Administrative Measures For The Farmers ' Market In Xining

Original Language Title: 西宁市农贸市场管理办法

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(On May 23, 2008 Xining City Government 13th times Executive Conference considered through on June 3, 2008 Xining City Government makes 87th, announced since on August 1, 2008 up purposes) first chapter General first article for strengthening on farmers market of supervision management, maintenance market order, protection farmers market opened who, and operators and consumers lawful rights and interests of, according to Qinghai province commodity trading market management Ordinance, about legal, and regulations, combined this city actual, developed this approach.
    Next farmer's market in these measures was provided by open fixed location, facilities, centralized and publicly traded operators entering agricultural and sideline products, registered with and approved by the Administrative Department for industry and commerce market.
    Farmers ' markets within the third district in this city of start-up, operational and regulatory procedures apply.
    Fourth market to implement territorial management, and follow the same planning, management, marketing and Government support in principle.
    Fifth of municipal and district people's Government shall strengthen the management of the farmers market leadership, long-term management coordination mechanism established farmers ' markets, and protect the healthy development of the market. Sixth municipal administration for industry and commerce is responsible for the city's farmers market supervision and management of the trading order.
    District Administration for industry and commerce is responsible for supervision and management of farmers ' markets trading order within their respective administrative areas. Municipal Administrative Department is responsible for the construction of farmers ' market in the city of commerce organizations to promote and coordinate guidance and supervision and management.
    Business farmers ' market building in the administrative authorities responsible for the administration of the Organization, supervision and administration.
    Land, planning and building, fire, health, food and drug administration, quality and technical supervision, taxes, prices, agriculture and animal husbandry, animal epidemic prevention, urban Administration Department in accordance with their respective responsibilities, cooperative farmers market supervision and administration in accordance with law.
    The seventh municipal district people's Government according to the farmer's market planning, in accordance with the principle of reasonable resources, convenient to the masses, organize the preparation and implementation of layout planning and construction management of farmers ' market.
    Eighth to encourage citizens, legal persons and other organizations, and foreign investors, according to "who's building, who benefits from the" principle of investment construction, reconstruction and expansion of farmers ' markets in many forms.
    Farmers ' market held according to law the legitimate rights and interests are protected by law, and no organization or individual shall be inviolable. Nineth farmers market managers may establish or join independent trade associations.
    Industry associations should be established by law, to establish a sound regulatory framework development, democratic governance, code of conduct, discipline.
    Chapter II planning and market tenth farmers market planning as an important part of the commercial network planning into overall urban planning.
    Farmers ' markets, Department of business administration, project planning, with reasonable layout, convenience and benefit and coordinated development of principles, in conjunction with the planning and construction, land and natural resources, real estate, fire, industrial and commercial administrative law enforcement departments, such as administration, urban management, approved by the municipal people's Government promulgated for implementation.
    Farmer's market planning in principle once every 5 years revision, there are special circumstances, it is necessary to modify adjustments, according to the original examination and approval procedures should be sought.
    11th, business Administrative Department shall, together with the development and reform, public security, industry and commerce administration, planning and construction of fire administrative law enforcement, health, urban management, environmental protection, quality and technical supervision departments to develop Xining city farmers ' market building standards submitted to the municipal people's Government for approval.
    12th preparing farmers market layout, shall comply with the following provisions: (a) farmers ' market planning, (ii) size of the farmer's market, location should be commensurate with the population, geographical scope, (iii) farmers ' market configuration should be convenient for people living, meet the people's need, (iv) farmers ' market layout should be coordinated with other community business services, commensurate with the level of economic and social development.
    Based on people's Governments shall, in full consultation with the residents of the area and preparation of layout planning of farmer's market, and reported to the Department of business administration, the record.
    13th construction, reconstruction and expansion of farmers ' markets, shall comply with the following provisions: (a) standard layout in line with farmers ' markets and farmers ' markets, (ii) and farmers ' markets to adapt to the size of a fixed venue, facilities, management of institutions and full-time managers and (iii) farmers ' market size corresponds with the funds and (iv) other conditions stipulated by laws and regulations. 14th opened farmers markets should be in accordance with law, industrial and commercial registration, license, and within 60 days after obtaining the business license, registration administration for industry and commerce to the Commerce departments at the same level for the record.
    Building, land, and other necessary formalities of examination and approval shall be in accordance with the relevant provisions.
    15th farmers ' market building shall not occupy the city roads, blocking traffic.
    New settlements or supporting the construction of farmers ' markets in the old city reconstruction project should be synchronized with the main project synchronization design, construction, delivery. Farmers market without changing the nature of.
    No unit or individual may seize, destroy farmers ' markets sites and facilities. 16th article farmers market opened who, should established sound market management system, do market of daily management work: (a) should and operators signed site rental and business management agreement, clear both of right and obligations; established operators archives, records operators basic situation, and credit status,; (ii) established consumers complaints station, implementation hand accepted consumers complaints, and according to complaints of specific situation, report related administrative competent sector ; Consumers complaints station should has by city statutory measurement verification institutions forced verification qualified of measurement apparatus (following referred to qualified measurement apparatus), and suggestion box and supervision phone; (three) should established sound publicity system, in farmers market entrance, obviously location set publicity bar and publicity bar, to consumers publicity and trading about of basic matters and major matters, including: operators of card as situation, and illegal illegal records, and market management system (containing agricultural and sideline products access management system), and consumers complaints phone, and
    Agricultural and sideline products of sampling results, and not qualified commodity back city situation,; (four) should established specialized, equipped with is responsible for maintenance market order, and sanitation, and food health, and security management, and fire security, and building security, and price, and information publicity and facilities equipment maintenance, aspects of management personnel and animal epidemic prevention coordinator Member; established market management personnel work accountability, market management personnel regularly accept training and assessment, and wearing unified documents induction;
    (E) urged operators of equipment and its operation qualified measurement instruments; (f) urging the operators to clearly imposed on sales of agricultural and sideline products.
    17th article farmers market opened who, should strictly implementation agricultural and sideline products security responsibility, established sound agricultural and sideline products access system: (a) and operators signed agricultural and sideline products quality security guarantee book (Agreement), made agricultural and sideline products quality guarantee and the on not qualified agricultural and sideline products of back city, and recalled, and return, terms, urged its implementation cable card cable votes system, established agricultural and sideline products business Taiwan account, records purchase channel; set specification of market agricultural and sideline products archives Cabinet, established agricultural and sideline products quality security archives; (B) establish and improve the quality of agricultural products inspection registration system. Daily sent hand check operators of important agricultural and sideline products purchase voucher, identification important agricultural and sideline products suppliers of business qualification and actual business situation; identification livestock, and aquatic products, and poultry class and products quarantine test qualified proved and other law should by detection qualified party can sales of agricultural and sideline products of detection proved, on not made quarantine test certificate Ming or detection not qualified of, ban admission sales; (three) established sound not qualified agricultural and sideline products exit system. Found not qualified agricultural and sideline products should immediately requirements operators stop sales, or supervision its destroyed, do back city processing; on disease, and died animal should in animal epidemic prevention institutions of supervision Xia destroyed and for harmless of processing; (four) in market within set independent of pesticide residues detection room, configuration detection equipment and personnel, daily on field within sales of vegetables and fruit for pesticide residues checks detection, and do detection records, or and has qualification of test institutions signed regularly sends agreement, also can will test institutions introduced market for detection, Market in fruit and vegetables pesticide residue sampling test results should be publicized the creation of publicity on the market bar (v) establishing and perfecting the system of linked to the purchase and sale of agricultural products.
    By agreement or urge the site operator and production base of high quality agricultural products, livestock and poultry slaughterhouses, reputable manufacturers, processing units and regulations linked to the wholesale market, purchase and sale of large wholesalers to establish relationships, clear delivery and quality responsibility for the product delivery, to establish a high quality agricultural products entering the market fast track, ensure the safety of listed agricultural and sideline products. 18th article farmers market opened who is farmers market security first responsibility people, should by provides do fire, and building, security work: (a) established sound farmers market fire management system and personnel responsibility and seriously implementation, configuration designed part-time personnel is responsible for fire work, designed part-time personnel should by police fire sector training, and regularly for fire check, and has records, timely elimination fire security hidden; (ii) equipped with complete of fire facilities, and equipment, and keep intact effective, each fixed shop should configuration fire extinguisher
    , Is strictly prohibited illegal built occupied fire spacing, jam fire channel or damaged and unauthorized demolition, and stopped with fire facilities, and equipment; (three) should regularly check farmers market buildings of security using status, on exists security hidden of, should delegate has qualification of housing security identification units on market buildings for security identification, take measures timely elimination building security hidden; (four) is strictly prohibited business live mixed with, and using fire job, and store flammable easy burst items, and violation provides mess pulled mess received wire, behavior. 19th article farmers market opened who, should maintenance market sanitation, keep clean ordered: (a) huaxingguishi, set specifications unified, and beautiful, and striking of business regional logo brand and the clear of market shopping guide figure; market channel smooth, no accounted for road illegal business, and mess hawking, and mess built, and mess posted; (ii) bear farmers market responsibility district within of "menqiansanbao" responsibility; field within ground should do hardening, and flat, and clean, has perfect of clean system, and equipped with designed part-time cleaning personnel, regularly for clean disinfection, and has records
    ; Set garbage and other waste collection container, timely clear field within of sewage, and garbage and other waste; (three) established independent poultry business district out entrance, and and other business district separated, poultry business district within of waterfowl business regional and other poultry class business regional also to relative separated; (four) urged animal and the meat products operators implementation daily clean disinfection system, on poultry store, and sales district implementation monthly empty poultry closed disinfection system; equipped with disease, and died animal concentrated abandoned facilities, do harmless of processing and disinfection measures;
    (E) equipped with business to adapt to the size of the parking lot, guaranteed parking and tidy; the construction of public toilets, and proper hygiene.
    Chapter III market management article 20th into the operational activities of farmers ' market operators are required to have a license issued by the administrative departments for industry and commerce, and in accordance with the approved business scope, mode of operation, in the license for the specified range.
    Agriculture (animal husbandry) farmers ' market sales of own production people (animal husbandry) by-products shall be carried out at the designated location, regional trade, exempt market management fee. 21st article farmers market within of operators, should comply with and implementation agricultural and sideline products access system, perform agricultural and sideline products security responsibility: (a) should implemented cable card cable votes system, established purchase Taiwan account, records purchase channel; operators initial and supply units trading Shi, should identification its subject qualification legal proved file, including license, and production business license, and food health license,; operators in purchased into food Shi, should by batch to supply units obtained quality qualified proved, including: animal animal quarantine qualified proved, and Meat animal products quarantine homes grid proved, and livestock meat livestock test qualified proved, food and products, and dairy, and bean, and beverage, and wine class, due corresponding of test qualified proved and purchase notes, other products of legal proved file; (ii) must from law approved established of Sentinel slaughter field purchased into meat and products, and in stalls obviously location display meat products of quarantine test qualified proved; field entered of pig meat and products of procurement in accordance with about provides implementation
    ; Animal and the meat products operators should daily on business places implementation clean disinfection, and in market opened who organization Xia implementation monthly empty poultry closed disinfection system; poultry operators business Shi to implementation security protection measures, wear masks gloves, protection products, sales should by hand is responsible for; (three) business directly entrance food and the cooked food products of, should has dust, and anti-flies, and anti-rat facilities and refrigerated, and disinfection apparatus; cooked food document should set pre into between and sale between, health cooked food should separate store, practitioners due health certificate. 22nd article farmers market within of operators, should comply with following provides: (a) according to entry business agreement of agreed, in specified locations business, obey management, comply with market the regulations; (ii) business activities followed voluntary, and equal, and fair, and honest credit of principles, should active to consumers issued credit card or market sales dedicated voucher, express operators name, and specific business places or booth,, and contact phone,; (three) implemented price, using of price signed or price brand should marked name, and Unit, price and so on.
    Price reference price specified by the Department or a temporary sale price should be in the business place visible public and (iv) other responsibilities stipulated by laws, rules and regulations.
    23rd article farmers market within is strictly prohibited sales following agricultural and sideline products: (a) fake or expired, and failure, and metamorphic of products; (ii) legal, and regulations ban sales of flora and fauna and manufactures; (three) fatality, and poison or death unknown of livestock, and aquatic products; (four) toxic pesticide residues exceeded of vegetables, and fruit; (five) according to national provides should test, and quarantine and not test, and quarantine or forged test, and quarantine proved of products; (six) legal, and regulations ban sales of other agricultural and sideline products.
    24th article farmers market trading activities is strictly prohibited following behavior: (a) dominate the, and gouging, and price fraud, and strong buy strong sold, and short Jin, violations; (ii) monopoly supply, gouging or collusion manipulation agricultural and sideline products price; (three) doping, and adulterated, and to pretend really, and shoddy; (four) using human damage, not qualified of measurement apparatus; (five) to false advertising, fraud way sales agricultural and sideline products; (six) legal, and regulations ban of other behavior.
    25th fourth supervision and Management Department of business administration is responsible for the management of organizations to develop farmers ' market to industry standards, promote the construction of industry organizations, industry exchanges and guiding industry self-regulation, fulfil our regulatory responsibilities for farmers ' markets. 26th industrial and commercial administrative departments shall establish a farmers ' market management information network, record farmers market management information, as well as the farmers ' market managers and operators in the field credit management, available in the public domain.
    Relevant administrative departments, farmers ' market managers, operators shall provide assistance in the field to provide the relevant information.
    Administration of industry and commerce registration of legally imposed on the farmers ' market, issuing business licenses to qualified operators, monitor management on their trading practices, investigate and punish violations in trading activity, maintain market order.
    27th on the agricultural sector is responsible for the farmers ' market sales of livestock and aquatic products supervision and inspection, including the quarantine of livestock and poultry and its products and aquatic products and drug residue testing, for pesticide residue on vegetables, fruits, and so on.
    Animal epidemic prevention supervision institutions responsible for livestock and aquatic products quality safety supervision and administration, urging market inspection of livestock and poultry and aquatic products quarantine certificates and for regular cleaning and disinfection.
    28th public security departments should strengthen the security management of farmer's market, and urged the market to build security institutions, the implementation of security measures.
    Fire departments to the farmers ' market in compliance with fire safety laws, regulations, shall supervise and inspect the situation, new construction, expansion, renovation and refurbishment of the farmer's market, according to the national fire protection technical specification for audit, inspection, and fire safety checks before opening, of not complying with the laws and regulations of fire administrative authorization opened the market to investigate and punish.
    29th planning and construction departments are responsible for the farmer's market planning and development, construction engineering quality supervision and management, new construction, expansion or reconstruction of the farmers ' market, in accordance with national provisions on construction technical specification for review and acceptance record, without construction completion inspection record without opening the market according to law in the investigation.
    30th city administration departments should investigate and punish farmers market violations violations of the laws and regulations of urban management.
    31st the health authorities should strengthen supervision and management of food hygiene on farmers ' markets, new construction, expansion or reconstruction of the farmer's market, food hygiene management in accordance with the relevant laws and regulations and norms for review and acceptance, investigate and punish violations of food hygiene.
    32nd of quality and technical supervision departments should strengthen the farmers ' market in measuring instruments, product quality and measures of supervision and management, and quality technology to investigate and punish violations.
    Article 33rd price supervision and inspection departments should strengthen the farmers ' market prices of agricultural products, and to investigate and deal with illegal pricing.
    Article 34th competent administrative departments shall be announced in due course in accordance with the relevant provisions of the relevant inspection results, and urged market in accordance with their respective responsibilities and operators implement the provisions of these measures. Fifth chapter legal responsibility 35th article farmers market opened who, violation this approach provides, has following behavior one of of, by business administration sector be punishment: (a) not handle farmers market registration registered procedures unauthorized rental, and sold market booth, and shop of, on meet farmers market opened conditions of, ordered deadline corrected, and sentenced 2000 Yuan above 10000 Yuan following of fine; on not meet farmers market opened conditions of, law be banned; (ii) not perform huaxingguishi duties of, ordered deadline corrected
    ; Fails to make corrections and impose fines of less than 1000 Yuan and 3000 Yuan.
    Article 36th farmers market opened in violation of these rules, fails to perform the obligation of qualification certificate for animal product quarantine inspection and the supervising agencies for animal epidemic prevention shall order rectification, and a fine of less than 1000 Yuan and 3000 Yuan.
    37th farmers market opened in violation of these rules, failing to perform their farmers ' markets within and beyond areas of responsibility within the cleaning the cleaning duties, rectification by the city administration departments, and in accordance with the provisions of the relevant laws, rules and regulations will be punished.
    Farmers ' market opened the 38th article, operators in the field, in violation of other provisions of this approach by the relevant administrative department in accordance with the relevant laws, rules and regulations will be punished.
    39th refuses or obstructs the administrative law enforcement personnel shall perform their duties, by the public security organs in accordance with the provisions of the law on public security administration punishments shall be punished; serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    40th article administrative competent sector and staff has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; plot serious, constitute crime of, law held criminal: (a) for no reason delay handle related approved procedures of; (ii) using positions of will, obtained, and received others property or seek other interests of; (three) has other abuse, and negligence, and engages in behavior of.
    Sixth chapter supplementary articles article 41st County may refer to these measures.
    42nd the concrete application of these measures by the municipal administration for industry and commerce in collaboration with the Department of business administration, is responsible for the interpretation. 43rd these measures shall come into force on August 1, 2008.
    This approach implementation Qian legal opened of farmers market, not meet farmers market special planning of, should in this approach implementation a years within be relocation; not meet farmers market construction standard of, should in this approach implementation II years within be transformation; late not relocation of, by business administrative competent sector drew attention to the sibling Government ordered its relocation; late not transformation of, by business administrative competent sector ordered deadline transformation; relocation and transformation during, about card as not audit.