Hubei provincial grain reserves management
(May 27, 2013, Hubei provincial people's Government Executive Meeting July 8, 2013, Hubei provincial people's Government promulgated as of October 1, 2013, No. 363) Chapter I General provisions
First in order to strengthen the management of local grain reserves, effective local grain reserves to play role in macro-control, assurance of the local grain quantity, quality, and storage security, based on the Central grain reserves Management Ordinance, combined with the facts of the province, these measures are formulated.
Second local grain reserves in these measures refers to the people's Governments above the county level shall reserve used to regulate the administration of grain supply and demand balance and stabilize the grain market as well as to respond to a major natural disaster or other emergency situations, such as grain and edible oil.
Third place within the administrative area of the province reserve management, managing and supervising the activities governed by this approach.
Fourth regional grain reserve provincial, city and county levels, mainly by provincial reserves, grading reserves, at different levels.
Without the approval of the people's Governments at the corresponding level, and no unit or individual shall not be used without permission.
The fifth food administration departments at or above the county level shall be responsible for the level of local administration of grain reserves to local grain reserves the quantity, quality and safety supervision and inspection storage.
Sixth food administration departments at or above the county level in conjunction with the financial sector, development and reform to develop the administrative local grain size, structure, layout and the use of macro-control, implementation reported to people's Governments at the same level for approval.
Seventh fiscal departments at and above the county level shall be responsible for arranging this level of local grain reserves of loan interest, storage and rotation costs, subsidies, to ensure timely and adequate funds, and local grain reserves on financial supervision and inspection of the implementation.
Eighth in charge of agricultural development Bank in accordance with relevant regulations of the State, in full and on time needed to arrange local grain loans, local grain reserve lending and credit regulation.
Article Nineth local grain storage enterprises (hereinafter referred to as enterprise storage), responsible for local grain reserves management and responsible for local grain quantity, quality and storage safety.
Enterprise storage in accordance with the relevant national standards and technical regulations, establish and perfect the grain operations management system, and report to the administrative department level food record.
Tenth place rotation of reserve acquisition, storage, distribution, and use, as prescribed by the State tax, administration fees and other preferential policies. 11th regional food stocks of the grain loans and implement pothook, account management, and earmarks.
No unit or individual is allowed to cheat in any way, appropriate or intercept or misappropriate grain loans or loan interest, storage and rotation costs, subsidies. 12th no units and individuals for violations of local grain reserves management, has the right to Administrative Department and other relevant departments to report to the local food.
Food Administration Department and other departments concerned upon receipt of the report, should be investigated in a timely manner; tipoff not part of the mandate of the Department, should be transferred to other departments in a timely manner.
Chapter II plan and acquisition
13th regional grain reserves planned by the province administration authorities and the financial sector, the provincial development and reform, according to the needs of macro-control, submitted to the provincial people's Government approved the release.
Local people's Governments at or above the county level in ensuring complete local grain reserves plan provincial people's Government on the basis of, according to the administrative area of food supply and demand situation, increasing the number of reserves and Food Administration Department of the province, the provincial financial department.
14th reserve acquisitions, sales plans, by the governmental administrative departments under the people's Governments at the corresponding level of food approved the local grain reserve storage size, variety and quantity recommendations, development and reform Department at the same level for examination and approval, financial sector, handed down by the Administrative Department of food and Agriculture Development Bank storage businesses implementation.
15th regional grain storage costs by level of food administration in conjunction with the Ministry of finance, the agricultural development Bank, according to the food market and price trends, according to no less than the State determines the minimum grain purchase prices and reasonable costs for final approval. Storage Enterprise shall be accounted for in accordance with the approved cost of warehousing inventory.
Storage costs, once approved, no unit or individual shall not be changed without permission.
16th storage warehousing business acquisitions where grain is the production of new food, new oil and meet national and State-level quality standards.
Storage quality of the local grain reserves and quality, qualified testing agency commissioned by the Food Administration Department for examination.
17th storage Enterprise shall satisfy the following conditions:
(A) the warehouses, tank capacity and storage conditions in accordance with national and provincial standards and technical specifications set forth;
(B) with food storage function, cartridge-type, access methods, adapted to the variety, the storage period of storage facilities;
(C) in line with national standards quality testing equipment and the place of local grain reserves, with testing during grain storage warehouses, temperature, water content, density conditions;
(D) has received professional training and obtain the relevant qualification certificate issued by the competent Department of food storage, inspection, control of management and technical personnel;
(E) management and good reputation, operating an illegal recording.
18th regional grain storage enterprises, by the governmental food Administration Department in accordance with the conditions laid down in the preceding paragraph, in accordance with the principle of openness, fairness, impartiality, OK.
19th Food Administration should be storage contract with enterprise storage, specifying the rights, obligations and liability for breach of such matters.
20th enterprise storage shall comply with the following provisions:
(A) strictly enforce the national warehousing standards, technical specifications and local grain reserves management system;
(B) implementation of local grain purchases, sales, rotation schedule to ensure storage of food reach the quality level of acquisition, under the rotation plan, and in accordance with the quality standards set by the State;
(C) implementation of silo tank, hand care, account records, ensure consistent accounts consistent accounts, accounts, good quality, storage security;
(D) establishing sound safety management system such as fire, theft, flood control, equipped with the necessary safety protection facilities;
(E) in accordance with the specifications of use fumigants, protective agents and other chemicals;
(Vi) conduct regular checks on storage management, found that the problem should be processed in a timely manner; not, shall promptly report to the administrative department level food;
(G) implementation of the system of grain circulation statistics, establish account and analysis storage management on a regular basis, and report to the Food Administration at the same level.
21st enterprise storage shall not be any of the following acts:
(A) the number of making false statements on or concealing stockpiles of grain;
(B) the adulteration of fake, shoddy in stored grain;
(C) unauthorized SWOP variety, change, storage, warehousing, oil tank;
(D) reserve mortgage, pledge, guarantee or pay off the foreign debt;
(E) to old food to fill the new grain, obtaining local grain loan and loan interest, management fees and other subsidies.
22nd enterprise storage is revoked according to law, dissolution or insolvency, its stocks of local grain reserves by the Administrative Department responsible for food grain reserves in accordance with the provisions of the present article 18th, redefining storage enterprise storage.
23rd place using Government funds to build grain storage facilities, without the approval of property units, storage companies are not allowed to dispose of or change of use.
The fourth chapter rotation
The 24th local grain reserves shall practise a system of rotation.
Local grain rotation refers to reserve the same premise, which was specified by the production of new grain equivalent replacement plan inventory of food, and meet the national quality indicators of food quality standards and provincial regulations.
25th regional grain rotations should be subject to the relevant national food regulatory policy, balanced rotation.
Stored food should be no more than three years, oil shall not exceed two years.
26th annual rotation schedule of the local grain reserves by the Food Administration issued the same level, Enterprise Storage Organization. Rotation schedule after the release and storage enterprises should be completed within the time stated in the rotation, and reported to the Department of food administration.
Such as rotation could not be completed due to special reasons, Food Administration Department of the required reports in a timely manner.
27th regional grain rotation for a period of 5 months, rotation period from the date of calculation, all turns into the date.
During the rotation period, normal allocation of loan interest and storage costs at the local grain subsidies. The 28th special circumstances, restrictions on local grain round, advance or delay turn into interim management measures, storage enterprises should be implemented unconditionally.
Interim measures for the administration by the province administration, the provincial financial Department published under special circumstances.
29th the local grain rotation costs should be based on food prices, in accordance with the rotation of spreads, fees have been determined. 30th to establish local risk reserves of grain rotation to solve local spread losses of grain rotation.
Specific measures for the administration of the local risk reserves of grain rotation, the grain Administration Department in conjunction with the financial sector, the provincial branch of the development of agricultural development Bank. 31st local grain round out the sale shall, without delay, pay their agricultural development bank loans, no intercept or appropriate.
Agricultural Development Bank should round out the sales return within two business days, reduced local grain reserve loans.
Local grain purchasing funds required to turn into, by the agricultural development bank loan by the wheel, matching issue store credit.
32nd round out the local grain reserves, should in principle be norms of food through the trading platform sales, library, should have cereal and oil quality inspection certificate of inspection reports to ensure food safety.
The fifth chapter use Article 33rd local grain reserves to use programmes, the Food Administration Department in conjunction with the development and reform Department, financial Department, reported to the people's Government at the same level.
Use programmes should include the use of local varieties and quantity of grain, storage location, quality, price, use, transportation and fees, and so on.
After use to add storage, re-storage costs.
34th under any of the following circumstances, you can use local grain reserves:
(A) the food within the administrative area of the obvious shortage or price fluctuations;
(B) require major natural disasters or other emergencies occur;
(C) other circumstances considered necessary using the people's Governments above the county level.
35th used local grain reserves to follow the following principles:
(A) give priority to the use of county-level grain reserves;
(B) lack of county-level grain reserves, by the people's Governments at the county level to apply for the use of city-level grain reserves;
(C) the shortage of grain at the city level, applications used by the municipal government provincial-level grain reserves.
Article 36th food approved by the administrative departments under the people's Government at the local grain reserves the use of programme implementation.
Without authorization, no unit or individual may refuse to carry or to change local grain reserves the use of commands.
Sixth chapter interest cost subsidies
37th place reserve loan interest subsidies, storage costs and the costs of rotation fixed subsidies subsidies.
Article 38th custody fees and rotation costs subsidies from the local Government's financial Department, administrative department according to the price levels in the region and food grain storage costs, and in the light of the Central grain reserves cost standards.
39th used local grain reserves spread of income after deducting related expenses should be turned over to the financial sector, spread losses and related expenses from the financial sector subsidies. 40th local grain losses due to force majeure, the costs of wear and tear, by the financial authorities and the food are cancelled by the Administration and subsidies.
Loss, loss due to poor management, enterprise storage on its own.
The seventh chapter, supervision and inspection
41st grain administrations in accordance with the storage enterprise implementation of these measures and on food regulation, supervision and inspection.
(A) check the local grain quantity, quality, storage security;
(B) to the relevant units and officials investigate local grain purchase, sales, implementation of rotation programs and the use of commands;
(C) access to local grain reserves management related information, documents.
42nd administration supervision and inspection of food, find local grain quantity, quality, storage, security and other problems, should be entrusted the enterprise storage immediately corrected or found enterprises no longer have storage conditions storage, food storage shall not enter into a contract by the administration. Article 43rd supervisors and inspectors in the food administration supervision and inspection should be written records, and signed by the head of the inspectors and the inspected units.
Head of the units under inspection refuses to sign, and the situation supervisory and inspective personnel shall be recorded. 44th strengthening third-party supervision.
Financial sector, agricultural development bank on the reserve amount, interest expense allowance use, supervise and inspect the use of loan funds.
Audit institution in accordance with the terms of reference and procedures of the audit law, imposed on financial income and expenditure relating to local grain reserves audit and supervision.
Price departments shall, together with the Food Administration Department shall supervise and examine the implementation of grain prices.
Other relevant departments according to their respective duties are to supervise and inspect the local grain reserves.
45th reserve for food administration, financial sector, agricultural development Bank, the audit authority shall perform their duties of supervision and inspection personnel, should be fit.
No units or individuals may refuse, obstruct or interfere with the Food Administration, financial sector, agricultural development banks, supervisors and inspectors of the auditing departments to perform their duties of supervision and inspection.
The eighth chapter legal liability
46th national administrations and staff in breach of the provisions of the agricultural development Bank, any of the following acts, the persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) without timely instructions to local grain reserves and acquisitions, annual rotation schedule;
(B) determine storage conditions do not have the enterprise storage of grain or find storage companies are no longer confined storage condition, do not cancel their reserve duty;
(C) is not timely, adequate funds and local grain reserves of loan interest, storage and rotation costs, financial subsidies;
(D) not in full and on time needed to arrange local grain reserves of oil funds or reserves for sales line, not reduced reserve loans in a timely manner;
(V) the receipt of the report, found the violations do not promptly investigated.
47th reserve enterprises violating these rules the Nineth article first, 16th, 20th, 21st, 26th, 29th, 36th, prescribed by the second paragraph of article, the Food Administration Department, the financial sector in accordance with their respective responsibilities, to a rectification; it refuses to eliminate their reserve duty.
48th sabotages the local grain reserve storage facilities, theft, looting, damage to local grain reserves in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized constitutes a crime, criminal responsibility shall be investigated according to law; resulting in property damage, shall bear civil liability.
The Nineth chapter supplementary articles
49th commercial grain reserves management measures shall be formulated by the province administration, jointly with relevant departments, provincial government approval before implementation. 50th article of the rules take effect on October 1, 2013.