Shenzhen Municipal People's Government On The Revision Of The Regulations Of The Shenzhen Special Economic Zone On The Administration Of Salt Industry Punishment Decision

Original Language Title: 深圳市人民政府关于修改《深圳经济特区盐业管理处罚规定》的决定

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(On October 14, 2005 Shenzhen Government makes 144th, announced since on November 1, 2005 up purposes) for straighten out Shenzhen salt law enforcement subject change and law enforcement according to of applies range problem, further perfect Shenzhen Special economic zone salt management punishment provides (following referred to provides), now decided on provides for following modified: a, and will title Shenzhen Special economic zone salt management punishment provides to Shenzhen salt management punishment provides, while will first to second article in the of "
    The Shenzhen Special economic zone "were changed to" Shenzhen "," we "were changed to" the city ", and delete" (hereinafter referred to as the SAR) ".
    Second, the provisions of all the "salt authorities" were changed to "salt management". Three, the third shall be replaced by "the salt of the Shenzhen Municipal People's Government authorizes the competent authority (hereinafter salt management) in accordance with these provisions, salt industry, is responsible for the supervision and administration, investigate and deal with violations of the salt industry. Municipal and district public security, industry and commerce, quality supervision, public health, transportation and other sectors in accordance with their respective management responsibilities the implementation of this provision. "Four, the fourth paragraph with the words" where the report is substantiated by the authorities, by the agencies in accordance with investigation of illicit production, processing, transportation, sale and the total amount of salt used informers cash incentives given to 100 yuan per ton. Salt products of less than a ton, a ton is counted as; a bonus of more than 30,000 yuan and 30,000 yuan reward. "Five, and fifth article second paragraph to" violation Qian paragraph provides of, city salt management institutions except ordered stop production, and processing behavior and confiscated illegal production, and processing of salt products, and equipment, and tool and the illicitly acquired outside, illegal production, and processing of salt products value insufficient 10,000 yuan of, and at 10,000 yuan above, and 50,000 yuan following fine; reached, and over 10,000 yuan of, and at salt products value five times times fine. "Six, sixth paragraph the words" processing unit processing the salt does not contain iodine table salt, subject to approval by the municipal administration of salt industry institution and prominent positions in packaging marked in Chinese ' non-iodized salt.
    "Seven, seventh in the" quality and technology supervision departments "were changed to" administrative departments for industry and commerce "in the third paragraph of the" 5th "with the words" within 5 working days. "
    Eight, deleting the eighth paragraph of the "salt the competent authority of the State". Nine, Nineth words "engaged in the wholesale of salt or transfer (s) wholesale business, must be provided for by the State's bid for edible salt wholesale license transfer or salt (s) wholesale licenses. Violation of the provisions of the preceding paragraph, no salt or salt wholesale license obtained according to law turns () wholesale licenses to engage in wholesale business of salt by the municipal authority to order the suspension of wholesale activity of the salt industry, confiscate the illegal operation of salt and ill-gotten gains and a penalty of more than 1000 Yuan, 5,000 yuan in serious cases, fines of between 5,000 yuan and 30,000 yuan. "Ten changes, 11th" iodized salt must follow the standards set by the State before the sale. Salt wholesale enterprise, and turned (generation) wholesale units or individual industrial and commercial households violation Qian paragraph provides, will non-iodine salt as salt sold, or to non-iodine salt posing as iodine salt sold of, by city salt management institutions ordered stop violations, confiscated illegal business of salt products, and at 5,000 yuan above, and 30,000 yuan following fine; illegal business salt amounts huge of, highest can at illegal business of salt products value five times times of fine. Salt retailers violation first paragraph provides, will non-iodine salt as salt sold, or to non-iodine salt posing as iodine salt sold of, by city salt management institutions ordered stop violations, confiscated illegal business of salt products, and at 1000 Yuan above, and 5,000 yuan following fine; distribution number larger, and or times violation first paragraph provides of, confiscated illegal business of salt products, and at 5,000 yuan above, and 30,000 yuan following fine. "The third, 12th to" turn table salt (s) wholesale business, must be in accordance with State regulations buy salt from salt wholesale enterprises at the district level. Retailers should buy salt from salt wholesale enterprises, where table salt, or transferred from where (s) wholesale license units or individual to purchase salt. Turn table salt (s) wholesalers and retailers in violation of the provisions of the preceding paragraph, the municipal administration of salt industry institution confiscation of illegal products, and a penalty of more than 1000 Yuan, 5,000 yuan in serious cases, fines of between 5,000 yuan and 30,000 yuan. "The 12 and 13th read" salt wholesale enterprises should be buying and selling salt products are registered and declared in accordance with municipal management in salt industry institution. Salt the salt wholesale enterprises not complying with the provisions of the preceding paragraph the purchase and sale of registered and declared by the municipal administration of salt industry institution shall be ordered to correct; it fails, may be fined a maximum of 500 Yuan more than 2000 Yuan.
    "In the second paragraph of article 13, deletes 14th" and may be publicized in the news media "message. 14 and 16th with the words "research needs for production, use of industrial salt, using unit purchased shall be in accordance with the relevant provisions. Violation of the provisions of the preceding paragraph, the municipal administration of salt industry institution more than 1000 Yuan, 5,000 yuan fine.
    "Article XV, and 17th in the" salt-containing foods "to" products ", and delete" salt "message. 16, 21st, the words "in violation of these provisions, illegal production, processing, transport and sale of salt products, against citizens ' physical and mental health, severely disrupted the city's salt monopoly of market order, salt, regulatory bodies may be publicized in the news media constitutes a crime, should be brought to justice in accordance with the People's Republic of China Criminal Code article 143th of criminal responsibility and No. 225. "17, 22nd to read:" to obstruct law enforcement personnel performing official business according to law by units and individuals, by the public security organs in accordance with the relevant provisions be punished; by means of violence, threats to obstruct law enforcement personnel performing official business according to law, criminal responsibility shall be investigated according to law. "18, 24th (e) is replaced with" collection of fines, confiscation receipt of financial sector must be used uniformly. "19, 25th the third paragraph with the words" all administrative departments, salt management agencies of the Parties shall not be the same offence twice on penalty of administrative penalties. "20, 27th shall be replaced by" party of municipal management in salt industry or other administrative departments as well as coercive measures is not satisfied with the decision of administrative penalty, may apply for administrative reconsideration, or directly to a people's Court.
    "Article 21, delete the 29th.

    According to the modified conditions, provisions in the regulations number that follows.
    Shenzhen administration of salt industry penalties (amended 2005) (October 6, 2000, people's Government of Shenzhen publishing, 93rd, 144th under the people's Government of Shenzhen City, October 14, 2005 order amended) Chapter I General provisions article to strengthen the management of salt industry in Shenzhen, and against violations of the salt industry, guarantee citizens ' physical and mental health, in accordance with relevant State regulations, combined with the city's actual, these provisions are formulated.
    Article on the city-wide salt production, processing, transportation, sale and use of illegal act to deal with the application of this provision.
    Salt of the third Shenzhen City people's Government authorizes the competent bodies (hereinafter referred to as the city's salt industry management) in accordance with these provisions, salt industry, is responsible for the supervision and administration, investigate and deal with violations of the salt industry.
    Municipal and district public security, industry and commerce, quality supervision, public health, transportation and other sectors in accordance with their respective management responsibilities the implementation of this provision.
    Fourth no unit and individual shall have the right to report violations of the salt industry. Where the report is substantiated by the authorities, by the agencies in accordance with investigation of illicit production, processing, transportation, sale and total amount of salt used informers cash incentives given to 100 yuan per ton.
    Salt products of less than a ton, a ton is counted as; a bonus of more than 30,000 yuan and 30,000 yuan reward. Chapter II production, processing, transportation management and fifth national system of salt production, processing of products.
    Where in the city engaged in salt production, processing, and after the administration of salt industry institution, must be approved by the city, Guangdong provincial salt industry administration institution for approval.
    Violation of the provisions of the preceding paragraph, salt industry management bodies shall be ordered to stop production, processing and the confiscation of the illicit production of, processing of chemical products, equipment, tools and illicitly acquired, but illicit production and processing of less than 10,000 yuan worth of salt products and more than 10,000 yuan, fined a maximum of 50,000 yuan; fulfilled or exceeded 10,000 yuan, and a fine salts five times times the value.
    Whoever illegally engaged in salt production, processing continues to provide a forum for its, by the municipal administration of salt industry agency ordered corrective action and confiscation and fines of between 5,000 yuan and 30,000 yuan.
    Sixth salt processing unit processing the salt does not contain iodine, subject to approval by the municipal administration of salt industry institution and prominent positions in packaging marked in Chinese "non iodized salt."
    Violation of the provisions of the preceding paragraph, by the municipal administration of salt industry agency ordered corrective action and confiscation of already processed products, and may also be fined a maximum of 5,000 yuan and 30,000 yuan.
    Seventh salt packaging must meet state-mandated food packaging requirements, and Chinese characters of elements and their content.
    Sales of salt in the city package does not meet the provisions of the preceding paragraph, or the product not in accordance with packing instructions, shall not be marketed in our city, and offenders be confiscated by the city administration of industry and Commerce departments, the distribution of more than 1000 Yuan, 5,000 yuan fine, of packing units or individual 5,000 yuan, fined a maximum of 30,000 yuan.
    Salt regulator found violation of the preceding paragraph, you can temporarily not active salt product as well as packaging, within 5 working days and drew the city industrial and commercial administration authorities according to the provisions of the preceding paragraph.
    Eighth salt products imported from offsite in Shenzhen, the carrier must hold a transportation permit, one car (ship) a certificate, permit, domestic peer, and accept the supervision of the administration of salt industry.
    Violation of the provisions of the preceding paragraph, illegal transportation of salts, the municipal authorities confiscated the illegal transport of the salt industry and salt products, salts a product owner value more than 1 time, fined a maximum of five times; the confiscation of the carrier, and a salt value of illegal transportation of 1 time more than double, and fined not more than five times. Municipal management in salt industry institution in dealing with cases in the preceding paragraph, may suspend the carrier's conveyance investigations, but withholding shall not exceed 45 days.
    After the expiration of the term, the party is still failing to take care of, municipal authorities shall, according to law after the completion of the salt industry, will be temporarily suspended, financial sector, transportation law.
    Chapter wholesale, retail, management Nineth engaged in the wholesale of salt or turn (s) wholesale business, must be provided for by the State's bid for edible salt wholesale license transfer or salt (s) wholesale licenses.
    Violation of the provisions of the preceding paragraph, no salt or salt wholesale license obtained according to law turns () wholesale licenses to engage in wholesale business of salt by the municipal authority to order the suspension of wholesale activity of the salt industry, confiscate the illegal operation of salt and ill-gotten gains and a penalty of more than 1000 Yuan, 5,000 yuan in serious cases, fines of between 5,000 yuan and 30,000 yuan.
    Tenth in salt in the retail business, must register with the salt management agency for retail in the city. Violation of the provisions of the preceding paragraph, failing to register with the retail and retail salt business, ordered by the municipal administration of salt industry bodies for registration.
    Fails to register, fined 500 Yuan.
    11th iodized salt must follow the standards set by the State before the sale.
    Salt wholesale enterprise, and turned (generation) wholesale units or individual industrial and commercial households violation Qian paragraph provides, will non-iodine salt as salt sold, or to non-iodine salt posing as iodine salt sold of, by city salt management institutions ordered stop violations, confiscated illegal business of salt products, and at 5,000 yuan above, and 30,000 yuan following fine; illegal business salt amounts huge of, highest can at illegal business of salt products value five times times of fine.
    Salt retailers violation first paragraph provides, will non-iodine salt as salt sold, or to non-iodine salt posing as iodine salt sold of, by city salt management institutions ordered stop violations, confiscated illegal business of salt products, and at 1000 Yuan above, and 5,000 yuan following fine; distribution number larger, and or times violation first paragraph provides of, confiscated illegal business of salt products, and at 5,000 yuan above, and 30,000 yuan following fine. 12th turn salt routes (s) wholesale business, must be in accordance with State regulations buy salt from salt wholesale enterprises at the district level.
    Retailers should buy salt from salt wholesale enterprises, where table salt, or transferred from where (s) wholesale license units or individual to purchase salt.
    Turn table salt (s) wholesalers and retailers in violation of the provisions of the preceding paragraph, the municipal administration of salt industry institution confiscation of illegal products, and a penalty of more than 1000 Yuan, 5,000 yuan in serious cases, fines of between 5,000 yuan and 30,000 yuan.
    13th salt wholesale enterprises should be buying and selling salt products are registered and declared in accordance with municipal management in salt industry institution.
    Salt the salt wholesale enterprises not complying with the provisions of the preceding paragraph the purchase and sale of registered and declared by the municipal administration of salt industry institution shall be ordered to correct; it fails, may be fined a maximum of 500 Yuan more than 2000 Yuan.
    14th restaurant operators as well as offices, schools, kindergartens, factories and other units of the mess to others the salt content of food, must be used in accordance with the national standard of iodized salt.
    Restaurant operators as well as offices, schools, kindergartens, factory collective restaurants, such as the use of iodized salt, or using product quality standards and modification, expiration of salt in processed foods, the municipal administration of salt industry institution operators or canteen units organized collectively fined a maximum of 5,000 yuan and 30,000 yuan.
    15th medical with iodine-free salt implement point-of-sale, sales points designated by the municipal administration of salt industry institution and make an announcement.
    Other units and individuals who sell iodine-free salt, 11th in accordance with the second and third paragraphs shall be punished.
    16th due to production and research requires the use of industrial salt, using unit purchased shall be in accordance with the relevant provisions.
    Violation of the provisions of the preceding paragraph, the municipal administration of salt industry institution more than 1000 Yuan, 5,000 yuan fine.
    17th municipal salt management should regularly to wholesale and retail products on the market carry out spot checks found salt products do not meet the requirements set by the State, the goods should be confiscated and destroyed, and the product name, trademark, manufacturer, date of manufacture and other information shall be published, reminded.
    18th due to production and research needs from State (territory), salt salt products to be imported or exported to a domestic, must be approved by the Guangdong provincial salt industry management bodies, and accept the supervision of the administration of salt industry.
    Violation of the provisions of the preceding paragraph or privately sold salt products to be imported without permission, no more than 10,000 yuan worth of by the municipal administration of salt industry agencies confiscate privately imported or domestic products, 5,000 yuan fine privately imported products worth more than 10,000 Yuan or privately sold salt, privately imported products or privately sold salt worth two to five times the fine.
    19th prohibits the sale of liquid salts (including natural brine) or use a liquid salt in processed foods.
    Violation of the provisions of the preceding paragraph, the municipal administration of salt industry institution shall be ordered to desist from the illegal act, confiscate the illegal sales, processing products, and a penalty of more than 1000 Yuan, 5,000 yuan in serious cases, fines of between 5,000 yuan and 30,000 yuan.
    20th in violation of the provisions of relevant laws, unauthorized printing of packaging of salt, salt, regulators can be ordered to desist from the illegal act, temporary suspension of illegal printing of packaging and drew attention to the city of quality and technical supervision departments dealt with according to law.
    21st article violates these provisions, illegal production, processing, transport and sale of salt products, against citizens ' physical and mental health, severely disrupted the city's salt monopoly of market order, salt, regulatory bodies may be publicized in the news media constitutes a crime, should be brought to justice in accordance with the People's Republic of China Criminal Code article 143th of criminal responsibility and No. 225.
    22nd obstruct law enforcement personnel performing official business according to law by units and individuals, by the public security organs in accordance with the relevant provisions be punished; by means of violence, threats to obstruct law enforcement personnel performing official business according to law, criminal responsibility shall be investigated according to law.
    Chapter fourth penalty procedure, article 23rd salt management agencies, as well as other relevant administrative departments when punished in accordance with the present provisions shall be conducted by the authorities more qualified personnel of administrative law enforcement investigation. 24th article law enforcement personnel in in accordance with this provides implementation punishment Shi, must comply with following provides: (a) to party description identity and show effective law enforcement documents; (ii) to party oral declared punishment decided of main content, and implementation approach, and and refuses to punishment decided Shi of relief measures; (three) issued meet provides format of punishment decided book; (four) seized, and confiscated property Shi, issued was seized or confiscated property of listing, and by party signature or sealed; (five) collection fine Shi,
    Must use the financial sector the confiscations of printed receipts.
    25th city and district of quality and technical supervision, food hygiene supervision and industrial and commercial administrative departments may, within its own jurisdiction, in accordance with the relevant provisions of this salt illegal.
    Two or more organ has jurisdiction over the same offence, investigation and treatment of first jurisdiction.
    All administrative departments, salt management agencies of the Parties shall not be the same offence twice on penalty of administrative penalties.
    26th a fine of more than 5,000 Yuan or confiscation of property worth more than 5,000 yuan, held a hearing requested by the parties, decided the punishment must hold a hearing before the formal decision in accordance with the prescribed procedures.
    27th, salt management, parties or other administrative departments as well as coercive measures is not satisfied with the decision of administrative penalty and may apply for administrative reconsideration, or directly to a people's Court.
                                                                                                                              The fifth chapter supplementary articles article 28th of these provisions come into effect on November 1, 2000.

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