State-Owned Grain And Oil Storage And Logistics Facilities Protection Measures

Original Language Title: 国有粮油仓储物流设施保护办法

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General Provisions In order to strengthen the protection of state-owned grain and oil storage and logistics facilities to ensure grain and oil storage capacity to meet the need to ensure national food security, according to the "Central Grain Reserve Management Regulations" and the related "Food Distribution Management Regulations" laws and regulations formulated.

Second approach applies to the territory of People's Republic of China state-owned, state-controlled grain and oil storage unit grain and oil storage and logistics facilities, grain and oil storage unit in mixed ownership involving government funds assets in construction, maintenance and reconstruction of grain and oil storage logistics facilities. Protection of other grain and oil storage and logistics facilities in the light of this approach.

The term grain and oil storage and logistics facilities including those engaged in grain and oil storage activities required for business premises, warehouse, storage tanks and other facilities, roads, railways, docks and other logistics facilities, as well as drying facilities, equipment, library , cleaning maintenance workshop and other ancillary facilities.

Article 3 grain administrative department responsible for the national grain and oil storage and logistics facilities protection industry guidance and supervision, according to the national supply of grain purchasing and storage security needs, development of a national grain and oil storage and logistics facilities construction plan, establish and improve OILS logistics facilities eliminated, update and protection mechanisms, the protection of grain and oil storage and logistics facilities into food safety supervision and evaluation governor responsibility system.

Article Local people's governments above the county grain administrative department responsible for the administrative area of ​​grain and oil storage and logistics facilities protection industry guidance and supervision, under the guidance of the superior administrative department of food and the people's government leadership according to the region's supply of grain purchasing and storage security needs, refined grain and oil storage and logistics facilities to implement the phase-out, update, and protection measures, with the relevant departments to carry grain and oil storage and logistics facilities protection assessment work.

Article No unit or individual may encroach upon, damage or unauthorized removal of grain and oil storage and logistics facilities shall not be allowed to change the use of grain and oil storage and logistics facilities, not to endanger the safety of grain and oil storage and logistics facilities and safe storage of grain and oil.


Protective measures Chapter II Article grain and oil storage units shall establish or of starting the grain and oil storage, within 30 working days, according to the case of grain and oil storage facilities and other administrative logistics to the local food management department. Grain and oil storage and logistics facilities size, use changes should also be timely filed.

Grain and oil storage unit shall establish and improve grain and oil storage and logistics facilities management and use of the system, regular inspection and evaluation, maintenance, make a record, create a file, and in accordance with the provisions of the relevant circumstances to provide food administration.

Article or due to major projects involving grain circulation pattern optimization and adjustment, and where removed, relocated grain and oil storage and logistics facilities or change its purpose, organizational dismantling, removal or change of use shall obtain the relevant acts grain and oil storage unit agreement, and prior approval of the administrative department of food facilities location stepwise report to the provincial people's government administrative departments of food.

Grain and oil storage unit shall demolition, change of use from the date of the occurrence of behavior within 30 working days Location grain administrative department.

Be removed, relocated grain and oil storage and logistics facilities location grain administrative department shall, according to "function did not fall, first built after the demolition of" principle, be responsible for overall coordination reconstruction, the area to ensure that the total amount of grain and oil storage and logistics facilities, layout and structure to meet the food security needs.

A lawfully be imposed on the administration of grain and oil storage and logistics facilities, expropriation, expropriation, requisition unit shall levy the date of expropriation, within 30 working days of grain and oil storage and logistics facilities location grain administrative department for the record . After

levy, such as impact on the local food supply security purchasing and storage capacity, the main levy higher people's government administrative departments shall Food reconstruction based on the amount, the layout and structure of grain and oil storage and logistics facilities, etc. to be coordinated.

Expropriation, requisition body of higher people's government administrative departments shall coordinate food after use and use as soon as the end of the restitution can not be restored, in accordance with the preceding provisions.

IX grain and oil storage unit lease, lend grain and oil storage and logistics facilities, and the lessee shall sign a contract, the parties expressly rights and obligations, and the date of execution, within 30 working days of food grain and oil storage and logistics facilities location administrative departments for the record.

Leasing, lending shall not undermine the function of grain and oil storage and logistics facilities shall not endanger the safety of stored grain and oil grain and oil storage units.

Article X of grain and oil storage and logistics facilities can not meet the safe storage of grain and oil or grain circulation needs, grain and oil storage shall repair or reconstruction reconstruction; relates to the layout and structural adjustment, the local people's governments above the county level administrative food management co-ordination.

Grain and oil storage and logistics facilities over the design life and does not have the value of maintenance and reconstruction, grain and oil storage shall be in accordance with the relevant provisions of the Waste Disposal; historical and cultural value, the local grain administrative department it shall coordinate repairs reserved.

Article 11 grain and oil storage area and adjacent areas can not be carried out is likely to endanger the safety of grain and oil storage and logistics facilities and safe storage of grain and oil, and may not set up a new source of pollution hazard at a safe distance.

To repair or reconstruct the location of the grain administrative departments should coordinate support
Article XII of grain and oil storage and logistics facilities suffered damage due to force majeure, the grain and oil storage units should be based on need.

Article 13 of maintaining or upgrading grain and oil storage and logistics facilities function, make up the gap in storage capacity, the new expansion for repair or alteration, the people's government administrative departments at all levels of the food shall coordinate with relevant departments to give financial and policy support.

Article 14 The provisions relate to specific record grain and oil storage and logistics facilities, formulated by the provincial people's government administrative departments of food. The record should be in the form of innovation, simplify procedures, optimization services, and actively promote e-filing.



Chapter III Supervision and Administration Article 15 No citizens, legal persons and other organizations of seizure, damage, unauthorized removal of grain and oil storage and logistics facilities, unauthorized changes in grain and oil storage and logistics facilities use, harm OILS logistics facilities and safe storage of grain and oil security violations, the right to food to the people's government administrative departments at all levels.

Article XVI above the county level people's government administrative department in conjunction with the food departments of seizure, damage, unauthorized removal of grain and oil storage and logistics facilities, unauthorized changes in grain and oil storage and logistics facilities use, endangering the safety and grain and oil storage and logistics facilities grain and oil storage safety violations be stopped and punished according to law.

Article XVII people's governments food administrations at all levels should investigate and master inventory and changes within the jurisdiction of grain and oil storage and logistics facilities, in accordance with the provisions of the grain circulation system statistics escalation, and the establishment of specialized archives. Related offenses and administrative penalties by the information investigate violations, impose administrative penalties of grain administrative department

Article XVIII grain and oil storage units to establish a credit record into the national credit information sharing platform, and in a timely manner in accordance with the relevant provisions public.

Article XIX units and individuals, governments at all levels to protect the grain administrative departments of grain and oil storage and logistics facilities have a major contribution to the coordination should be properly rewarded.

Article 20 The State grain administrative department in accordance with the relevant provisions of the relevant departments of the situation around the implementation of the measures carried out supervision and examination, examination results as food and infrastructure investment incentives, grants basis.

Protection of grain and oil storage and logistics facilities inadequate, seriously endangering the security of supply of grain purchasing and storage areas and units, national food administration departments to be criticized.



Chapter IV Legal Liability Article 21 Any citizen, legal persons and other organizations in violation of these provisions removed, relocated grain and oil storage and logistics facilities, illegal occupation, or damage to the grain and oil storage and logistics facilities unauthorized change of use by grain and oil storage and logistics facilities location grain administrative department ordered to make corrections and give a warning or penalty according to the law; there is illegal income, confiscate the illegal income; property damage, he shall bear civil liability; constitute a crime be held criminally responsible.

Article 22 The people's governments at all levels of the food and the relevant administrative departments of enterprises and institutions staff violation of these rules, abuse of power, malpractice or negligence, resulting in the loss of grain and oil storage and logistics facilities, damage, depending on the plot according to discipline in accordance with regulations to be a warning, demotion until the administrative sanction of expulsion. Involved in illegal, transferred to judicial organs; constitutes a crime, be held criminally responsible.

Article 23 grain and oil storage unit violates the provisions of not timely filing by filing under the jurisdiction of grain administrative department shall order rectification; refuse to correct, shall be given a warning or a fine.

Grain and oil storage unit due to their own causes grain and oil storage and logistics facilities significant losses, damages, should suspend its policy of grain and oil storage tasks.



Chapter V Supplementary Provisions Article 24 These Measures shall go into effect August 1, 2016.

Article 25 The term grain and oil storage units, refers to the size of storage capacity more than 500 tons or 100 tons more than the size of the tank capacity, specializing in grain and oil storage activities, or in grain and oil acquisition, sale, transportation, processing , import and export business activities during the legal persons and other organizations engaged in grain and oil storage activities.

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