Hunan Provincial Grain Reserves Management

Original Language Title: 湖南省地方储备粮管理办法

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Hunan provincial grain reserves management

    (Hunan provincial people's Government, the 47th Executive session on January 22, 2010 through February 11, 2010, order No. 248 of Hunan province promulgated as of April 1, 2010) Chapter I General provisions

    First in order to regulate the management of local grain reserves, effectively regulating the grain market to ensure food security, in accordance with the regulations on grain circulation management and 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 reserves for regulation under the jurisdiction of the people's Governments above the county level in the administrative area of food supply and demand, stabilizing the grain market, and respond to major natural disasters or any other public emergency situations such as grain and edible oils.

    Local grain reserves, including provincial-level grain reserves, reserves and municipal County-level grain reserves.

    Article within the administrative area of this province, and participation in local reserve units and individuals engaged in managing and supervising the activities shall abide by these measures.

    Grain grading reserves, fourth place at different levels.

    Provincial people's Government responsible for the establishment and management of provincial-level grain reserves, according to down size of proposed local grain reserves in the province, development of provincial, city and county-level grain reserves plan, organize and supervise reserve plan implementation.

    City, State, County and City Government is responsible for the establishment and management of reserves the same level, reserves assigned by the implementation of the provincial plan, according to the corresponding increase in the demand for local food reserves, determines the reserve structure, subsidy funds needed for implementation of grain and storage facilities.

    Fifth level food administrative departments of the people's Governments above the county level shall be responsible for the grain reserve administration, to guide and coordinate the lower grain reserves management to local grain reserves the quantity, quality and safety supervision and inspection storage.

    State Food Administration Department of the people's Government, commissioned by the Food Administration Department of the people's Government of the province, within the management area for storage of provincial grain reserves.

    The sixth financial Department of the people's Governments above the county level shall be responsible for arranging the loan-level grain reserves interest, management fees and other subsidies, to ensure timely and adequate funds, and is responsible for the implementation of the level of grain subsidies to implement supervision and inspection.

    Seventh agricultural development banks 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.

    The eighth local grain reserves should be managed in accordance with storage, tube well, adjust it, use requirements, establish a strict management system, ensuring that local grain quantity, quality and storage security, and cost savings, cost. The Nineth no units and individuals for violations of local grain reserves management, the right to food Administration Department and other relevant departments of the people's Governments above the county level report.

    Accept the reporting sector, should be investigated in a timely manner.

    Chapter II plan

    The tenth province-local scale and grading of grain reserve scale, by food administrative authorities and the provincial people's Government of the people's Government of the province of finance, development and reform, according to the relevant provisions of the State, submitted to the provincial people's Government for approval after release.

    The variety and number of provincial, city and county-level grain reserves, by the Administrative Department of the people's Governments at the corresponding level of food together with the departments of finance, development and reform is proposed, approval of the people's Governments at the same level.

    11th province, city and county-level grain reserves and acquisitions, sales plans, by the Administrative Department of the people's Governments at the corresponding level of food together with the Ministry of finance and the agricultural development Bank, issued a local grain storage enterprises (hereinafter referred to as enterprise storage) implementation.

    12th plan balanced local grain reserves according to a system of rotation, alternating annually of total food stocks by quantity 30% to 40%, 50% of the total edible vegetable oil storage.

    Food administrative departments of the people's Government of the province, in conjunction with the Ministry of finance, the agricultural development Bank of China according to enterprise storage inventory food storage life and quality conditions of provincial grain reserves annual rotation plan from enterprise storage is going as planned.

    Rotation of municipal and county-level grain reserves, may refer to the provisions of the preceding paragraph.

    13th storage enterprises shall, in accordance with the relevant provisions to the food the people's Governments above the county level Administration submitted to local grain reserves, financial sector rotation of acquisitions, sales, implementation, and copied to the agricultural development Bank.

    Chapter store

    14th storage Enterprise shall satisfy the following conditions:

    (A) storage and warehousing conditions are in accordance with national and provincial standards and technical specifications set forth;

    (B) have storage facilities in conformity with food storage function, food handling, conveying, cleaning, weighing, fire control and other equipment;

    (C) in line with national standards of testing food quality level and storage quality of the required basic instrumentation and the place, with testing during food storage warehouses, temperature, water content, density conditions;

    (D) have received professional training, and hold the appropriate qualification certificates of inspection of grain storage, management and technical personnel;

    (E) management and good credit, and has no record of serious illegal business.

    Provincial, city and county-level grain reserve enterprises, by the Administrative Department of the people's Governments at the corresponding level of food, in accordance with the conditions laid down in the preceding paragraph, in accordance with the law, principles of publicity, fairness, impartiality, OK.

    15th people's Governments above the county level administration of food sector and the financial sector should storage contract with enterprise storage, rights, obligations and liability for breach of such matters clear.

    16th enterprise storage shall comply with the following provisions:

    (A) the implementation of 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, in line with the quality standards set by the State;

    (C) imposed on grain storage warehouse storage, personal storage, account records, ensuring 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 national standard requires the use of fumigants, protective agents and other chemicals;

    (Vi) conduct regular checks on storage management, found that the problem should be dealt with promptly and report Food Administration Department of the people's Governments above the county level;

    (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 Department of the people's Governments above the county level.

    17th enterprise storage shall not be any of the following acts:

    (A) the number of making false statements on or concealing for storage of grain;

    (B) doping fake, shoddy;

    (C) unauthorized SWOP variety, change, storage sites and the use of grain;

    (D) reserve guarantee, pay off debt;

    (E) to replace the virtual purchasing virtual pin, shall sow the new grain, inflated storage costs and other means to obtain the difference to defraud local grain loans and subsidies.

    18th enterprise storage is revoked according to law, dissolution, bankruptcy or due to other reasons no longer have storage conditions, the Food Administration Department of the people's Government in accordance with the way 14th section to redefine enterprise storage.

    19th enterprises shall reserve rotation schedule in the required time to complete the rotation of local grain reserves.

    Provincial, city and county-level grain rotation of specific management practices, by the Administrative Department of the people's Governments at the corresponding level of food together with the Ministry of finance, and to seek the views of agricultural development Bank.

    20th local grain reserve storage introduced new food inspection, shall sow will check, in-store sampling of food quality inspection system.

    Sampling inspection is carried out by the administrative department level food organizations, agri-entrust a qualified third party quality inspection institutions.

    Province, city, county-level grain quality control sampling inspection of specific management approach formulated by the Administrative Department of the people's Governments at the corresponding level of food.

    21st reserve acquisitions, sales, rotation, in principle it should be exposed through normative wholesale food market, or by other means provided for in national and provincial.

    The fourth chapter use

    The 22nd province, city and county-level grain reserves the right of use belongs to the people's Governments at the corresponding level, without the Government's permission, no unit or individual shall not be used without permission.

    Food Administration Department of the people's Governments above the county level shall strengthen market monitoring and early warning, use mechanisms of the local grain reserves, use recommendations to the the people's Governments at the corresponding level at the right time.

    The 23rd 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) in cases of major natural disasters or any other public emergency may require the use of;

    (C) the Government deems it necessary to use the-level grain reserves in other cases. 24th province, city and county-level grain reserves used by the Administrative Department of the people's Governments at the corresponding level of food together with finance, development and reform proposals, reported the people's Governments at the corresponding level for approval.

    Use programmes should include the use of the type, quantity, quality, price, use, transportation, and so on.

    25th food administrative departments under the people's Government of the local grain reserves the use of programme orders using the command, and in conjunction with the relevant departments to implement.

    In emergency situations, the people's Governments above the county level may directly decides to use the-level grain reserves.

    Without authorization, no unit or individual may refuse to carry or to change local grain reserves the use of commands.

    The fifth chapter of financial management

    26th reserve loan interest subsidies, custody fees and rotation costs subsidized by the financial Department of the people's Government of the same level in conjunction with the Department of food administration, paid quarterly directly to enterprise storage.

    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.

    27th use local grain reserves made of post revenue turned over to the Government, establishment of a special account management, expenditures for food industry; use local grain reserves of post losses and related costs by the governmental financial subsidies. 28th Regional grain loan loan linked, account management, earmarking.

    Enterprise storage in agricultural development Bank to open a basic account and accepts supervision of credit of the agricultural development Bank.

    29th provincial, city and county-level grain reserve storage costs by the people's Governments at the corresponding level of food approved by the Administration in conjunction with the Ministry of finance based on the market. The 30th provincial, city and county-level grain reserves loss, loss of fixed lump sum subsidy system of expenses, the excess borne by the storage company.

    Loss, loss due to force majeure, by the financial Department of the people's Governments in conjunction with the food after the approval of the Administrative Department.

    The sixth chapter, supervision and inspection

    31st Food Administration Department of the people's Government at or above the county level shall supervise and inspect may exercise the following powers:

    (A) local grain reserves for storage enterprise storage quantity, quality, variety and storage safety inspection;

    (B) to the units and individuals concerned about the local grain purchase, sales, implementation of rotation programs and the use of commands;

    (C) access to local grain reserves management related information, documents;

    (D) law offences.

    32nd Food Administration Department of the people's Government at or above the county level shall supervise and inspect, find local grain quantity, quality, storage, security and other problems, should be entrusted with enterprise storage immediately correct or deal with, and report to the higher administrative Department of food.

    33rd financial Department of the people's Governments above the county level in accordance with the local grain costs subsidy allocation and storage enterprises to supervise and inspect the implementation of the subsidy.

    Auditing organs in accordance with the implementation of financial revenue and expenditure relating to local grain reserves, audit and supervision.

    The seventh chapter legal liability

    34th people's Governments above the county level authorities in violation of the rules of any of the following acts, by the people's Governments at the corresponding level, or the competent authority shall order rectification; directly responsible in charge and other direct liable persons, administrative sanctions shall be granted by the competent authorities constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) not issued in a timely manner the local grain purchases, sales or annual rotation schedule;

    (B) is not timely, adequate funds and local grain reserve fee subsidies;

    (C) without changing the local grain purchase and sales, annual rotation program or use the command;

    (D) find local grain quantity, quality, storage security problems do not oblige companies corrected or storage;

    (V) the receipt of the report, found the violations do not promptly investigated.

    35th reserve enterprises violating the relevant provisions of article 16th, any of the following acts, the Food Administration Department of the people's Governments above the county level shall order rectification are serious, cancel its storage plans; directly responsible in charge and other direct liable persons shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) local grain purchase and sales, the rotation plan was not executed, or storage of food acquisition, quality level under the rotation plan is not reached, do not meet the quality standards set by the State;

    (Ii) the implementation of any grain storage warehouse storage, personal storage, account records, or account does not match the account, does not match the accounts, food deterioration;

    (C) due to poor management of a major accident;

    (D) the fumigant, protective agent and other chemical agents used do not meet state regulations.

    36th article bearing storage Enterprise violation this approach provides, has following behavior one of of, by this level government food administration sector ordered its deadline corrected, has illegal proceeds of, confiscated illegal proceeds; plot serious of, canceled its bearing storage plans; caused place reserves loss of, ordered compensation loss; on directly is responsible for of competent personnel and other directly responsibility personnel, law give disposition; constitute crime of, law held criminal:

    (A) the number of making false statements on or concealing for storage of grain;

    (B) doping fake, shoddy;

    (C) unauthorized SWOP variety, change, storage sites and the use of grain;

    (D) the reserve guarantees, repayment of debts.

    37th article bearing storage enterprise to virtual purchased virtual pin, and shall sow the instead of new grain, and virtual increased storage cost, means take post, cheat place reserves loan and costs subsidies of, by this level government food administration sector, and financial sector according to their duties ordered its deadline corrected; late not corrected of, at 10,000 yuan above 30,000 yuan following of fine; on directly is responsible for of competent personnel and other directly responsibility personnel, law give disposition; constitute crime of, law held criminal.

    Article 38th destroyed 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 eighth chapter supplementary articles 39th these measures shall come into force on April 1, 2010.