Xiamen Alcohol Regulations (Amended In 2006)

Original Language Title: 厦门市酒类管理规定(2006年修正本)

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(October 3, 1996, Xiamen City people's Government, announced on December 29, 1997, the Xiamen City Government Decree the 44th 69th, the Xiamen Municipal Government announced on April 16, 2002, of the decision on amendments to regulations published by the Xiamen City people's Government, the 101th on repealing, amending part of the Xiamen municipal government regulations decision of September 9, 2006 and released by the Xiamen City people's Government, the 122th Xiamen municipal people's Government on modification,
    Stop the operative decision of the municipal regulations revised) Chapter I General provisions article to improve wine production and circulation of supervision and management, halting the production and sale of fake alcohol, maintaining the wine market order and protecting the legitimate rights and interests of consumers, in accordance with relevant regulations of the State, according to Xiamen situation, these provisions are formulated.
    Article in the city engaged in wine production (including processing and conversion) and circulation of the units and individuals shall comply with this regulation.
    Third Xiamen City Economic Development Department for industry management of alcohol production.
    Xiamen wine authorities, district and trade authorities commissioned wine management bodies and other relevant institutions (hereinafter referred to as alcohol management) in accordance with these provisions to monitor the alcohol circulation management.
    Business, technical surveillance, inspection, health Administrative Department in accordance with the laws and regulations to supervise the duties on wine production and circulation management.
    Article fourth wine in these rules includes liquor, wine, fruit wine, beer, liquor, tonic wines and alcohol, imported wine, liquor and other alcoholic beverages, but not approved by the medicines authority provided for by the State in the production of wine.
    Chapter II, article fifth plans of production management to regulate liquor development, encourage the production of high-quality wines and low alcohol wine, limited production of high-alcohol wines.
    Sixth Xiamen City Economic Development Department jointly with other relevant departments in accordance with State and Xiamen's industrial policies and market demand, wine production and development planning.
    Seventh article engaged in wine class production, must has following conditions: (a) meet national and Xiamen industry policy; (ii) reached provides of production scale; (three) meet national provides of food consumption index; (four) has ensure wine class products quality of production conditions; (five) wine class meet national provides of health standard; (six) legal, and regulations, and regulations provides of other conditions.
    Comply with the conditions prescribed in the preceding paragraph, to register with the Administrative Department for industry and commerce enterprises in accordance with law, may engage in wine production.
    Eighth wine production enterprises shall, in accordance with the relevant laws and regulations on product quality management, products must be carried out in strict quality inspection before they go out, not qualified shall not ex-factory sales of alcohol.
    Production of counterfeit alcohol is strictly prohibited. Nineth production must meet the health standards for drinking water quality of wine, wine alcohol class use, must conform to the national standards.
    Prohibit the use of non-alcoholic drinks alcohol, raw materials or additives.
    Tenth wine production enterprises should strictly observe rules on food labeling standards and alcoholic beverage labeling standards, wine label should state the name and address, date of production, raw materials, shelf life, alcohol and so on.
    Liquor using high quality product logo or text must be State Awards, award, and time.
    11th joint venture production of high-quality wine, should be a unified formulation of raw materials, production processes, quality standards, product testing, and indicate the origin of the company name and address.
    12th development of wine products, shall, before the sale of the new products manufactured in Xiamen City Economic Development Department and liquor authority records.
    13th wine production enterprises shall produce and sale of semi-annual report on alcohol management. Third chapter circulation management 14th article engaged in wine class commodity wholesale activities of units or personal (following referred to wholesale who), should in made license Hou 30th within, holding following material to city wine class management institutions handle record registration procedures: (a) enterprise corporate license or license, and health license of copies; (ii) has related wine class commodity local distribution right of written proved and distribution wine class commodity of record wine sample, and commodity identifies sample; (three) wholesale domestic wine, Issued by the relevant wine makers of the business license or a business license, copy of the health certificate of distribution and wine quality certificates; include wholesale industrial products production permit system products and shall provide a copy of the production license.
    Wholesale imported wine, issued by the entry-exit inspection and quarantine authorities of the health certificates issued by copies and the imported food labels issued by the quality and technical supervision Department copy of the certificate of approval.
    15th city liquor authority shall on the date of receipt of the written application materials within 5 working days from the filing formalities, issuing liquor wholesale registration certificate, and through the Web site or other form of the executive authorities, to the public; the application materials are incomplete or do not meet the conditions, shall at once inform all applicants need to supplement content. 16th wine business wholesale changes or other registered particulars, shall from the date of change in the 30th city liquor regulators handle the change.
    Liquor authority within 5 working days from the date of receipt of the written material handling procedures, and announced to the public.
    Article 17th when wholesale wine wholesale must offer wine retailers (hereinafter referred to as retail) provide a stamped seal and indicate the wholesale business varieties and specifications, alcohol, quantity, lot wholesale liquor accompanying a single and consistent documents.
    Retailers set out check came with the wholesale liquor business and indicate the lot number.
    18th retail should be in accordance with the provisions of relevant competent departments of the State liquor authority for registration procedures. Article 19th liquor wholesale, retail purchase, alcoholic drinks should be to obtain the quality certification and acceptance of product quality.
    No proof of quality wines, may not be sold.
    Prohibit wholesale, retail of fake alcohol.
    20th confiscation of alcohol in liquor management institutions under the supervision of the law.
    21st engaged in alcohol marketing activities in alcoholic drinks must be reported to authorities for the record.
    22nd wine out of Xiamen, arrived to transport permit is required, the carrier may apply to the liquor authority wine shipping permit. Fourth chapter of supervision and inspection article 23rd wine management bodies and business, technical supervision and other departments on alcohol production and circulation based on spot checks of supervision and inspection.
    Supervision and inspection, right to test the wine, ask the parties and persons concerned, access to the account and other related information, access to the place of business, check storage areas. Article 24th liquor law enforcement officers when conducting supervision and inspection, shall produce certificates.
    No papers, was rejected by the examiner checks.
    25th consumer and social organizations as well as media agencies to protect consumer interests, right to exercise social supervision over quality of wine and supervision by public opinion. 26th article of any unit and individual have the right to alcohol management bodies and other relevant departments to report violations of the provisions of the Act.
    Liquor authority and other competent authorities should keep their informants confidential, and appropriate incentives.
    Fifth chapter penalty provisions article 27th in violation of the provisions of article 14th, 16th article wholesale does not register or change from the liquor authority, district, and trade authorities warn, ordered to rectify; overdue refuses, the seriousness of penalty of between 2000 to wholesale, and announced to the public.
    28th in violation of the provisions of article 17th, wholesale, wholesale wine does not provide wholesale liquor accompanying form or document is not consistent, by liquor authorities, district, and trade authorities warn, correction, and available to the public; it refuses, the seriousness of penalty of between 5000 and announced to the public.
    29th under any of the other acts in violation of these provisions, by liquor authorities, industry and commerce, technical surveillance, health Administrative Department in accordance with their respective responsibilities be ordered to desist from the illegal act, shall be punished according to law.
    30th in violation of this provision constitutes a crime, the judicial organ shall investigate its criminal responsibility.
    31st wine management bodies or functionaries of other administrative departments, malpractice, neglect their duties, given administrative sanctions in accordance with the regulations, constitutes a crime, the judicial organ shall investigate its criminal responsibility.
                                                                        Sixth chapter supplementary articles article 32nd these provisions come into force on the date of promulgation, liquor monopoly, Xiamen, Xiamen City people's Government promulgated on December 18, 1990, the provisional regulations on management of repealed simultaneously.