Henan Province Implementing The Regulation On Grain Circulation Management Approach

Original Language Title: 河南省实施《粮食流通管理条例》办法

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(May 18, 2006, Henan provincial people's Government, the 140th general meeting on June 5, 2006, 100th release from the people's Government of Henan province as of July 1, 2006) first to protect grain producers ' enthusiasm to promote grain production, protect legal rights of operators, consumers, ensuring national food security, maintaining the order of grain circulation, according to the grain circulation management regulation, combined with the facts of the province, these measures are formulated.
    Article in within the administrative area of the province engaged in grain purchase, sale, storage, transport, processing, import and export operations, shall comply with the Ordinance and these rules, the grain circulation management.
    Third food administration departments at or above the county level shall be responsible for the administration of grain circulation management, industry and services.
    Above the county level development and reform, finance, industry and commerce administration, quality supervision, public health, price and other departments in their respective areas of responsibility within the grain circulation management, supervision and services. Fourth among the various market players engaged in the grain trade activities, the promotion of fair competition. Food business activities are governed by the laws of the State of the law.
    Strictly prohibited illegal means to impede the free flow of food.
    Food business shall follow the principle of voluntariness, fairness, honesty and credibility shall not prejudice the legitimate interests of grain producers, consumers, and must not harm the interests of the State and social public interests.
    Fifth engaged in grain purchasing activities of legal persons and other organizations should be examined by the food administration departments at or above the county level, obtain qualifications for grain purchase. For profit acquired perennial food and have a fixed place of business, annual acquisition capacity of 100 tons or more of individual industrial and commercial households, food administration departments at or above the county level shall be subject to audit, obtain qualifications for grain purchase.
    Other individual businesses engaged in grain purchase activities, without having to obtain qualifications for grain purchase.
    Administrative Department for food grain license shall not charge any fee.
    Sixth engaged in grain purchasing activities needed access to food purchase qualifications operators shall meet the following conditions: (a) has the ability of business financing; (b) owns or on loan with its grain size of grain storage facilities, (iii) its grain size of food quality testing equipment, measuring instruments and storage capacity.
    Article seventh application in food acquisition activities, food administration departments at or above the county level shall provide the following materials: (a) the grain purchase eligibility checklist for, (ii) proof of funds and (iii) business premises, storage facilities and storage capacity, (iv) food quality testing equipment and measuring instruments are equipped with proof. Article eighth grain purchasing eligible applicants to submit application materials complete, in compliance with the statutory form, Food Administration Department should be accepted on the spot.
    Application materials are incomplete or not in compliance with the statutory form not admissible, it shall, on the spot or within 5 working days from the date of receipt of the application once inform all applicants need to supplement content fails to inform the, shall be accepted as of the date of receipt of the application materials.
    Nineth Food Administration Department should be completed within 15 working days from the date of acceptance of audit, to comply with the conditions specified in article sixth of applicants to make licensing decisions, issued the grain purchase license and be publicized; no permission, and shall state the reasons in writing.
    Forgery, transfer, lease or loan the grain purchase license. Article tenth of the grain purchase license by the Food Administration Department of the province, according to the national food administration printed in the format specified by the Department.
    Grain purchase eligibility application, acceptance of materials such as rich text printed by the Food Administration Department of the province.
    11th food purchaser name, legal representative, business premises and other changes, should be to the original administrative change with grain licensing authority. 12th the grain purchase licence is valid for 4 years.
    Needs to extend the expiration, should be the grain purchase license expires 30th apply to the issuing authority.
    Issuing authority shall, in accordance with the applicant's application in the grain purchase licence whether or not to approve the extension before the expiry of decision not to continue, should be explained in the written decision reasons for fails to make a decision, considered to approve the extension. 13th operators engaged in grain purchasing activities in business activities shall comply with the following provisions: (a) placed in a fixed place of business suspension or the grain purchase licenses and business licenses. Out acquisition food Shi, should carry carry food acquisition license copy and the license copy; (ii) to sale grain who told or in acquisition places announced acquisition food of varieties, and price and quality standard; (three) implementation national food quality standard; (four) price based on, shall not pressure level prices; (five) using by statutory measurement test institutions test qualified of measurement apparatus, shall not it's; (six) timely to sale grain who paid sale grain paragraph, shall not arrears
    And shall not accept any organizations or individuals entrusted withholding any payments; (VII) report periodically to the Food Administration at the county level, where grain variety, quantity and other relevant circumstances; acquisition of trans and report regularly to the acquisition of food administration at the county level grain variety, quantity and other relevant circumstances; (VIII) other obligations provided by laws, rules and regulations. 14th article engaged in edible food processing activities of operators should comply with following provides: (a) has guarantee food processing quality and health of essential conditions; (ii) shall not using moldy metamorphic of cereal, and by-product processing; (three) shall not violation provides using additives; (four) products quality by itself test or delegate test meet national about provides; (five) packaging material meet quality, and health standard, packaging real upload Ming food varieties, and grade, and factory plant site, and factory date and contact phone, matters; (six) legal
    Obligations, regulations, rules and regulations. 15th article engaged in food sales activities of operators should comply with following provides: (a) by sales of food meet quality, and health standard, sales personnel has anti-insect, and anti-rat, and anti-metamorphic, and anti-pollution, food health knowledge, has senses identification food quality of General capacity; (ii) edible food of packaging real upload Ming food varieties, and grade, and factory plant site, and factory date and contact phone, matters; (three) price, shall not it's, and doping fake, and shoddy; (four) shall not hoarding, and
    Monopoly or manipulating food prices, dominate and (e) other obligations provided by laws, rules and regulations. 16th article engaged in food store activities of operators should comply with following provides: (a) warehouse facilities should meet food store about quality, and health standard and technology specification requirements; (ii) different harvest annual of food should separate store; mildew and the pest over provides standard of food should separate store, and according to about provides sales or for destroyed processing; with quarantine object of food should according to national about provides processing; (three) on warehouse facilities cleanup disinfection, and food pest and mold control and out rat processing, , Should according to national provides of technology specification for, shall not using national ban using of chemical pharmacy or excess using chemical pharmacy, and according to national provides and technology specification do chemical pharmacy of security custody; (four) chemical pharmacy residues volume over national standards of food, shall not out library; (five) on over normal store years of shall sow the, in out library Qian should after statutory of food quality test institutions for quality identification, where has Chen of metamorphic, and not meet edible health standard of food, is strictly prohibited into rations market.
    Standard shall sow, sale, processing and monitoring of specific measures, in accordance with the relevant provisions of the State; (f) the laws, regulations and other obligations under the regulations.
    17th article transport food must strictly implement national food transport specification, must not use polluting means of transport or transport food packaging materials. 18th all grain purchases, sales, storage, processing, operators of food grain, animal feed, industrial enterprises, national and provincial statistics of grain circulation system should be performed, and submission to food administration at the county level, where food purchases, sales, storage and other basic data and information.
    Food business operators to submit the basic data and information of commercial secret, confidential Food Administration Department.
    19th food food circulation management of the Administrative Department shall, in accordance with the Ordinance and these rules for food business operators engaged in grain purchase, storage, transportation, activities and policy of grain purchase and sale activities, as well as on the implementation of the national statistical system of grain distribution supervision and inspection.
    Food Administration verifying the qualifications for grain purchase should be in accordance with national requirements.
    Food Administration in the process of supervision and inspection, can enter the operators of food premises to check food inventory and acquisition activities, storage of grain quality and grain sanitation; check whether the grain storage facilities and equipment meet technical norms of the State; access to information related to food operators, documents; investigations to units and personnel know what is happening. Article 20th Governments of provinces, the provincial government established the grain reserve system.
    Food reserves are determined by provincial people's Government. 21st people's Governments of provinces, cities established grain risk fund system. Grain risk fund for grain farmers direct subsidies, support food reserves, stabilizing the grain market, and so on.
    Use, supervision and management of the grain risk fund according to the relevant State regulations, ensure that the earmark.
    22nd when significant changes in the relationship between grain supply and demand, the State Council decided to implement the minimum grain purchase prices, specified in accordance with State trading enterprises shall, in accordance with the minimum grain purchase prices of food, and in accordance with the relevant regulations of the corresponding rights. When the dramatic increase in food prices, or likely to rise sharply, and provincial people's Government, in accordance with the People's Republic of China price provisions of the Act, price interventions. But price intervention measures taken after the, should be relieved.

    23rd food administration of the development and reform authorities above the county level in conjunction with the departments concerned, such as response to major natural disasters, major outbreaks and other emergency causing abnormal fluctuations in market supply and demand of grain food emergency plan, reported to the people's Government at the same level.
    24th in violation of this regulation, in accordance with the regulations on grain circulation management and State regulations will be punished.
                                                25th article of the rules take effect on July 1, 2006.

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