Provisions Of Grain Circulation Management In Hebei Province

Original Language Title: 河北省粮食流通管理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(January 17, 2006 Hebei Province Government 59th times Executive Conference considered through January 21, 2006 Hebei Province Government makes [2006] 1th, announced since March 1, 2006 up purposes) first chapter General first article for protection food production who of enthusiasm, maintenance operators, and consumers of lawful rights and interests of, specification food circulation order, guarantees food security, according to State food circulation Management Ordinance and the other about legal, and regulations, combined this province actual, developed this provides.
    Article in within the administrative area of the province engaged in grain purchase, sale, storage, transport, processing, transformation, import and export operations, shall comply with this regulation.
    Article III food business activities should be voluntary, the principles of 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.
    Fourth people's Governments above the county level shall strengthen leadership on food circulation, requested by the Chief Executive in charge of food, in charge of the overall balance between food and food security within the administrative area.
    Food Administration Department of the people's Governments above the county level responsible for the administration of grain circulation management, industry guidance.
    Development and reform, the people's Governments above the county level financial, industrial and commercial administration, health, price, quality and technology supervision departments within the scope of their respective duties, responsible for grain-related work.
    Chapter II food business section fifth profit acquired perennial food operators must be registered according to grain purchase licenses.
    Annual purchase volume of less than 50,000 kg individual, can not handle the grain purchase licence. Article sixth operators engaged in grain purchase activities, subject to the following conditions: (a) the enterprise has more than 200,000 yuan purchasing funds and reliable credit, own funds of not less than 50,000 yuan. Individual industrial and commercial households has more than 30,000 yuan funds; (b) the effective capacity of enterprises with more than 200,000 kg. Individual industrial and commercial households more than 20,000 kilograms of effective capacity and (iii) has water gauge, test weight, grain purchasing instruments and equipment such as scales and familiar properties, use the operators.
    Warehousing facilities are safe grain storage and food hygiene regulations.
    Seventh article application food acquisition license, should to handle business registration of sibling food administration sector submitted following material: (a) application food acquisition license audit table; (ii) statutory representative people (head) ID copies; (three) license or Enterprise name advance approved notice copies; (four) funding letter proved or personal deposits proved; (five) warehouse facilities property proved or rental contract; (six) statutory measurement verification institutions issued of food acquisition instrument equipment test report;
    (VII) issued by the administrative departments of food grain purchase equipment operator training certificate. Food administrative authorities shall accept the application of the eighth date of 15th to complete the examination, licensing decision on eligible, be publicized, and grain purchasing licenses.
    Does not meet the requirements, according to law no permission and a written decision, and explain the reasons.
    Grain purchase license by the Food Administration Department of the provincial people's Government as printed in the format prescribed by the State. Article newly created enterprises or businesses, food should be made after the purchase of the license, by law to register with the Administrative Department for industry and Commerce established at the same level.
    In its scope, the industrial and commercial administrative departments shall indicate the grain purchase. Registration in the Administration for industry and commerce enterprises or individual engaged in acquisition activities should also be applied for food grain purchase licenses. In food acquisition, with the permission of the law to register with the Administrative Department for industry and Commerce change of business scope.
    Industrial and commercial administrative departments should increase grain purchases in its scope. Article tenth of grain purchase licence is valid for three years.
    Needs to continue to engage in food acquisition activities after the expiry, it shall be to the original issuing authorities for continued procedure.
    Forgery, alteration, transfer, lease, or lend the food acquisition licenses.
    11th article engaged in food acquisition activities of operators should comply with following provides: (a) in acquisition places publicity food of acquisition varieties and price; (ii) implementation national food quality standard, to quality fixing prices, shall not damage farmers and other food production who of interests; (three) timely to sale grain who I paid grain paragraph; (four) shall not accept others delegate generation buckle any tax, and fee and the other payments; (five) accept Government delegate acquisition food.
    12th lawfully engaged in grain purchase activity not subject to administrative restrictions. Outside the province, the province of purchasing grain, it shall acquire the County industrial and commercial administration departments for industrial and commercial registration, and the grain purchase licence to food Administration Department.
    Acquisition of any unit or individual may obstruct or discrimination.
    13th food sales, storage, transport, processing, import and export operations, after the registration in the Administration for industry and commerce shall be made to the Department of food administration at the same level.
    14th article engaged in food sales activities of operators should comply with following provides: (a) implementation national food quality and health standard, shall not it's, and doping fake, and shoddy, by sales of food and may pollution food of items phase separation; (ii) shall not hoarding, and monopoly or manipulation food price, and dominate the; (three) marketing personnel familiar food anti-insect, and anti-rat, and anti-mildew, and anti-pollution common sense, has senses identification food quality of General capacity;
    (D) the marketing of finished food health check, officers obtained a health certificate. 15th article engaged in food store activities of operators should comply with following provides: (a) warehouse facilities meet national security storage grain of about standard and technology specification; (ii) different harvest annual of food shall not mixed save, shall not will food and may on food produced pollution of items mixed save; (three) mildew and the pest over standard provides of food separate store, and by about provides sales or destroyed processing; (four) on warehouse facilities for disinfection, and on food pest and mold for control, and out rat,, State regulations shall not be used other than the chemical or overdosing with chemicals.
    Pharmaceutical residues exceeding the national standard of food, not out, processing and marketing; (v) according to the relevant regulations of the State to stored food chemical safety keep working; (vi) above the normal storage life of the food out of the library, should be made by a qualified quality food quality inspection institutions.
    16th transport food should strictly implement the national food transport specification, must not use polluting means of transport or transport food packaging materials.
    17th article engaged in food processing activities of operators should comply with following provides: (a) made food production license and food quality security market access logo; (ii) food processing personnel by health check made health proved; (three) shall not using moldy metamorphic of raw materials processing agri-manufactures, shall not violation provides using food additives; (four) factory products quality and packaging NET content meet national about provides, packaging material meet national health standard;
    (E) grain for processing normal stock of not less than the amount of processing needed by 7th. Article 18th operators engaged in grain purchase and sales, processing activities, must maintain the necessary food stocks.
    Provincial inventories of the lowest or highest standard required in accordance with the regulations. Article 19th engaged in grain purchase, sale, storage, processing, transformation, import and export activities of operators shall implement the Food Administration Department of the provincial people's Government develop system of grain circulation statistics, Statistics Department, establish the cereal business account, and submission to the Food Administration Department of the people's Governments above the county level, where grain purchases, sales, storage and other basic data and information.
    Operators of food keep food business accounts for not less than three years.
    Food Administration Department of the people's Governments above the county level should according to the food requirements of the statistical system of survey, summary and analysis, and escalation.
    Chapter 20th provincial people's Government to take macro-control of grain handling, delegate acquisition, import and export of food and other necessary administrative means, such as economic instruments and pricing interventions to strengthen regulation of the grain market, keeping prices basically stable and the balance between food supply and demand in the province.
    District municipal and County (City) food regulation of the people's Governments shall take appropriate measures to maintain the balance between food supply and demand in the local and basic price stability. 21st of provinces, districts, establishing grain reserves system. Provincial people's Government to determine provincial grain reserve size, minimum size of grain reserves, and districts.
    District municipal people's Government on the basis of minimum size of grain reserves assigned by the provincial government, local grain reserves. 22nd provincial people's Government, establish and improve the grain risk fund system.
    Grain risk fund for grain farmers direct subsidies, reserve food loan and management costs of subsidies, Government reserves of food the food spread spending, principal policy financial credit card interest subsidies of food and digestion.
    Financial Department of the people's Governments above the county level are responsible for grain risk funds and financing of the supervision and management to ensure that earmarks.
    23rd national decisions on a variety of minimum purchase prices for grain, Food Administration Department of the people's Governments above the county level may entrust a grain purchase acquisition of qualifications operators organization.
    Sold at a minimum purchase price of the farmers to meet the national quality standard for food, entrusted with the grain operator may refuse.
    Entrusted with the grain purchasing managers to fulfil purchase obligations, as well as enjoy the corresponding rights. 24th market food prices exceeded a certain level, or can rise significantly, the provincial people's Governments may, in accordance with the People's Republic of China price provisions of the Act, qualified post rates, profit margins and set limits for price intervention measures. After market prices stable, and deregulation in a timely manner.

    25th article of a major natural disaster, a major epidemic caused by food or other emergencies when abnormal fluctuations in market supply and demand, the people's Government above the county level shall be in accordance with the relevant provisions of start a food emergency.
    Food business operators must, in accordance with the requirements of the people's Governments at the corresponding level take on emergency tasks, ensure that emergency needs.
    26th the people's Governments above the county level shall food administration and the development and reform authorities and the agriculture, statistics, price, quality and technology supervision departments are responsible for food supply and demand situation of the market monitoring and early-warning analysis, establishing food supply and demand system of spot checks, publish quality of food production, consumption, prices, and other information.
    The fourth chapter 27th grain administration of supervision and inspection in accordance with the relevant provisions of the State on food operators engaged in grain purchase, storage, transportation, activities and policy of grain purchase and sale activities, as well as supervise and inspect the implementation of the statistical system of grain circulation, to verify the grain purchase licence.
    28th of quality and technology supervision departments in accordance with the provisions of relevant laws and regulations, no food production licenses to engage in food processing, use of unauthorized food additives or additive used exceeds the allowable limit and product quality and hygiene in food processing, measurement equipment, food packaging and other problems of supervision and inspection.
    29th industrial and commercial administrative departments in accordance with the provisions of relevant laws and regulations, without a license (permit) management, scope management of food and food sales activities in the unfair business practices of supervision and inspection.
    30th the health Administrative Department in accordance with the provisions of relevant laws and regulations on food processing, sales manager of health permits and grain stockpiles of finished products are toxic and hazardous substances pollution or harm people's health such as bad conduct supervision and inspection.
    31st the price administrative departments in accordance with the provisions of relevant laws and regulations on food operators not complying with the provisions of public grain purchasing price and not in accordance with the provisions of the minimum purchase price, not supervise and inspect the implementation of price controls and other price-related violations.
    Articles 32nd to implement requirements for supervision and inspection of grain circulation, after approval by the financial departments included in the budget.
    Fifth chapter legal responsibility 33rd article food circulation supervision management about sector and the staff has following behavior one of of, by superior administrative organ or about sector ordered corrected, on about responsibility people law give administrative sanctions; plot serious constitute crime of, law held criminal: (a) illegal intervention food operators normal business activities of; (ii) on application food acquisition license of personnel for deliberately bewilders or received money real of; (three) not by statutory conditions and program issued food acquisition license of;
    (D) to apply for grain purchase licence to provide false testimony, (v) other acts of abuse of authority, dereliction of duty or engages in.
    34th article violates provisions of the first paragraph of this article fifth, the Food Administration Department, the Administration for industry and commerce in accordance with the relevant laws, rules and regulations shall be punished.
    35th in violation of the provisions of article sixth, obtained by fraud, bribery or other improper means grain purchasing licenses, the Food Administration Department to cancel grain purchasing licenses, industrial and commercial administration departments revoked business licenses, confiscate the illegal income; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law. 36th article violates provisions of the second paragraph of this article tenth, the Food Administration Department fines of between 5,000 yuan and 20,000 yuan.
    If the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law. 37th in violation of the provisions of article 11th second, be warned by the Food Administration, correction; it refuses, the enterprise a fine of less than 20,000 yuan and 200,000 yuan, individual businesses of less than 1000 Yuan and 20,000 yuan fine.
    In serious cases, cancel the grain purchase licenses. 38th article violation this provides 11th article third items provides, exhibits grain who reported and verified of, by food administration sector be warning, ordered deadline corrected; owes pay 30th above insufficient 60 days of, can and at 50,000 yuan following of fine; owes pay 60 days above insufficient 90 days of, can and at 50,000 yuan above 100,000 yuan following of fine; owes pay 90 days above of, can and at 100,000 yuan above 200,000 yuan following of fine.
    In serious cases, suspend or cancel its grain purchase licenses. 39th in violation of the provisions of article 11th fourth, the Food Administration Department warning, rectification; may also withhold, pay the tax amount 1 time penalty, but shall not exceed a maximum of 200,000 yuan.
    In serious cases, suspend or cancel its grain purchase licenses. 40th article violation this provides 15th article sixth items provides of, by food administration sector be warning, ordered corrected; refused to corrected of, at out library food value 1 time times above twice times following of fine; found out library without test of food in the has Chen of grain of, at out library food value twice times above three times times following of fine; on knows is Chen of grain still not by Chen of grain sales processing about provides out library of, at out library food value three times times above five times times following of fine.
    In serious cases, industrial and commercial administrative departments can be legally revoked. 41st article in violation of the provisions of article 18th, the Food Administration Department warning, rectification are serious, inadequate or exceeds a standard part of the food value more than 1 time fined not more than five times, and can cancel the grain purchase qualifications.
    In serious cases, industrial and commercial administrative departments can be legally revoked. 42nd in violation of the provisions of article 19th, has not established a food business ledgers or food business account retention time of less than three years, the Food Administration Department warning, rectification, can enterprises, 50,000 yuan and the individual businesses to a fine of up to 10,000 yuan.
    In serious cases, suspend or cancel its grain purchase qualifications. Violation of the provisions of article 19th, does not submit the basic data and cereal business-related circumstances, the Food Administration Department warning, rectification, can enterprises of 20,000 yuan, and individual industrial and commercial households and 1000 Yuan fine. False, hide, refusing food basic data and information, deception, the Food Administration Department of between 50,000 yuan and 20,000 yuan fine.
    In serious cases, suspend or cancel its grain purchase licenses.
    43rd article violates this provision relating to finance, industry and commerce administration, quality and technical supervision, Department of health, price, by the relevant authorities in accordance with provisions of laws and regulations will be punished.
    Sixth chapter supplementary articles article 44th conversion with grain in these rules refers to grain as a raw material, the products no longer belongs to the category of food operations, including diet, alcohol, wine, brewing, starch, food grocery.
    Article 45th soybeans, oilseeds and edible oils by purchase, sale, storage, transport, processing, import and export business, apart from the fifth, sixth, seventh, eighth, Nineth and tenth, 12th provisions, these provisions shall apply.
    Article 46th food rations supply unit in the administrative departments, in addition to complying with relevant provisions of the State supply of relevant provisions, and shall implement the relevant provisions of these regulations.
                                                                                            47th article of the regulations come into force on March 1, 2006.

Related Laws