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Provisions Of Grain Circulation Management In Hebei Province

Original Language Title: 河北省粮食流通管理规定

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(Adopted by the 59th Standing Conference of the Government of the Northern Province on 17 January 2006 [2006] of the People's Government Order of 21 January 2006]

Chapter I General
Article 1, in order to protect the positiveness of food producers, preserve the legitimate rights and interests of the operators, consumers, regulate the food circulation order, guarantee food security, develop this provision in line with the State Department's Regulations on Food circulation and other relevant laws, regulations and regulations.
Article II engages in activities such as food acquisition, sale, storage, transport, processing, trans-shipment, export and import within the territorial administration of the province, and shall be in compliance with this provision.
Article 3. Food operation should be guided by the principle of voluntary, fair and genuine credit, without prejudice to the legitimate rights and interests of food producers, consumers and without prejudice to national interests and the public interest.
Article IV. Governments of more people at the district level should strengthen their leadership in food circulation and, at the request of the Chief Executive for Food Work, are responsible for the overall balance and food security in the current administrative region.
The Government's food administration is responsible for the administration, industry guidance for food flows within the current administration.
More than the people at the district level are responsible for work related to food flows within their respective responsibilities.
Chapter II Food operation
Article 5 Operators who purchase food for a year of profit must be subject to a licence for food purchase in accordance with the law.
The number of purchases is less than five kilograms of individual business workers and may not be subject to a food acquisition licence.
Article 6. Operators engaged in food acquisition activities shall have the following conditions:
(i) Enterprises have more than 200,000 purchase funds and reliable trusts, with funds not less than five million. The acquisition of funds by the individual business and industry is more than three thousand dollars;
(ii) Enterprises have more than 200,000 kilograms of effective war. Individual business and businessmen have more than 20,000 kg of effective warkeeping;
(iii) The acquisition of equipment, such as bathymetry, reservoirs, scales, and familiarity and user operators. The warehousing facilities are in line with the relevant provisions of the safe storage of food and food hygiene.
Article 7. Applications for a food acquisition licence shall be submitted to the same-level food administration, which is registered in the business:
(i) To apply for a licence for food purchase;
(ii) A copy of the identity card by the statutory representative (head-holder);
(iii) A copy of the licence of business or a letter of approval by the name of the enterprise;
(iv) A letter of credit or a personal deposit certificate;
(v) The property certificate of the warehousing facility or the lease contract;
(vi) Report on the inspection of the equipment for the purchase of instruments by the statutory inspection body;
(vii) Training certificates from the Food Administration to the personnel involved in the purchase of equipment.
Article 8. The food administration sector should complete the review within 15 days of the date of receipt of the application, make a conditional licence decision, make it public and issue a food acquisition licence. A written decision on non-licensability is made by law and reasons for it.
The food acquisition licence is codified by the Ministry of Food Administration of the Provincial People's Government in the form prescribed by the State.
A new enterprise or an individual business worker established under article 9, shall be registered in accordance with the law to the same level of business administration after obtaining a food acquisition licence. The business administration sector should indicate the acquisition of food in its scope of operation.
A registered enterprise or an individual business household in the business administration sector shall also apply for food acquisition licences. After obtaining a food acquisition licence, a change in the scope of operation is registered by law to the business administration sector. The business administration sector should increase food acquisition in its scope of operation.
Article 10 After the expiry of the period, continued food acquisition activities should be carried out in accordance with the law of the licensee.
Contrary, painting, transfer, rent or borrowing of food purchase licences are prohibited.
Article 11. The operators involved in the acquisition of food shall comply with the following provisions:
(i) Accreditation and prices of food in the acquisition area;
(ii) The implementation of national food quality standards, in terms of quality, without prejudice to the interests of farmers and other food producers;
(iii) The timely payment of food payments to the solder himself;
(iv) No other person may be charged with any taxation, fees and other payments;
(v) Accept the Government of the People's Government to commission the purchase of food.
Article 12
The acquisition of food outside the province should be registered in the business administration sector of the local government of the acquisition area by law and with a copy of the food acquisition licence to the food administration sector. No unit or individual in the place of acquisition may impede and discriminate.
Article 13 engages in activities such as food sales, storage, transport, processing, import and export, and, after registration in the business administration, the same-tier food administration should be provided.
Article 14.
(i) Implementing national food quality and sanitation standards, which are not subject to slackening, complacency, secession of food sold from items that may be contaminated with food;
(ii) Non-sumption, monopoly or manipulation of food prices, bullying of hegemonies;
(iii) Acquaints of marketing agents with the general capacity to identify food quality;
(iv) Health certificates are obtained by persons who sell food products.
Article 15. The operators involved in food storage shall comply with the following provisions:
(i) The warehousing facilities are consistent with the relevant standards and technical norms of national security reserves;
(ii) Foods shall not be confused for different years and shall not be confused with items that may be contaminated with food;
(iii) Soil and disease pests are stored separately and are sold or destroyed in accordance with the relevant provisions;
(iv) Intoxication of warehousing facilities, control of food pests and breeds, etc., the use of chemical pharmacies outside the State's prescribed varieties or ultra-dose of chemical agents. The residue of pharmacies exceeds the country's standard, without treasury, processing and marketing;
(v) Safeguarding of food-chemical agents in accordance with relevant national provisions;
(vi) In excess of the regular storage base, quality recognition should be carried out by qualified food quality testing agencies.
Article 16 Transport of food should strictly implement the technical norms of national food transport, without the use of contaminated transport tools or the transport of food materials.
Article 17 operators involved in food processing shall comply with the following provisions:
(i) Access to food production permits and safe market access signs for food quality;
(ii) Food processers receive health certificates through health inspections;
(iii) The non-using of the processing of food-fuels manufactured products of the mileic raw materials shall not be in violation of the provisions for the use of food additives;
(iv) The quality of the products of the plant and the net content of the packaging are in accordance with the relevant national provisions and the packaging materials are in line with national health standards;
(v) The regular food stock for processing is not less than the quantity required for the processing of 7 days.
Article 18 operators engaged in food acquisition, sale and processing must maintain the necessary food stock. The Government of the province is in accordance with the minimum or highest standards for the stock.
Article 19 operators engaged in food acquisition, sale, storage, processing, trans-shipment, export and import activities should implement the provincial Government's food administration system, the statistical sector-approved food circulation statistics system, the establishment of food operators and the provision of basic data and related information to the food administration sector at the district level above the location. The time period for food operators to retain food operators cannot be less than three years.
The food administration sector at the district level should conduct statistical surveys, summaries and analyses, as required by the food statistics system, and be reported on a case-by-step basis.
Chapter III
Article 20, the Government of the province adopts the necessary administrative instruments, such as reserve food annexation, the commission of acquisitions, the import and export of food, and price interventions, to strengthen the regulation of the food market and to maintain the basic balance and the basic stability of the total food supply and demand throughout the province.
The municipalities and the communes (communes) governments in the districts should take the corresponding food-transfer measures to maintain the basic balance of local food demand and basic price stability.
Article 21 establishes a food reserve system in provinces and municipalities. The provincial people's Government determines the size of the provincial food reserves and the lowest size of the municipal food reserves. The municipalities in the area determine the size of local food reserves in accordance with the lowest size of the food reserves granted by the Provincial Government.
Article 2 The Food Risk Fund is used mainly for direct subsidies to food farmers, interest in reserve food loans and management costs, poor food prices incurred by the people's Government in using reserve food, policy-based food finance interest subsidies and sterilization.
The financial sector of the people at the district level is responsible for the financing and supervision of the Food Risk Fund and ensures the exclusive allocation.
Article 23, when the State decides to impose a minimum price for food in a given form, the Government's food administration sector at the district level may entrust the owner with the acquisition of the food purchase.
For farmers to sell food in accordance with national quality standards at the lowest price of buying, the licensee of the food purchaser shall not be denied.
The licensed food purchaser performs the acquisition obligation while enjoying the corresponding rights.
Article 24 states that when market food prices exceed a certain scale or may increase significantly, the Government of the Provincial People may intervene in prices, in accordance with the provisions of the People's Republic of China price law. After market food prices stabilize, intervention should be lifted in a timely manner.
Article 25 states that when major natural disasters, major epidemics or other sudden-onset events trigger the abnormal fluctuations in food markets, the Government of the more than the population at the district level should initiate food emergency preparedness cases in accordance with the relevant provisions. Food operators must assume emergency missions at the request of the current people's Government to ensure the needs of the response.
Article 26
Chapter IV Oversight inspection
In accordance with the relevant provisions of the State, the Food Administration has conducted monitoring inspections of food acquisition licences by food operators for food purchases, storage, transport activities and policy food purchases and implementation of the food circulation statistics system.
In accordance with the relevant laws, regulations, the Quality Technical Monitoring Unit conducts oversight inspections of the issue of non-food production licences for food processing, the use of non-approved food additives or addnts exceeding permitted limits and the quality of products in the food processing chain and health, metrics, food-class packaging.
In accordance with the relevant laws, regulations and regulations, the business administration sector conducts oversight inspections of unjustifiable business practices in the event of food sales.
In accordance with the relevant laws, regulations and regulations, the health administration sector conducts oversight inspections of acts that are harmful to the health of the food process, the licensor's health and the material storage of raw substances or changes in mass health.
Article 31, the price authorities, in accordance with the provisions of the relevant laws, regulations, monitor the purchase price of foodstuffs without providing for the enforcement of price violations such as minimum purchases, non-implementation of price interventions.
Article 32 implements the requirements for the inspection of food circulation and is included in the financial budget after approval by the same financial sector.
Chapter V Legal responsibility
Article 33 governs the management of food circulation by one of the relevant departments and staff members, which is being converted by a superior administrative authority or by a related sectoral order, to be administratively disposed of by the responsible person in accordance with the law; and in the event of a serious offence, to be held criminally liable by law:
(i) Illegal intervention in the normal operation of food operators;
(ii) The intentional harassment of persons applying for food purchase licences or the receipt of money;
(iii) The granting of food purchase licences in accordance with statutory conditions and procedures;
(iv) Provision of false evidence for the application of a food purchase licence;
(v) Other abuses of authority, omissions, provocative fraud.
Article 34, in violation of article 5, paragraph 1, of this provision, is punishable by the food administration, the business administration sector, in accordance with the relevant laws, regulations, regulations and regulations.
Article 33 15, in violation of article 6 of the present article, provides for the acquisition of food purchase licences by means of misappropriation, bribery, dismissal of food acquisition licences by the food administration, suspension of business licences by law, confiscation of proceeds of conflict, and criminal liability under the law.
Article 36, in violation of article 10, paragraph 2, of the present provision, is fined by more than two thousand dollars in the food administration sector. The circumstances constitute serious crimes and are criminally prosecuted by law.
In violation of article 11, paragraph 2, of the present article, the food administration was warned by the food administration to correct the order; the refusal to rectify it could impose a fine of more than 200,000 dollars in the enterprise service, and a fine of up to 20,000 dollars in the individual business and industry. In the event of a serious nature, the food acquisition licence was cancelled.
In violation of article 11, paragraph 3, of the present article, the food-disbursed person has reported and checked that the food administration has warned that the period of time has been responsibly changed; the payment of more than 30 days could be accompanied by fines of up to five million dollars; the payment of less than ninety days for less than 60 days could be fined by more than 10 million yen; the payment of more than 90,000 yen and the fine of more than 200,000 dollars. In serious circumstances, a moratorium or the lifting of a food acquisition licence was suspended.
Article 39, in violation of article 11, paragraph 4, of this provision, is warned by the food administration to correct the period of time; fines that can be added and double the amount of contributory payments, shall not exceed $200,000. In serious circumstances, a moratorium or the lifting of a food acquisition licence was suspended.
Article 40, in violation of article 15, paragraph 6, of this provision, has been warned by the food administration to correct orders; to refrain from modifying the fines that are more than twice the value of the treasured food; to find that the food is not tested is stereotyped with a fine of more than three times the value of the treasured food; to know that it is known to be the stereotyped food that it is still not treated with the relevant provisions, and to impose a fine of more than three times the food value. In serious circumstances, the business administration sector may revoke the licence of business by law.
Article 40, in violation of article 18 of this provision, is warned by the food administration to correct the period of time; severe circumstances, inadequate or more than five times the value of food in part of the standard, may be eliminated. In serious circumstances, the business administration sector may revoke the licence of business by law.
Article 42, in violation of article 19 of this provision, does not establish a food operation bank or a food operator's account for a period of less than three years, which is warned by the food administration to change the time limit and may impose a fine of up to five thousand dollars of the enterprise service and a fine of up to one million dollars for the individual business. The situation is serious, the suspension or the removal of the eligibility for food purchase.
In violation of article 19 of the present provision, the basic data and related circumstances of the food operation were not reported, and the food administration was warned that the period of time was to be converted to a fine of up to 20,000 dollars of the enterprise service and treasury of the individual business and business unit. Rebels, seizures, denial of basic food data and related circumstances, and misleading, are fined by more than 500,000 dollars in the Food Administration. In serious circumstances, a moratorium or the lifting of a food acquisition licence was suspended.
Article 43 violates this provision by dealing with sectoral responsibilities such as financial, commercial administration, quality technical supervision, health, prices, and penalties imposed by the authorities in accordance with the provisions of the law, regulations and regulations.
Annex VI
Article 44 of this provision refers to food-for-food-for-food-producing activities, including feeding, alcohol, alcohol, flour, and food-dependent food feeding.
The acquisition, sale, storage, transport, processing, import and export of royalties, in addition to articles 5, 6, 7, 8, 9, 10, 12 and 12 of the Article, shall apply this provision.
Article 46 states that military food supply units, as determined by the food administration, should also be implemented, in addition to complying with the relevant provisions of the State relating to the supply of food.
Article 47