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Guizhou Provincial Alcohol Circulation Management

Original Language Title: 贵州省酒类生产流通管理办法

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(Summit 4th ordinary meeting of the Government of Honour, 14 April 2008, to consider the adoption of Decree No. 106 of 21 April 2008 of the People's Government Order No. 106, dated 1 July 2008)

Chapter I General
Article 1 protects the legitimate rights and interests of consumers, producers and salesers and promotes the development of alcohol-based industries in accordance with the relevant national laws, regulations and regulations.
Article 2 refers to alcoholic drinks that are more than 0.5 per cent of alcohol (dol content) of alcohol, including fertilization of alcohol, evasion, distribution of alcohol, food use of alcohol and other drinks containing alcohol components. The State's relevant administrative authorities approve the production of medicines by law, with the exception of health-care food.
Article III applies to alcohol production, circulation activities and their supervision in the territorial administration.
Article IV. The Ministry's Government's quality technical supervision and the economic trade administration are responsible for the management of alcohol-based production supervision in this province, and the business administration is responsible for the management of alcohol-flow surveillance in this province.
The Government's quality technical supervision and the economic trade administration authorities are responsible for the management of alcohol-based production supervision within this administrative area, and the business administration authorities of the above-mentioned people are responsible for the management of alcohol-transfer oversight in the present administration.
In accordance with their respective responsibilities, the government of the above-mentioned people and the relevant administrative authorities, such as the business, health, prices, public safety, testing and quarantine.
Chapter II Production management
Article 5 enterprises engaged in the production of alcohol types within the territorial administration should be in accordance with the industrial policies, production planning and the requirements of the State and the province, as well as licensing of production of industrial products in accordance with the Regulations of the People's Republic of China.
The labelling of alcohol products should be in line with the “prescription of pre-phase foods” and the “prescription” of pre-phased feeding drinks”, in a marked location of QS mark and indicating the production licence number and place of production, the name of the product for the packaging of the drink should reflect the real attributes of the product and the correctness and accuracy of the material in the table. The name of the producer and the address shall be registered by law.
Article 7. Wage products should be accompanied by a qualified certificate, which should indicate the number of production permits and be added to the symbol QS, mark the name of the product, the distribution form, the product implementation criteria, the date of production, the duration of the insurance (other than the wine and the amount of alcohol exceed 10 per centvo1), the name of the producer, the address.
The name of the alcohol should reflect the real attributes of the product and the correctness and accuracy of the material listed in the table; the name of the producer and the address should be registered in accordance with the law.
Article 8. By entrusting processing methods for the production of treatment of alcohol categories, the licensee shall be an employer of the manufacturer that has obtained a licence for production, and the products of the alcohol that are commissioned for the production process should be fully delegated to the enterprise.
The production of white alcohol in the process of processing should be carried out to the licensor for the production of industrial products at the provincial level where the enterprise is entrusted and the licensee for the processing of other alcohol products, and to entrust the parties with the approval of a licence authority for industrial production in the area established by the location.
The name and address of the company and the licensed enterprise should be given to the labelling of the alcohol products commissioned.
Article 9
(i) Stimulate, adapt, take advantage of production permits or produce alcohol types over licence limits;
(ii) The use of alcohol, non-food alcohol and other non-food-used raw materials;
(iii) Behing in good condition, with compassional, pre-emptive or non-qualified products;
(iv) Fering the place of production of products, forfeitureing or intrusing the name, place of the other's plants, and the mark of the certification, the use of international standard product symbols, special features for the protection of products, brands, e-regulations, etc.;
(v) Constraint with another product by direct or indirect implying sex language, graphics, symbols that would result in consumer purchase of drinks or drinks;
(vi) Other acts prohibited by law, regulations.
Article 10 Farmers may not carry out a licence for production on the ground for self-production or self-moval. However, the provisions of article 9 of this approach shall not be in violation of the provisions of article 9 of this scheme; the use of alcohol to produce white alcohol.
The first paragraph should be made available to local communes, the commune of the town, and the Government of the town should be strengthened.
Chapter III
Article 11 However, the bar-producing enterprises sell their products in their production places, which may not be subject to a licence for the sale of bars, hotels, catering points, sale points, etc.
In accordance with the preceding paragraph, the seller who has not processed the sale licence shall be placed in the same business administration in the registered local business administration.
Article 12
The communes, the Government of the State and the Regional Administration's Business Administration are responsible for the approval and implementation of the licences for the sale of alcohols in this administrative area.
The State-level Government's business administration is responsible for the first instance of the licences for the sale of alcohol in the present administration.
The licence for the sale of alcohol is synonymous and unified.
The following conditions should be provided for in Article 13:
(i) Health permits;
(ii) A licence of business;
(iii) There are tax registration certificates;
(iv) There are fixed operating sites;
(v) There is a sound management system;
(vi) Persons familiar with alcohol-based knowledge, alcohol-related provisions and standards;
(vii) Other conditions under the law, regulations.
Article 14.
Article 15. Farmers may not be subject to a licence for sale under article 10 of this scheme, but shall not exceed the required regional sales.
Article 16 provides that the business administration authorities shall maintain in full the application material for the licensee of the sale of the alcohol, establish the management of the archives, regularly report on the status of approval and make it available to society.
Article 17 shall not be deceived, forged, rented, sold and selling licences.
Article 18 Electors may not sell the alcohol to sell the licensee of the sale free of alcohol; the barr may not purchase the alcohol for operators without a licence for production or a licence for the sale of alcohol.
Article 19 Liberal operators (producers) should be required to complete the “coups” in the sale of alcohol commodities. The contents of the accompanying leaflet should include the name, address, contact, and name of the purchase unit, the date of sale, the name of the sale of commodities, specifications, place of production or date of production, quantity, unit, etc., and the chapter of the operator.
Article 20 Electronic operators (producers) should take the initiative of completing the Al-Final List, to walk alone and to request the accompanying list and a single shipment.
The bars are not subject to repeated use, transfer, opening, countering and selling.
Consumers are entitled to access the accompanying documents when they purchase alcohol.
Article 21, when the alcohol is procured by the licensor, the license of the goods, the health licence, the production of a licence or the sale of licences, the distribution authorization of the alcohol, the quality of the product, and the photocopy of the documents.
The import of alcohol should test the import food health certificate from the Quarantine Agency and request its copies.
Article 2, paragraph 2, should be established and used by alcohol-based procurement information management desks to ensure the authenticity, integrity and traceability of procurement information and to preserve the integrity of three years.
It was encouraged to establish and use electronic denominations.
Article 23 may not be sold to a minor and express in the place of operation.
Article 24
(i) The use of alcohol, non-food alcohol or other non-food chemical substances;
(ii) To be used in the form of vetting and sub-standard alcohol;
(iii) Contrary to the mark of the other registered trademarks, the intrusion of the use of the mark, the use of international standards, the designations of the geographical mark for the protection of the product, the patent mark, the name mark, the countermark, and the alcoholic category of violations of intellectual property;
(iv) The use of the name, place of origin, plant location, packaging, babies, or the unlawful use of the same name, packaging, babies, which are incompatible with the production of alcohol by other persons, resulting in misconceptions of the purchaser's perception as the type of alcohol produced by others;
(v) In labelling or marking, in direct or indirect implying sex language, graphics, symbols that would result in the consumer's consumption of the drink or drinkal alcohol in a form confused with another product;
(vi) Over and qualitative alcohol;
(vii) The import of alcohol, not in conformity with the standard provisions;
(viii) Laws, regulations prohibit the sale of other kinds of alcohol.
Article 25 Warehousing, Transport Services or Individuals of Business shall not provide warehousing, transport services for those who do not have “coups” or are not in compliance with the orders.
Reservations should be in line with the requirements for food health management, fire prevention and storage. The type of alcohol should be away from high-polluted, high-level radiation and should not be confused with toxic, harmful, corruptive items.
Article 26 is controversial to the quality of alcohol products, which are tested by the statutory quality test body and are tested.
Contrary to alcohol products, the legal quality test body or the manufacturer of the abuseive products are validated and validated.
Chapter IV Oversight management
Article 27 Production, circulation of administrative authorities and other relevant administrative authorities should enhance surveillance of alcohol-based markets, and be checked by law for the production and circulation of offences.
Article twenty-eighth production and circulation of administrative authorities should establish a system of surveillance of the alcohol industry, establish a credit file of the bar operators, form effective credit monitoring and misconception mechanisms and establish a system of surveillance of the alcohol, which should be addressed in a timely manner.
The following measures may be taken in the context of a monitoring inspection of alcohol production and circulation of administrative authorities:
(i) On-site inspection of places suspected of being engaged in the production and sale of alcohol;
(ii) Access, reproduction or recording of materials related to alcohol oversight matters;
(iii) To request the parties to provide clarifications on the issues related to alcohol surveillance;
(iv) Other measures under the law, legislation and regulations.
Competent operators should be subject to surveillance inspections, and, if available, they should not be denied or obstructed.
When alcohol production and circulation administrative authorities conduct oversight inspections, the head of the unit approves the registration of evidence that may be lost or otherwise difficult to obtain, and the registration period shall not exceed 7 days.
Article 33 Governments and their respective sectors should make full use of intellectual property instruments such as trademarks, patents to promote the development of alcohol-based production enterprises; in particular, the use of legal systems such as good geographical mark protection to protect the well-known products of alcohol in this province.
To encourage the establishment of industrial organizations on a voluntary basis by bar groups of production, movable enterprises and individual businessmen, the organization of the bar industry should establish and improve the self-regulation system of the industry and provide advice, services.
Chapter V Legal responsibility
In violation of this approach, the executive authorities, such as quality technical supervision, commerce, business and business, are punishable by law in accordance with their respective responsibilities.
Article 32, in violation of article 9, paragraph 5 (v), is correct and fines of more than 1,000 dollars.
Article 33, in violation of article 10, paragraph 1, article 15, provides for the production and sale of white alcohol, shall be responsible for the immediate cessation of production, sale, which may be fined by more than 1,000 dollars.
Article 34, in violation of this scheme, does not obtain a licence for the sale of alcohol by unauthorized means of selling the bar, imposes an immediate halt to the sale, which can be fined by more than 300 k$300,000; continues to sell or, in any case, a fine of up to 3,000 dollars.
Article XV violates article 17 of this scheme by fines of up to $20,000.
Article 16, in violation of article 18 of this scheme, provides for the sale of alcohol by bar operators to sellers without bars, for the purpose of halting sales and for fines of more than 1,000 yen.
The purchase of bars by the barr's licensee to the operators without the bar is responsible for halting the procurement and paying a fine of up to 30,000 dollars, causing serious consequences, which are revoked by the licensee.
In violation of article 20, paragraph 1, of this approach, the sale of alcohol categories by the barr does not complete the “coup” or the non-consistency of the shipment of the alcohol”; the improvise of the period of time; the delay of irrevocation, the closure of the sale and the imposition of fines of more than 1,000 yen; the failure of the distributor to request the Complementary of the Al-Timeage; the improvised period of time; the closure of sales and the imposition of fines of more than 1,000 million yen.
In violation of article 20, paragraph 2, of the present approach, more than 1,000 dollars was fined.
Article 338, in violation of article 21, paragraph 1, of this approach, imposes a period of time being converted; is overdue and fined up to $50 million.
Article 39, in violation of article 23 of this approach, stipulates that the person of the alcohol is not explicitly prohibited by the operator in the place of operation for the minor's drinks; that the period of time has been changed; that there are more than 100 million fines; that the alcohol is sold to a minor for the purpose of warning; and that, after warning, the sale of the alcohol to a minor is once again subject to a fine of more than 500 dollars.
Article 40 violates the provisions of article 24, subparagraph (v), subparagraph (vii), of this approach, and is responsible for the cessation of sales and for fines of up to 3,000 dollars and for local media announcements.
Article 40, in violation of article 25, paragraph 1, of this approach, warns and orders for a period of time to be rectified, with less than 1,000 dollars of fines.
In violation of article 25, paragraph 2, of the present approach, warnings were made and the time limit was correct; the delay was not rectified, with a fine of up to $20,000.
Article 42 imposes administrative licences under this scheme by an executive body, one of the following cases, which is not yet a crime, and is being restructured by its superior administrative body or by an inspectorate, and administrative disposition is given to the competent and other direct responsible persons directly responsible:
(i) Applications for administrative licences consistent with the statutory conditions are inadmissible;
(ii) The applicant who meets the statutory conditions shall not be granted administrative permission or shall not be granted administrative licence decisions within the statutory period;
(iii) To grant administrative licences to applicants who do not meet the statutory conditions or go beyond the statutory authority;
(iv) The grounds for non-admissibility of an application for administrative licence or non-administrative licences are not provided by law.
Article 43 XIII Abuse of authority, provocative fraud, negligence in the course of alcohol surveillance, has not been criminalized and administratively disposed of in accordance with the law, causing losses on the part of the party and pays liability under the law.
Annex VI
Article 44
Article 42