Liaoning Provincial People's Government On The Amendment Of The Decision Of The Liquor Regulations, Liaoning Province

Original Language Title: 辽宁省人民政府关于修改《辽宁省酒类管理办法》的决定

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(January 5, 2007 the 69th meeting of the people's Government of Liaoning province considered by people's Government of Liaoning province, on January 17, 2007 announced as of March 1, 2007, No. 204) Provincial Government decided on March 30, 2001 published by the Liaoning Provincial alcohol regulations read as follows: the eighth paragraph is changed to: in addition to obtain liquor production license of enterprises directly engaged in the production of wine wholesaling business,
    Other enterprises and individual industrial and commercial households engaged in the wholesale liquor business, should also be made after obtaining the business license wholesale liquor license.
    In addition, fourth paragraph, second and fifth words of the fourth paragraph is adjusted.
    This decision shall take effect on March 1, 2007.

    The Liaoning Provincial alcohol regulations be revised according to this decision, are hereby promulgated anew.
    Attached: Liaoning province wine class management approach (2007 amendment this) (on March 30, 2001 Liaoning Province Government makes released, on January 17, 2007 according to Liaoning Province Government on modified straddling Liaoning province wine class management approach of decided Amendment) first article for strengthening wine class commodity management, specification wine class production sales order, break place blockade, promote wine class circulation, protection consumers of lawful rights and interests of, according to about legal, and regulations, combined I province actual, developed this approach.
    Second wines mentioned in these measures refers to all kinds of liquor, wine, rice wine and other liquor (not for medical use wine).
    Article in the province within the administrative area of wine production and business activities of the units and individuals, must comply with these measures.
    Fourth of provinces, cities and counties (including County-level cities and districts, the same below) economic management, quality and technical supervision, commodities, industrial and commercial administrative departments in accordance with the statutory duties, is responsible for the supervision and management of alcohol.
    Economic management is responsible for the management of wine production and coordination, according to the national industrial policy, alcohol production planning in their respective administrative areas.
    Quality and technology supervision administration is responsible for the quality of wine supervision, the administration of production license and wine quality investigation of violations.
    Commercial administrative department is responsible for the supervision and administration of alcohol circulation.
    Industrial and commercial administrative departments responsible for wine production and operation enterprises registration, advertising, brand management and liquor market investigation of violations.
    Fifth of liquor production through a permit system. Of obtaining liquor licenses is not provided for by the State, are allowed to produce liquor products.
    But self-produced except.
    Prohibition of the production of forged, altered, lent, resold liquor licenses.
    Liquor license review and issue, by the provincial quality and technical supervision and administrative authorities and the province's economic management departments according to the relevant regulations of the State organization.
    Sixth encourages wine producers to improve product quality and packaging quality, developing grain low-alcohol wine, fruit wine, scale operations. Seventh alcohol producers must implement the national standards, industry standards, local standards and enterprise standards.
    Alcoholic products must be factory quality control, inspection, issue a certificate. Unqualified products factory for sale is strictly prohibited.
    Alcohol is strictly forbidden the use of industrial alcohol production and additives are harmful to human health, is prohibited from producing fake and shoddy products.
    Article eighth made liquor production license of enterprises directly engaged in the production of wine wholesale business, other enterprises and individual industrial and commercial households engaged in the wholesale liquor business, should also be made after obtaining the business license wholesale liquor license.
    Liquor wholesale license, subject to the following conditions: (a) a fixed place of business, (ii) health permit; (c) storage facilities, measuring instruments and testing equipment; (d) the inspection and personnel familiar with wine knowledge (v) laws and regulations, as well as other conditions stipulated by the State. Nineth liquor wholesale license shall submit written applications, commercial administrative departments at or above provincial.
    Commercial administrative departments shall, from the date of receipt of the application materials in the 10th, to meet the requirements, issued by the administrative departments of the province circulation printed wholesale liquor license; does not meet the stipulated conditions, inform the applicant in writing.
    Tenth operators that have been liquor wholesale license, can be engaged in the wine wholesale business activities.
    Forgery, alteration, lent, resold wholesale liquor license.
    11th province in the production of wine are sold outside the province, the Administration requested supporting documents outside the province, the relevant administrative departments should support and going through corresponding formalities in the 7th. 12th bulk wine labeling packaging sales should be implemented.
    Liquor management departments at all levels should take measures to phasing out the bulk wine market.
    13th alcohol managers may engage in alcohol, not processing against the liquor, not to enterprises ' purchase liquor without a liquor license.
    14th region, and no unit or individual shall not be unlawful in any way is prohibited or restricted liquor in local circulation.
    15th article any unit and individual is prohibited distribution of counterfeit and poor quality wine.
    16th, advertising agents and advertisement publishers shall not provide liquor-free license or a liquor wholesale business advertisers, released on alcohol advertising. 17th quality technology supervision administration departments and industrial and commercial administrative departments shall conduct supervision and inspection on the wine market.
    Find counterfeit and poor-quality wine, sequestration or seizure immediately, social publishing warning notices in a timely manner, and be punished according to relevant laws and regulations. 18th for alcohol violations in the production and wholesale activities, consumers can complain to the relevant administrative departments, reported.
    Relevant administrative departments, reporting shall promptly investigate and deal with complaints.
    19th commercial Administrative Department, and the quality and technical supervision administration production and sale of alcoholic drinks and industrial and commercial administrative departments shall establish communications systems, according to Cha Liu finds the principle of combining and the Cha Yuan flow, co-ordination, shall investigate and handle production and distribution of fake and poor-quality liquor.
    20th in violation of the fifth paragraph these measures, not provided for by the State acquire a liquor license production of liquor, the quality and technical supervision administration authority shall be ordered to stop production, has illegally obtained, fines of between 10,000 yuan and 30,000 yuan; no illegal income, and fined a maximum of 5000 Yuan and 10,000 yuan.
    21st in violation of the fifth paragraph these measures, production of forged, altered, lent, resold liquor license, revoke the licence by the quality and technology supervision administration bulletin, has illegally obtained, more than 5000 Yuan and 30,000 yuan fines; no illegal income, fines of between 500 Yuan and 10,000 yuan.
    22nd article violates the eighth paragraph these measures, operating without a liquor wholesale license liquor, the commercial administrative department or industrial and commercial administrative authority shall order to stop distribution of illegal gains, illegal gains more than 1 time penalty of 3 times, but shall not exceed a maximum 30,000 yuan; no illegal income, fines of between 500 Yuan and 10,000 yuan.
    23rd violates article tenth of the approach prescribed in the second paragraph, forged, altered, lent, resold wholesale liquor license, revoke the licence by the commercial administrative department bulletin, has illegally obtained, more than 5000 Yuan and 30,000 yuan fines; no illegal income, fines of between 500 Yuan and 10,000 yuan.
    24th disobey the 13th article alcohol managers engaged in alcohol, processing against the wine commodities or to the enterprises ' purchase liquor without a liquor permit, by the quality and technical supervision administration or circulation below 1000 Yuan and 30,000 yuan fines, administrative departments.
    Article 25th of fake or inferior wine, by the quality and technical supervision administration or administration of industry and commerce in accordance with the relevant laws and regulations shall be punished; the circumstances are serious, revoked its business license.
    26th article violates these measures set forth in the 14th, 16th, prohibited or restricted liquor circulation, or no liquor license, wholesale permits advertisers to publish ads, legally punished by the Administration for industry and commerce. 27th article wine class management, and supervision staff has following behavior one of of, by its where units or superior competent sector give administrative sanctions; constitute crime of, law held criminal: (a) abuse ban or limit field wine class commodity into local market of; (ii) not according to provides conditions junk wine class production license, and wholesale business license or no due reason refused sent, and late wine class production license, and wholesale business license of; (three) not according to provides charged wine class production license, and
    Wholesale permit fee; (d) dereliction of duty, malfeasance, and personal and property damage caused to consumers. 28th administrative punishments shall be in accordance with the People's Republic of China administrative penalty provisions of that Act.
    Liaoning province, fined and collected in accordance with the penalty decision and the implementation of the detailed rules for the implementation of separation of collection.
    Article 29th of this way as of March 31, 2001. This approach after the implementation of relevant provisions inconsistent with this approach, be abolished.
                                                                                Otherwise provided for by the State, from its provisions.