsible for local grain quantity, quality and storage safety.
    Storage enterprise may not engage in other food business has nothing to do with the local grain reserves.
    Storage enterprises should receive food, financial departments and audit organs shall conduct supervision and inspection.
    Article seventh local grain reserves should be managed in accordance with "reservoir, tube well, adjust it, and can use" requirements, establish a strict management system, ensuring that local grain quantity, quality and storage security, and cost savings and costs.
    Eighth article of any unit or individual is allowed to cheat in any way, squeezing, intercept or appropriate local grain loan and loan interest, management fees, wheel, for subsidies and other subsidies. No unit or individual may disrupt local grain reserve storage facilities may not be theft, looting or destroying local grain reserves.
    Relevant departments of the people's Governments above the county level to undermine local grain reserve storage facilities, theft, looting or destroying the local grain reserves of violations should be stopped and investigated and dealt with in a timely manner.
    No unit or individual is allowed to local grain reserves and local grain reserve storage facilities guarantee foreign or external debt. Nineth no units and individuals for violations of local grain reserves management has the right to report it to the food sector, as well as other related departments at all levels.
    Accept the report of the administrative organ shall promptly investigate; reporting matters not governed by this Executive, accept the report of the administrative organ shall promptly transfer the right to Executive; accept the transfer of the administrative organs shall deal with and communicated the result of the executive authorities of the transfer.
    Chapter II the local grain reserves plan and rotation of the tenth province-local grain reserve scale and number of province, city and County plans to reserve, in conjunction with the development of the food sector reforms, financial sector, by province, according to relevant regulations of the State, the province's grain production and demand, government regulation needs and the capacity of the financial proposal, submitted to the provincial people's Government for approval after release.
    11th of municipal and county governments according to local needs and the financial capacity to ensure complete local provincial grain reserve on the basis of, you can increase the number of reserves and food, development and reform, the financial Department of the province.
    12th grain departments at all levels should, in conjunction with the Ministry of finance proposed local grain reserves annual rotation plan, the people's Governments at the corresponding level for approval. 13th annual rotation schedule of approved local grain reserves by the food sector, in conjunction with the Ministry of finance and agricultural development issued by the Bank to the enterprise storage, Enterprise Storage Organization.
    Food, financial departments shall supervise the implementation of the plan of rotation.
    14th Enterprise shall, according to the different varieties of food storage period of safety stock to local grain reserves balanced rotation, ensure grain quality due to weather or natural disasters causes grain storage quality, should not be stored at, should arrange the rotation. 15th save in exceptional cases, local grain reserves replenishment of rotation should be completed within 5 months of the grain reserves.
    Storage to the food production enterprises shall directly order the replenishment source; such as replenishment order when food sources should be at a wholesale food market through public procurement or other replenishment of national provisions.
    Rotation after the end of replenishment, storage enterprises should entrust a qualified food quality inspection institutions to identify storage food quality.
    16th out of rotation of local grain reserves, should be addressed through public bidding to sell the grain wholesale market, or sold through other State regulations. Place of national grain reserve storage for more than the prescribed number, shall, in accordance with relevant regulations of the State, commissioned by the enterprise storage food quality inspection institutions to conduct quality and identification of qualified.
    Identified is determined to deterioration, do not meet hygienic standard of edible local grain reserves, should be dealt with in strict accordance with the relevant provisions of the State, not into the food market.
    17th enterprise storage should be in the rotation after replenishment within 15th, local grain reserves annual rotation plan detail levels for the implementation of the food sector and financial departments, and copied to a local bank for agricultural development. 18th place closed operation of grain reserve needed to funds, earmarked.
    Enterprise storage in the agricultural development Bank to open a settlement account. Chapter local grain reserve storage 19th people's Governments above the county level shall be in accordance with the "relatively concentrated, convenient scheduling and storage safety" principle to lay out the local grain reserve storage sites.
    Provincial-level grain reserve is mainly composed of provincial grain reserves stock, municipal and county-level grain reserves should gradually concentrated in municipal and County Centre for grain storage. 20th article bearing storage enterprise should has following conditions: (a) warehouse capacity reached must of scale, warehouse conditions meet national standards and technology specification of requirements; (ii) has and food store requirements, and food warehouse type, and food access library way, and food type, and food store cycle, phase adapted of warehouse equipment; (three) has meet national standards of reserves quality detection instrument and places, has detection reserves library temperature, and water, and pest density of conditions; (four) has after professional training of food custody, and test, and
    Control of management and technical personnel; (e) the management status and the reputable, no serious illegal business records.
    21st enterprise storage at the time of buying local grain reserves, should be strictly enforced local grain reserves management laws, regulations, rules, standards and technical specifications, ensure the storage grain and oil meet the stipulated quality requirements.
    Enterprises should strictly implement the grain and oil storage specifications storage, assurance of the quality of local grain reserves, storage security.
    Encourage enterprise storage applications advanced storage technology and modern management methods, improve the level of grain and oil storage.
    22nd enterprise storage should be a sound quality management system, establishing quality file, strict implementation of the periodic inspection on local grain storage and quality inspection system found local grain quantity, quality and storage of major issues such as security, food sector should report to the corresponding level.
    23rd enterprise storage should be imposed on local grain storage keep custody, special accounts, personal records, using a single account, card tables, and warehouse licensing, timely, accurate and complete reporting of the various grain report must not making false statements on or concealing, underreporting, refusing to report.
    Storage enterprises should establish and improve the local grain reserve physical inventory ledger, local grain reserves accounts consistent accounts, reconciliation line, account card match, matches accounts.
    Article 24th grain storage enterprises should be the right place to take the necessary preventive measures, establishment of local grain reserves of fire, theft, flood prevention and safety management system and identify those responsible.
    Enterprise storage emergency preparedness should be developed, in time of disasters threatening the local grain security, should activate emergency response plans in a timely manner and take effective measures to reduce losses.
    25th reserve enterprises may not adulteration of fake, shoddy local grain reserves, not allowed to SWOP, change the repository.
    26th reserve enterprises for cancellation according to law, dissolution or bankruptcy as a result of force majeure, natural disasters or other reasons do not have local grain reserve storage conditions, its stocks of local grain reserves by the food sector are responsible for alternative repositories. 27th due to force majeure, local grain loss caused by natural disasters, by the food sector, in conjunction with the same level of finance and Agriculture Development Bank, is being examined in a timely manner, written off. Local grain reserves is missing due to mismanagement, mildew and other losses, the enterprise storage on its own.

    28th enterprise storage capacity is low, may be entrusted with other grain companies of the conditions specified in article 20th storage.
    Enterprise storage and storage enterprises conclude storage contracts, specifying the rights, obligations and liability for breach of such matters, and the storage enterprise storage business is strictly regulated.
    Storage Enterprise shall, from the date of contract signing in the 15th, the storage contract food and financial departments at the same level.
    The provisions of article 21st to 25th, applies to the enterprise storage.
    Fourth chapter of local grain reserves application of article 29th grain departments at all levels should improve the local grain reserves the use of early warning mechanisms, strengthening requires monitoring of local grain reserves, timely recommendations propose local grain reserves.
    Without the approval of the people's Governments above the county level, and no units or individuals may use the local grain reserves.
    30th under any of the following circumstances, available provincial grain reserves: (a) food in parts of the province or obvious shortage or abnormal fluctuation of food prices require provincial-level grain reserves, (ii) in cases of major natural disasters or any other public emergency may require the use of provincial grain reserves and (iii) Provincial Government deems it necessary to use the provincial-level grain reserves in other circumstances. Provincial grain reserve use programmes, submitted by provincial grain authorities and the development and reform, financial departments, and submitted to the provincial people's Government for approval.
    Use programmes should include the use of cereals, variety, quantity, quality, price, use, transport and so on.
    31st food sector of the province, according to the provincial people's Government provincial-level grain reserve use of programme orders using order by provincial-level grain reserve storage, food, business and sector-specific organizations.
    Relevant sectors and grain local people's Government at the provincial level for provincial grain reserve use of command execution, should be given assistance.
    Without authorization, no unit or individual may refuse to carry or to change the provincial grain reserves the use of commands.
    32nd city, county-level grain reserves available, reference to provincial-level grain reserve use provisions and food, development and reform, the financial Department of the province.
    Article 33rd start food emergency plans at all levels need to tap local grain reserves, in accordance with the relevant regulations of the emergency. The fifth chapter 34th levels of supervision and inspection of food sector and the financial sector in accordance with their respective responsibilities, to strengthen the management and supervision of local grain reserves according to law.
    In supervision check process in the, can exercise following terms: (a) on place reserves of number, and quality, and varieties and the store security situation and subsidies funds using situation for check; (ii) on place reserves annual rotation plans and use command of implementation situation for check; (three) on food warehouse facilities, and equipment whether meet national about technology specification and standard for check; (four) access place reserves business management of about information, and voucher, to units and personal survey, and understand related situation.
    Inspectors engaged in law enforcement activities, should adhere to the principle, loyalty, fairness, honesty and self-discipline.
    35th article levels food sector, and financial sector in supervision check process in the, found place reserves of number, and quality, and varieties, and store security and subsidies funds using, aspects exists illegal case of, should ordered bearing storage (generation storage) Enterprise immediately be corrected or processing; on bearing storage (generation storage) Enterprise exists of not for store place reserves situation of, food sector should ordered its deadline rectification; on endanger store security of major problem, should immediately take effective measures be processing. Article 36th supervisory and inspective personnel shall make written records of supervision and inspection, and the signature of the inspectors and the inspected units.
    Head of the units under inspection refuses to sign, and the situation supervisory and inspective personnel shall be recorded.
    37th audit institutions in accordance with the Audit Act into the people's Republic of China under the terms of reference and procedures for local grain storage enterprises carry out audit supervision; find problems should be dealt with according to law in a timely manner.
    Article 38th storage (storage) enterprise on food, financial departments and supervisors and inspectors of the auditing departments to perform their duties, should be fit.
    No unit or individual may refuse or obstruct or interfere with inspectors to perform their duties of supervision and inspection. 39th agricultural development Bank should be in accordance with relevant regulations of the State, strengthen credit supervision to local grain reserves loans.
    Storage enterprise of credit of the agricultural development Bank in accordance with law, regulation, shall cooperate and timely provision of relevant information and circumstances.
    40th sixth chapter legal liability under the people's Governments above the county level in violation of the system, resulting in local grain reserve program is not implemented, or major food quality accident occurs, leaders and other persons directly in charge of, by the authority in accordance with administrative privileges be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    41st article levels food, and financial sector violation this approach provides, has following behavior one of of, by this level Government or superior competent sector ordered corrected; on directly is responsible for of competent personnel and other directly responsibility personnel, by right to organ according to management permission give administrative sanctions; constitute crime of, law held criminal: (a) not according to this approach 12th article, and 13th article of provides timely approval and issued place reserves annual rotation plans of;
    (Ii) refused to organization implementation or unauthorized change place reserves annual rotation plans and use command of; (three) no due reason, not on time allocated place reserves related costs, caused place reserves cannot implementation or effect place reserves security of; (four) crowding out, and interception, and misappropriated place reserves loan and loan interest, and management costs, and rotation subsidies, subsidies of; (five) for supervision management poor, caused place reserves was unauthorized use or occurred major bad grain accident of;
    (Vi) found that local grain quantity, quality problems not ordered in time for storage (storage) businesses to correct or that the major issues that threaten local grain reserve storage security, does not take immediate and effective measures to address and report in accordance with the provisions, and (VII) receiving the report, found the violations do not promptly investigated. 42nd store (storage) enterprise in violation of the rules of any of the following acts, shall be ordered to correct by the food sector, the fines of between 50,000 yuan and 10,000 yuan.
    On belongs to national staff of directly is responsible for of competent personnel and other directly responsibility personnel give disciplinary; constitute crime of, law held criminal: (a) false, and concealed place reserves number of; (ii) in place reserves in the doping fake, and shoddy of; (three) misappropriated and unauthorized use, and rotation place reserves of; (four) unauthorized SWOP place reserves varieties and quality grade of; (five) cheat, and misappropriated place reserves loan and loan interest, and management costs, and rotation subsidies, subsidies of;
    (Six) refused to implementation or unauthorized change place reserves annual rotation plans and use command of; (seven) to place reserves or place reserves warehouse facilities foreign for guarantees or settlement debt of; (eight) for natural disasters, force majeure reasons, has not has place reserves storage conditions, not timely reported about situation caused place reserves loss of; (nine) for management poor or emergency disposal poor, caused serious bad grain accident or food major loss of. Article 43rd storage (storage) enterprise in violation of the rules of any of the following acts, shall be ordered to correct within the food sector; it fails from 3000 Yuan and 30,000 yuan fines; the circumstances are serious, the fines of between 50,000 yuan and 30,000 yuan. On belongs to national staff of directly is responsible for of competent personnel and other directly responsibility personnel give disciplinary; constitute crime of, law held criminal: (a) storage of place reserves not meet quality grade and national standards requirements, or not established quality archives, or out storage food not according to provides for quality identification of; (ii) on place reserves not implemented designed warehouse save, and hand custody, and designed account records, or not by provides timely, and accurate submitted reserves statistics report and real Taiwan account, or account account inconsistent, and
    Does not match the accounts; (c) the problem does not take effective measures in a timely manner, do not report in a timely manner on major issues or concealment. Section 44th reserve companies in violation of the relevant provisions of the measures, resulting in loss reserves, under storage storage of enterprise liability.
    Enterprise storage can be agreed upon in the contract of storage to storage companies recover.
    45th article violates these rules, undermining local grain reserve storage facilities, theft, looting, damage to local grain reserves, to constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized, causing property losses, the violator shall bear liability.
    Seventh chapter supplementary articles article 46th city and county governments in accordance with this regulation, level grain reserves to develop specific measures for its implementation.
                                                                                                                    47th article of the rules take effect on September 1, 2008.