Administrative Measures On Grain Circulation In Hubei Province

Original Language Title: 湖北省粮食流通管理办法

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(June 20, 2005 Executive meeting consideration of Hubei Province on July 20, 2005, Hubei provincial people's Government promulgated as of September 1, 2005, order No. 276) first in order to regulate the order of grain circulation, protect legal rights of food producers, operators, consumers, ensure food security, according to the grain circulation Management Ordinance and the relevant regulations of the State Council, 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, transportation, processing, import and export operations of legal persons, other economic organization or individual shall abide by these measures.
    Food referred to in the preceding paragraph refers to wheat, rice, corn, grain, grains and their products. Article III food work of the people's Government in accordance with the request of the provincial Governor in charge of the province, is responsible for the overall balance between food and local food security.
    City (State), counties (including County-level cities, cities of area, the same below) under Government macro-control in the province, is responsible for the overall balance between grain and food security of the region.
    Food Administration Department of the people's Governments above the county level shall be responsible for the grain market in the area of administration, industry guidance and local grain reserves management development and reform, industry and commerce administration, quality supervision, public health, price, agricultural development banks and other departments in their respective areas of responsibility within the work connected with the grain circulation system. Article fourth grain purchase market access system.
    Acquired perennial food and for-profit food operators shall be examined by the food administration departments at or above the county level entry qualifications, handle the grain purchase license, registered with the industrial and commercial administrative departments at the same level, indicated in the scope of grain purchasing, may engage in food acquisition activities.
    Administrative Department for food grain purchase license shall not charge any fee.
    The grain purchase licence is valid for three years.
    Article fifth application for legal persons and other organizations engaged in grain purchase, subject to the following conditions: (a) the main grain-producing area business food corporations and other economic organization with more than 100,000 yuan (100,000 yuan) business financing, mountain operating food corporations and other economic organizations with more than 50,000 yuan (including 50,000 yuan) business financing, have a good financial credit.
    (B) the main grain-producing area business food legal persons and other organizations owned and on loan with over 100,000 kg, mountain operating food corporations and other economic organizations owned and on loan with more than 50,000 kg in line with the requirements of the technical specifications of grain storage in grain storage facilities.
    (C) legal persons engaged in food and other economic organizations owned or leased with grain size suitable to meet the requirements of the entire Sun tools, scales, grain moisture meter, such as sampling the food quality inspection facilities have full-time or part-time food safe-certified professionals. Article sixth all year round to buy food and have a fixed place of business, or annual acquisition capacity of 50 tons or more of individual businesses must obtain qualifications for grain purchase.
    Year acquisitions of less than 50 tons of individual businesses engaged in grain purchasing activities without eligibility for application for grain purchases.
    Individual eligibility criteria for grain purchase should have the ability to raise operating funds of more than 30,000 yuan.
    Article seventh application for operators engaged in grain purchase, should be in accordance with the principle of territorial management to the county or the food administration departments at or above the county level shall submit a written application, completing the return of the grain purchase qualifications and provision of identity cards, as well as funding, quality inspection, storage facilities and storage capacities and other relevant documents. Food Administration Department should be completed within 15 working days from the date of acceptance of audit, this article fifth and sixth requirements licensing and publicity to the applicants and issuance of the grain purchase license, shall notify in writing the applicant of the disapproval and the reasons why.
    Fails to provide a written notice to the applicant, regarded as qualified.
    In this way prior to the implementation of approved grain buyers, may continue to be engaged in grain purchase activity; but within three months after the implementation of these measures in accordance with the means to declare again grain purchase eligibility and approval, without grain purchase qualifications shall not continue to engage in food acquisition activities.
    Article eighth food operators engaged in grain purchasing activities shall conform to the following provisions: (a) to express the grain for sale or buying sites announced the acquisition of food variety, price and quality standard.
    (B) the implementation of national standards for food quality, fixing prices according to quality, not beat down the grade, not illegally manipulate food prices. (C) timely pay sold grain to the grain for sale, shall not be in arrears.
    Shall not accept any organizations or individuals entrusted withholding, paying any taxes, fees and other payments.
    (Iv) cross-county of purchasing grain, required to hold valid grain purchase certificate copy and duplicate of business license to purchase food administrative departments and industrial and commercial administrative departments at the county level, and periodically report on grain number and so on.
    (V) as stipulated in the national statistical system of grain circulation, set up accounts, and is located at county level or above the county level shall regularly submit the Food Administration grain purchase quantities, prices, quality standards and other relevant information.
    Nineth article engaged in food sales, and store, and transport, and processing (villagers use food processing except), and import and export, business activities of food operators and industrial with grain, and feed with grain enterprise, should in business administration sector registration, by national food circulation statistics system provides, established food business Taiwan account, regularly to food administration sector submitted food purchased into, and sales, and store, basic data and the about situation. Food grain storage facilities to the operators of the tenth, shall comply with the requirements of food storage-related standards and technical specifications.
    Food shall not be mixed with harmful substances for food contamination could occur, and storing food must not be used against the use of chemical or excessive use of chemicals.
    11th article engaged in edible food processing of operators should comply with following provides: (a) has guarantees food processing quality and health essential of processing conditions; (ii) shall not using moldy metamorphic of cereal, and by-product for processing; (three) shall not violation provides using additives; (four) shall not using not meet quality, and health standard of packaging material; (five) legal, and regulations, and regulations provides of other obligations.
    12th operators engaged in food marketing activities should be strictly related to food quality and health standards, not it's fake, shoddy, and doped, not hoarding, monopolies or manipulating food prices, dominate.
    13th engaged in grain purchasing, processing and marketing operators must maintain the necessary inventory.
    When the oversupply or shortage of the grain market, regulatory measures to be taken, drawn up by the province administration of temporary operators the minimum inventory quantity or highest inventory of a specific standard, submitted to the provincial people's Government for approval.
    14th under the State called for the establishment of local grain reserve system in our province, local grain reserve program issued by the level of Government, the implementation of mandatory management.
    15th when significant changes in the relationship between grain supply and demand, in order to protect the interests of grain growers, the State Council decided to focus on the shortage of minimum purchase prices for grain, grain purchasing enterprises designated by the State as minimum purchase prices for purchasing grain and in accordance with the relevant regulations of the corresponding rights.
    When the abnormal fluctuations in food prices in the province, and by the provincial government in accordance with the People's Republic of China price law stipulates that price intervention. 16th provincial grain risk fund system established.
    Grain risk fund for grain farmers direct subsidies, support food reserves, stabilizing the grain market, and so on.
    Article 17th provincial people's Government according to the actual situation of the province, develop early warning and emergency food in the province. Article 18th start food emergency plan, recommended by the Department of food administration at the same level and reported to the people's Government at the same level and reporting level people's Government.
    Food emergency start-up costs, finances should be protected at the same level.
    Article 19th food emergency plan started, all food business operators must take emergency tasks according to government requirements, follow the Government's unified arrangements and scheduling to ensure emergency needs.
    Article 20th food administration departments at or above the county level, food business operators should be engaged in grain purchase, storage, transportation, activities and policy of grain purchase and sale activities, as well as the implementation of the national statistical system of grain circulation of conducting supervision and inspection, verification of the qualification of grain purchases.
    21st product quality supervision departments in accordance with the provisions of relevant laws and administrative regulations, to food processing of doping, adulterate, impurities, shoddy, substandard products as qualified product violations, such as in the investigation, and is in charge of product quality supervision and inspection of food processing.
    22nd industrial and commercial administrative departments in accordance with the provisions of relevant laws and administrative regulations, for food business activities of undocumented, unlicensed and food sales activities and beyond in the hoarding, dominate, and hard sell and other disturbing the market order and illegal trading practices in the investigation.
    Article 23rd in accordance with the provisions of relevant laws and administrative regulations of the health sector, is responsible for the food processing and marketing units of health permits and license-related supervision and inspection, product spoilage caused by grain in storage, is toxic and hazardous substances pollution, the use of unauthorised use of the food additive or exceed allowable harm people's health, such as conduct supervision and inspection.
    Article 24th pricing departments in accordance with the provisions of relevant laws and administrative regulations on food business operators failing to inform, publicity for grain purchase price, or beat down the grade, bidding up the price, price-gouging, monopolies or manipulate prices, or not in accordance with the provisions of the minimum purchasing price instead of price intervention measures and urgent measures such as illegal conduct supervision and inspection.
    25th article in violation of these regulations, in accordance with the regulations on grain circulation management and State regulations will be punished. 26th the administrative staff for food grain purchase licensing, demanding or accepting other people's property, or seeking other interests shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    27th control and inspection personnel who violate these regulations, operator of illegal intervention in food of normal business activities, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                                                                      28th article of the rules take effect on September 1, 2005.

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