Chapter I General Provisions

Article 1 These Regulations are enacted in accordance with relevant laws in order to protect the enthusiasm of grain producers, promote food production, safeguard the legitimate rights and interests of operators and consumers, safeguard national food security and maintain order in grain circulation.

Article 2 The business activities of purchasing, selling, storing, transporting, processing, importing and exporting grain (hereinafter collectively referred to as the grain business activities) within the territory of the People's Republic of China shall comply with these Regulations.

The food mentioned in the preceding paragraph refers to wheat, rice, corn, miscellaneous grains and their finished products.

Article 3 The state encourages the main players in various ownership sectors to engage in grain management activities and promote fair competition. The grain management activities carried out according to law are protected by the laws of the country. It is strictly forbidden to obstruct the free flow of grain through illegal means.

 

State-owned grain purchase and marketing enterprises should change their management mechanism, enhance their market competitiveness, play a main role in food distribution and take the lead in implementing the national grain policy.

Article 4 The price of grain is mainly formed by market supply and demand.

The state strengthens the management of grain circulation and strengthens its ability to regulate and control the grain market.

Article 5 Grain management activities shall follow the principles of voluntariness, fairness, honesty and credibility, shall not damage the lawful rights and interests of food producers and consumers, and shall not harm the interests of the state or the public interest in society.

Article 6 The department of development and reform under the State Council and the state grain administrative department shall be responsible for the overall balance of grain supply, macro-control and the structural adjustment of important grain varieties as well as medium and long-term planning of grain circulation. The state grain administration department shall be responsible for the administration of food circulation, Industry guidance and supervision of the laws, regulations, policies and the implementation of various rules and regulations on grain circulation.

 

The State Council administrations for industry and commerce, product quality supervision, health and price departments are responsible for the work related to the circulation of grain within their respective responsibilities.

 

Under the national macro-control, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, in accordance with the requirements of the responsibility system for grain governors, are responsible for the balance of the total grain output in the region and the management of local grain reserves. The grain administrative department of the local people's government at or above the county level shall be responsible for the administrative management and guidance of the grain circulation in the region. The departments of industry and commerce administration, product quality supervision, health and price of the local people's governments at or above the county level shall be responsible for the grain production within the scope of their respective responsibilities Circulation related work.

Chapter II Food Management

Article 7 Grain operators shall mean legal persons, other economic organizations and individual industrial and commercial households engaged in the business of purchasing, selling, storing, transporting, processing, importing and exporting foodstuffs.

Article 8 The operators engaged in the grain purchasing activities shall meet the following conditions:

 

(A) have the ability to fund the operation;

 

(2) Owning or having the necessary grain storage facilities by leasing;

 

(C) have the appropriate food quality inspection and storage capacity.

The specific conditions stipulated in the preceding paragraph shall be promulgated and promulgated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

 

Article 9 An operator who has obtained the status of food acquisition and registered in accordance with the "Regulations of the People's Republic of China on the Administration of Company Registration" may engage in the grain purchasing activities.

To apply for grain purchasing activities, it shall submit a written application to the grain administrative department at the same level that handles business registration, and provide such supporting materials as capital, storage facilities, quality inspection and custody capacity. The administrative department of grain shall finish the examination within 15 working days from the date of accepting the application and make a decision of permission and publicity for the applicants meeting the specific conditions as prescribed in Article 8 of these Regulations.

 

Article 10 To obtain the grain purchasing approval qualification of the grain administrative department, it shall go through the formalities of registration with the administrative department for industry and commerce according to law and indicate the grain purchase within the scope of business; if it has been registered with the administrative department for industry and commerce, it shall also obtain the grain purchasing activity The grain administrative department shall acquire the license of food purchase and shall, according to law, register with the administrative department of industry and commerce for the change of business scope and indicate the grain purchase in its business scope.

Article 11 Grain operators engaging in the grain purchasing activities according to law (hereinafter referred to as food acquisitors) shall inform the food retainers or publicize the varieties, quality standards and purchase prices of the food at the places of purchase.

 

Article 12 The purchaser of grain shall, when purchasing the food, execute the national grain quality standard, and shall not damage the interests of farmers and other food producers on the basis of the quality of the price; shall pay the grain selling price in a timely manner to the purchaser without arrears; shall not accept any Organizations or individuals entrusted withhold, pay any taxes, fees and other payments.

 

Article 13 The purchaser of grain shall regularly report to the grain administrative department of the people's government at the county level where the land was procured about the quantity of grain purchased and other relevant information.

Inter-provincial acquisition of grain should be regularly reported to the grain administrative department of the people's government at the county level where the place of acquisition and grain purchaser are located.

 

Article 14 Grain operators engaging in business activities such as grain sales, storage, transportation, processing, import and export shall register with the administrative department for industry and commerce.

 

Article 15 Grain storage facilities used by grain operators shall meet the requirements of the relevant standards and technical specifications for grain storage. Food should not be mixed with harmful substances that may pollute food. No foodstuffs prohibited by the State or over-used chemicals should be used for food storage.

Article 16 Grain transportations shall strictly implement the technical norms of national grain transport and may not transport the grain using polluted means of transport or packaging materials.

Article 17 Operators engaged in the processing of food grains shall have the processing conditions necessary for ensuring the food quality and hygiene, and shall not engage in any of the following acts:

 

(A) the use of moldy metamorphic raw grain, by-product processing;

 

(B) the use of additives in violation of the provisions;

 

(C) the use of non-conforming to the quality, hygiene standards of packaging materials;

 

(4) Other acts that affect food quality and hygiene.

 

Article 18 The grain sales shall be strictly implemented in accordance with the relevant food quality and hygiene standards of the state, no less than two pounds shall be used, the doping shall be used, the shoddy goods shall be used, the hoard shall not be hoarding, monopolizing or manipulating the grain prices, and the market dominate the market.

 

Article 19 The establishment of quality inspection system for grain sales out of storage. Grain storage enterprises over the normal storage period of Chen grain, before leaving the library should be qualified by the quality of food inspection agencies for quality identification, where the aging deterioration, does not meet food hygiene standards for food, is strictly forbidden to flow into the rations market. The purchase qualification of Chenhua Grain shall be determined by the grain administrative department of the people's government at the provincial level together with the industrial and commercial administrative department. The standard of determination of Chenyou Grain shall be formulated by the State Grain Administration in conjunction with the relevant departments and the specific measures for the sale, handling and supervision of Chenyu Grain shall be implemented in accordance with the relevant provisions of the State.

 

Article 20 Operators engaged in the grain purchasing, processing and sales must maintain the necessary inventory.

When necessary, the specific standards for minimum and maximum inventories shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

 

Article 21 State-owned and state-controlled grain enterprises shall actively acquire grain and do the purchasing and marketing of food entrusted by the government and the policy-oriented use of grain, obeying and serving the state's macro-control.

Article 22 For food buyers meeting the loan conditions, the bank shall provide the loan for acquisition in time in accordance with the relevant provisions of the state. China Agricultural Development Bank should ensure that the central and local grain reserves and government control of grain and other policy needs of the credit needs of the state-owned and state-controlled grain purchasing and marketing enterprises, large-scale grain industrialization leading enterprises and other grain buying and selling enterprises by Corporate risk tolerance to provide credit support.

 

Article 23 All grain operators engaged in the purchase, sale, storage and processing of grain, as well as feed grain and industrial grain enterprises shall set up the grain management account and submit food purchases to the grain administrative department of the people's government at the county level where they are located Jin, sales, storage and other basic data and the situation. The time limit for grain operators to keep food business accounts shall not be less than 3 years. If the basic data submitted by the grain operator and the relevant circumstances involve commercial secrets, the grain administrative department shall have the duty of confidentiality.

 

The national grain circulation statistics system shall be formulated by the state grain administrative department and be submitted to the statistical department of the State Council for approval.

 

Article 24 The food industry associations and intermediary organizations shall strengthen self-discipline of the industry and play a supervisory and coordinating role in maintaining the order of the grain market.

 

Chapter III Macro-control

 

Article 25 The state shall adopt such necessary administrative measures as grain throughput, commissioned acquisition, import and export of grain, and other economic instruments as well as price intervention so as to strengthen the regulation and control over the grain market and maintain the basic balance of the total grain supply and demand in the country and the basically stable prices .

 

Article 26 The state shall implement the grain reserve system graded by the Central Government and the local government. Food reserves are used to regulate food supply and demand, stabilize food markets, and respond to major natural disasters or other emergencies.

The procurement and sales of policy-oriented grain are carried out in principle through the grain wholesale market and may also be conducted in other ways prescribed by the state.

 

Article 27 The State Council and local people's governments shall establish and improve a system of funds for food risks. The grain risk fund is mainly used for direct subsidies to grain farmers, supporting grain reserves and stabilizing food markets.

 

The financial department of the State Council and the local people's government is responsible for the supervision and administration of the food risk fund to ensure earmarking.

 

Article 28 When there is a major change in the supply and demand of grain, the State Council may decide on the minimum purchase price for the key grain varieties in the major grain-producing areas if necessary in order to guarantee the market supply and protect the interests of the grain-growing farmers.

 

When the price of food rises sharply or may rise significantly, the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may take price intervention measures in accordance with the "Price Law of the People's Republic of China".

 

Article 29 The department of development and reform under the State Council and the state grain administration shall, in conjunction with the departments of agriculture, statistics and product quality supervision, take charge of the monitoring and early warning analysis of the supply and demand in the grain market, establish a system of spot checks of grain supply and demand, issue food production, consumption, prices, Quality and other information.

 

Article 30 The state encourages grain-producing areas and main sales areas to establish a stable relationship of production and marketing in various forms, encourages the establishment of an integrated grain production and sales enterprise and the development of order-based agriculture, and provides the necessary economic benefits to the state when implementing the minimum purchase price And give priority in food transport.

Article 31 The State shall implement the grain emergency response mechanism when abnormal fluctuations in supply and demand in the grain market are caused by major natural disasters, major epidemics or other emergencies.

 

Article 32 The state establishes an emergency food emergency system. The department of development and reform under the State Council and the state grain administrative department jointly with relevant departments under the State Council shall formulate a nationwide grain contingency plan and submit it to the State Council for approval. The people's government of a province, autonomous region or municipality directly under the Central Government shall, according to the actual conditions in the region, formulate a grain emergency plan for its own administrative area.

Article 33 To start the national grain emergency plan, the department of development and reform of the State Council and the state grain administrative department shall make suggestions and submit the plan to the State Council for approval before it is implemented.

Promote grain contingency plans in provinces, autonomous regions and municipalities directly under the Central Government and make recommendations to the development and reform departments of provinces, autonomous regions and municipalities directly under the Central Government and grain administration departments and report them to the people's government at the same level for decision and report to the State Council.

Article 34 After the food emergency plan is started, all grain operators must undertake emergency tasks in accordance with the requirements of the state, obey the unified arrangement and scheduling of the state and ensure the need of emergency work.

Chapter IV Supervision and Inspection

 

Article 35 The grain administrative department shall supervise and inspect the purchase and sale activities of grain operators engaged in the grain purchasing, storage and transportation activities and policy-oriented grain purchases as well as the implementation of the state grain circulation statistics system in accordance with these Regulations.

 

The grain administrative department shall check the eligibility for food purchase according to the requirements of the state.

During the process of supervision and inspection, the grain administrative department may enter into the grain handlers' business premises to check the stock of grain, the quality of grain during the acquisition and storage activities, and the raw food hygiene; check whether the grain storage facilities and equipment comply with the national technical norms; Relevant information, vouchers; to investigate the relevant units and personnel to understand the situation.

 

Article 36 The product quality supervision department shall, in accordance with the provisions of relevant laws and administrative rules and regulations, supervise and inspect the illegal acts such as fake fake goods, shoddy goods and adulterated goods during grain processing.

 

Article 37 The administrative departments for industry and commerce shall, in accordance with the provisions of the relevant laws and administrative regulations, supervise the operation of unlicensed food, out-of-range foodstuffs and the hoarding of foodstuffs in the grain business activities, bully the market, buy and sell hard, Shoddy shoddy market order and illegal transactions conduct supervision and inspection.

 

Article 38 The health department shall supervise and inspect the hygiene in grain processing and sales as well as the hygiene in the storage of finished grain in accordance with the provisions of relevant laws and administrative regulations.

 

Article 39 The competent department of price shall, in accordance with the provisions of the relevant laws and administrative regulations, supervise and inspect price violations in grain circulation activities.

 

Article 40 Any unit or individual has the right to file a report to the department concerned in violation of the provisions of these Regulations. The relevant department shall keep the prosecutor confidential and deal with it promptly in accordance with the law.

 

Chapter V Legal Liability

Article 41 Any grain purchased illegally acquired by the administrative department for industry and commerce shall not be confiscated by the administrative department for industry and commerce without the permission of the grain administrative department or without the registration of the administrative department for industry and commerce. If the circumstances are serious, the illegal acquisition of food at an amount twice the value of the grain More than 5 times the fines; constitute a crime, shall be held criminally responsible.

 

The grain administrative department shall detect the case and hand it over to the administrative department for industry and commerce for punishment according to the provisions of the preceding paragraph.

 

Article 42 Whoever obtains the food purchasing eligibility license through deception, bribery or other improper means shall be disqualified by the grain administrative department from the acquisition of food, and the administrative department for industry and commerce shall revoke the business license and confiscate the illegal income; if a crime is constituted, criminal responsibility shall be investigated according to law .

 

Where a staff member of the grain administrative department handles the acquisition of the license for food purchase, solicits or accepts the property of others or gains other benefits, and constitutes a crime, he shall be investigated for criminal responsibility according to law; if the crime is not yet constituted, administrative sanctions shall be imposed in accordance with the law.

 

Article 43 If the purchaser of food fails to inform, publicize the grain purchase price or buy food grade price, monopolize or manipulate the price, the price purchasing department shall, in accordance with the relevant provisions of the "Price Law of the People's Republic of China" Give administrative punishment.

 

Article 44 In any of the following circumstances, the grain administrative department shall order it to make corrections, give it a warning, and may impose a fine of not more than 200,000 yuan; if the circumstances are serious, the food administrative department shall suspend or cancel the grain purchase. Eligibility: