Order of the State Council of the People's Republic of China
No. 740
The "Regulations on the Administration of Grain Circulation" has been revised and adopted at the 121st executive meeting of the State Council on January 4, 2021. The revised "Regulations on the Administration of Grain Circulation" is hereby promulgated and will come into force on April 15, 2021.
Premier Li Keqiang
February 15, 2021
Regulations on the Administration of Grain Circulation
(Decree No. 407 of the State Council of the People's Republic of China issued on May 26, 2004 was revised for the first time in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on July 18, 2013, and in accordance with the Decision of the State Council on Amending and Amending Some Administrative Regulations on February 6, 2016. Decisions on Certain Administrative Regulations, Second Amendment (Second Amendment of Order No. 740 of the State Council of the People's Republic of China on February 15, 2021)
Chapter 1 General Provisions
Article 1 In order to protect the enthusiasm of grain producers, promote grain production, safeguard the legitimate rights and interests of operators and consumers, ensure national grain security, and maintain the order of grain circulation, these Regulations are formulated in accordance with relevant laws.
Article 2 Those who engage in business activities such as grain purchase, sale, storage, transportation, processing, import and export within the territory of the People's Republic of China (hereinafter collectively referred to as grain business activities) shall abide by these Regulations.
The grains mentioned in the preceding paragraph refer to wheat, rice, corn, miscellaneous grains and their finished grains.
Article 3 The state encourages market entities with multiple ownerships to engage in grain business activities to promote fair competition. Grain business activities carried out in accordance with the law shall be protected by national laws. Obstructing the free flow of food by illegal means is strictly prohibited .
State-owned grain enterprises should transform their operating mechanisms, improve their market competitiveness, play the role of the main channel in grain circulation, and take the lead in implementing the national grain policy.
Article 4 Grain prices are mainly formed by market supply and demand.
The state strengthens the management of grain circulation and enhances its ability to regulate the grain market.
Article 5 Grain business activities shall follow the principles of voluntariness, fairness and good faith, shall not damage the legitimate rights and interests of grain producers and consumers, and shall not damage national interests and public interests, and take effective measures to prevent and reduce food loss and waste.
Article 6 The development and reform department of the State Council and the national grain and reserve administrative department are responsible for the national grain balance, macro-control, structural adjustment of important grain varieties, and medium and long-term planning for grain circulation. The national grain and reserve administrative department is responsible for the administrative management and industry guidance of grain circulation, and supervises the implementation of laws, regulations, policies and various rules and regulations related to grain circulation.
The State Council's market supervision and management, health and other departments are responsible for the work related to grain circulation within the scope of their respective responsibilities.
Article 7 Provinces, autonomous regions, and municipalities directly under the Central Government shall implement the same responsibility of the Party and government for food security, improve the responsibility system of the governors for food security, assume the main responsibility for ensuring food security in their respective administrative regions, and be responsible for the total amount of grain in their respective administrative regions under the state's macro-control Balance and management of local grain reserves, etc.
The grain and reserve administrative department of the local people's government at or above the county level shall be responsible for the administrative management and industry guidance of grain circulation in their respective administrative areas; the market supervision and management, health and other departments of the local people's government at or above the county level shall be responsible for the grain circulation within the scope of their respective responsibilities. work.
Chapter II Grain Management
Article 8 Grain operators refer to natural persons, legal persons and unincorporated organizations engaged in business activities such as grain purchase, sales, storage, transportation, processing, import and export.
Article 9 Operators engaged in grain purchases (hereinafter referred to as "grain purchasers") shall have the ability to adapt to the varieties and quantities of grains they purchase.
Enterprises engaged in grain purchase (hereinafter referred to as “grain purchase enterprises”) shall file a record with the grain and reserve administrative department of the county-level people's government at the place of purchase for information such as the enterprise's name, address, person in charge, and storage facilities. If content is changed,change record.
The grain and reserve administrative departments of the local people's governments at or above the county level shall strengthen grain purchase management and services, and regulate grain purchase activities. The specific management measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 10 When purchasing grain, a grain purchaser shall notify the grain seller or publicize the variety, quality standard and purchase price of the grain at the purchase site.
Article 11 When purchasing grain, grain purchasers shall implement the national grain quality standards, evaluate the price according to quality, and shall not harm the interests of farmers and other grain producers; they shall pay grain sellers in a timely manner and shall not be in arrears; they shall not accept any The organization or individual's entrusted withholding and payment of any taxes, fees and other payments.
When purchasing grain, grain buyers shall conduct quality and safety inspections in accordance with relevant state regulations to ensure grain quality and safety. Grains that do not meet food safety standards should be stored separately for non-edible purposes.
Article 12 Grain purchasing enterprises shall regularly report the quantity of grains purchased and other relevant information to the grain and reserve administrative department of the people's government at the county level in the place of purchase.
For cross-provincial purchase of grain, the relevant information such as the quantity of grain purchased shall be regularly reported to the grain and reserve administrative department of the people's government at the county level at the place of purchase and where the grain purchase enterprise is located.
Article 13 The storage facilities used by grain purchasers and enterprises engaged in grain storage (hereinafter referred to as grain storage enterprises) shall comply with the relevant standards and technical specifications for grain storage, as well as the requirements of safety production laws and regulations, and shall have the same specifications as the storage variety, scale, The storage conditions that are suitable for the cycle, etc., reduce the loss of grain storage.
Grain shall not be mixed with toxic and harmful substances that may pollute the grain, and chemical agents prohibited by the state or excessive use of chemical agents shall not be used in the storage of grain.
Article 14 When transporting grain, the technical specifications of the state for grain transport shall be strictly implemented to reduce the loss of grain transport. Contaminated means of transport or packaging materials shall not be used to transport grain, nor shall it be transported in combination with toxic and hazardous substances.
Article 15 Those engaged in the food production of grain shall meet the conditions and requirements stipulated in food safety laws, regulations and standards, and shall be responsible for the safety of the food they produce.
The state encourages grain operators to increase the yield of finished grains and the comprehensive utilization rate of by-products.
Article 16 The sales of grain shall strictly comply with the relevant national standards for grain quality, and shall not underestimate the quality of grains, adulterate them with fakes, or use inferior products, and shall not hoard, monopolize or manipulate grain prices, or bully the market.
Article 17 During the grain storage period, grain quality inspection shall be carried out on a regular basis, and when the grain quality reaches a low level and is unsuitable for storage, it shall be released from the warehouse in time.
Establish a quality and safety inspection system for grain sales and storage. For grain within the normal storage period, the grain storage enterprise shall conduct quality and safety inspection by itself or by entrusting a grain quality and safety inspection agency before leaving the warehouse; for grain beyond the normal storage period, the grain that has been stored using the grain storage agent during the storage period has not yet reached the safety interval. As well as grains with abnormal color and smell, the quality and safety inspection shall be carried out by the grain quality and safety inspection agency before leaving the warehouse. Grain that has not been inspected for quality and safety shall not be sold out of the warehouse.
Article 18 Grain purchasers and grain storage enterprises shall not sell the following grains for food purposes:
(1) The content of mycotoxins, pesticide residues, heavy metals and other pollutants and other substances that endanger human health exceeds the limit of food safety standards;
(2) Mildew or abnormal color or smell;
(3) The use of stored grain medicines during the storage period has not reached the safe interval;
(4) Contaminated by packaging materials, containers, means of transport, etc.;
(5) Other laws, regulations or relevant provisions of the state expressly prohibit sales for edible purposes.
Article 19 Business operators above designated size engaged in grain purchase, processing and sales shall, in accordance with the provisions of the people's government of the province, autonomous region or municipality directly under the Central Government where they are located, implement the grain inventory under specific circumstances.
Article 20 Grain operators engaging in policy grain business activities shall strictly abide by the relevant provisions of the state, and shall not commit the following acts:
(1) Falsely reporting the quantity of grain purchased and stored;
(2) Obtaining credit funds by defrauding grain price differences and financial subsidies by means of Chen Dingxin, shoddy charging, low-income high-return, false purchase and sale, false rotation, illegal reselling, etc.;
(3) Expropriating, misappropriating or deducting financial subsidies and credit funds;
(4) Using policy grains as a guarantee for debts or paying off debts;
(5) Using policy grains to conduct business operations other than policy tasks entrusted by the government;
(6) When policy grains are shipped out of warehouses, they are mixed with fake, substandard, or exchanged objects, refusing to execute orders for outgoing or obstructing outgoing;
(7) Purchasing policy grains for purposes limited by the state, reselling them in violation of regulations or disposing of them for specified purposes;
(8) Unauthorized use of policy grain;
(9) Other acts in violation of the national policy-oriented grain management regulations.
Article 21 State-owned grain enterprises shall actively purchase grain, do a good job in policy-based grain purchase and sales, and obey and serve the state's macro-control.
Article 22 For grain purchasers that meet the loan conditions, the bank shall provide purchase loans in a timely manner in accordance with relevant state regulations.
The Agricultural Development Bank of China shall ensure the credit capital needs of the central and local grain reserves and other policy grains, and provide credit capital support for state-owned grain enterprises, large-scale grain industrialization leading enterprises and other grain enterprises according to the risk tolerance of the enterprises.
The policy-based grain purchase funds shall be earmarked for special purposes and shall be operated in a closed manner.
Article 23 All operators engaged in grain purchase, sales, storage, and processing, as well as feed and industrial grain enterprises, shall establish a grain business ledger and submit grain to the local county-level people's government grain and reserve administrative department Purchase, sale, storage and other basic data and related information. The preservation period of the grain business ledger shall not be less than 3 years. If the basic data and relevant information submitted by grain operators involve commercial secrets, the grain and reserve administrative department shall be obliged to keep it confidential.
The national grain circulation statistics shall be implemented in accordance with the relevant provisions of the "Statistical Law of the People's Republic of China".
Article 24 The grain and reserve administrative department of the people's government at or above the county level shall establish a credit file of grain operators, record the results of daily supervision and inspection, the investigation and punishment of illegal acts, and publicize it to the public according to law.
Grain industry associations and intermediary organizations should strengthen industry self-discipline and play a supervisory and coordinating role in maintaining the order of the grain market.
Article 25 The state encourages and supports the development, promotion and application of advanced grain storage, transportation, processing and information technology, and carries out publicity and education on cherishing and saving grain.
The grain and reserve administrative departments of the people's governments at or above the county level shall strengthen the guidance and services for grain operators, and guide grain operators to save grain and reduce grain losses.
Chapter 3 Macro-control
Article 26 The state adopts various economic means and necessary administrative means such as policy-based grain purchase and sales, grain import and export, and strengthens the regulation of grain market, so as to maintain the basic balance of total national grain supply and demand and the basic stability of the market.
Article 27 The state implements a central and local graded grain reserve system. Grain reserves are used to regulate grain supply and demand, stabilize grain markets, and respond to major natural disasters or other emergencies.
In principle, the purchase and sale of policy-oriented grains is carried out publicly through the regulated grain trading center, and can also be carried out through other methods stipulated by the state.
Article 28 The State Council and local people's governments establish and improve the grain risk fund system. The Grain Risk Fund is mainly used to support grain reserves and stabilize grain markets.
The financial departments of the State Council and local people's governments shall be responsible for the supervision and management of the grain risk fund to ensure that the funds are used exclusively for the purpose.
Article 29 In order to ensure market supply and protect the interests of grain farmers, the State Council may, when necessary, decide to implement policy-based purchase and storage of key grain varieties in major grain producing areas based on the grain security situation and in light of the financial situation.
When grain prices rise significantly or are likely to rise significantly, the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the "Price Law of the People's Republic of China", take price intervention measures.
Article 30 The development and reform department of the State Council and the national grain and reserve administrative department shall be responsible for the monitoring and early warning analysis of the supply and demand situation of the grain market in conjunction with the agriculture and rural affairs, statistics, market supervision and management departments of the State Council, improve the monitoring and early warning system, and improve the grain supply and demand spot check system , publish information on food production, consumption, price, quality, etc.
Article 31 The state encourages the main grain producing areas and main grain sales areas to establish stable production and sales relations in various forms, encourages the cultivation of grain enterprises integrating production, purchase, storage, processing and sales, and supports the construction of grain production, processing and logistics Bases or parks, strengthen the protection of government grain and oil storage and logistics facilities, and encourage the development of contract agriculture. In the implementation of policy-based purchase and storage, the state will give necessary economic preferences, and give priority to grain transportation.
Article 32 When major natural disasters, major epidemics or other emergencies cause abnormal fluctuations in the supply and demand of the grain market, the state implements a grain emergency mechanism.
Article 33 The state establishes a food emergency response system for emergencies. The development and reform department of the State Council and the State Administration of Grain and Reserves, together with the relevant departments of the State Council, shall formulate a national emergency plan for grain, and submit it to the State Council for approval. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate food emergency plans for their respective administrative regions according to the actual conditions of their respective regions.
Article 34 The national grain emergency plan shall be initiated by the development and reform department of the State Council and the national grain and reserve administration department to put forward suggestions, which shall be implemented after being reported to the State Council for approval.
To activate the grain emergency plan of the province, autonomous region, or municipality directly under the Central Government, the development and reform department and the grain and reserve administrative department of the province, autonomous region, or municipality directly under the Central Government shall put forward suggestions, report it to the people's government at the same level for decision, and report to the State Council.
The formulation and activation of food emergency plans of the people's governments at the districted city and county levels shall be decided by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 35 After the grain emergency plan is activated, grain operators must undertake emergency tasks in accordance with the requirements of the state, obey the unified arrangements and scheduling of the state, and ensure emergency needs.
Article 36 The state encourages the development of the grain industry economy, improves the supply level of high-quality grain, and encourages leading enterprises in grain industrialization to provide safe and high-quality grain products.
Chapter IV Supervision and Inspection
Article 37 The state establishes and improves the quality and safety risk monitoring system for grain circulation. The health and market supervision and management departments of the State Council and the national grain and reserve administration and other departments shall organize and implement the national grain circulation quality and safety risk monitoring according to their respective functions; Departments shall organize and implement the risk monitoring of grain circulation quality and safety in their respective administrative regions according to their responsibilities.
Article 38 The administrative department of grain and reserves shall, in accordance with these Regulations, supervise and inspect the grain business operators engaged in grain purchase, storage, transportation, purchase and sale of policy grain, and the implementation of the national grain circulation statistical system.
In the process of supervision and inspection, the administrative department of grain and reserves may enter the business premises of grain operators, check relevant materials and certificates; check the quantity, quality and storage safety of grain; check whether the grain storage facilities and equipment comply with relevant standards and technical specifications; Investigate relevant information from relevant units and personnel; seal up or detain illegally purchased grains or grains that do not meet the national grain quality and safety standards, tools and equipment used for illegal operations or contaminated, and relevant account books and materials; seal up places where illegal grain business activities are conducted .
Article 39 The market supervision and administration department shall, in accordance with the provisions of relevant laws and regulations, supervise and inspect the acts of disrupting market order, illegal transactions and illegal pricing in grain business activities.
Article 40 Local people's governments at or above the county level shall strengthen the monitoring of grain pollution in their respective administrative regions, establish and improve a long-term mechanism for the purchase and disposal of contaminated grains, and take timely disposal measures if regional grain pollution is found.
Measures for the disposal of contaminated grains shall be formulated by the national grain and reserve administrative department in conjunction with the relevant departments of the State Council.
Article 41 Any unit or individual shall have the right to report to the relevant departments for acts violating the provisions of these Regulations. Relevant departments shall keep the whistleblower confidential and deal with them in a timely manner according to law.
Chapter V Legal Liability
Article 42 In violation of the provisions of these Regulations, the grain and reserve administrative departments and other relevant departments do not perform their duties of grain circulation management and supervision in accordance with the law, and the responsible leaders and directly responsible personnel shall be punished according to law.
Article 43 If a grain purchasing enterprise fails to file in accordance with the regulations or provides false filing information, the grain and reserve administrative department shall order it to make corrections and issue a warning; if it refuses to make corrections, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed.
Article 44 If a grain purchaser fails to inform and publicize the purchase price of grain in accordance with the regulations, or purchases grain to lower prices, monopolize or manipulate prices, etc., the market supervision and administration department shall be subject to the "Price Law of the People's Republic of China", "Price Law of the People's Republic of China", "Price Law of the People's Republic of China" The relevant provisions of the Anti-Monopoly Law of the People's Republic of China shall be punished.
Article 45 Under any of the following circumstances, the grain and reserve administrative department shall order it to make corrections, give a warning, and may concurrently impose a fine of not more than 200,000 yuan; if the circumstances are serious, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed:
(1) The grain purchaser fails to implement the national grain quality standard;
(2) The grain purchaser fails to pay the grain seller in time;
(3) Grain purchasers withhold or pay taxes, fees and other funds in violation of the provisions of these Regulations;
(4) The grain purchaser fails to conduct quality and safety inspections in accordance with relevant state regulations, or does not store the grains that do not meet the food safety standards as non-edible purposes;
(5) Grain operators engaged in grain purchase, sales, storage, and processing, as well as fodder and industrial grain enterprises, have not established a grain business ledger, or have failed to submit basic grain data and relevant information in accordance with regulations;
(6) Grain storage enterprises fail to conduct quality and safety inspection of grain sales and warehouses in accordance with regulations.
Article 46 If grain purchasers and grain storage enterprises fail to use storage facilities and means of transportation in accordance with the provisions of these Regulations, the grain and storage administration and other departments shall order corrections and give warnings in accordance with their duties; contaminated grain shall not be illegally sold or processed. .
Article 47 If a grain purchaser or grain storage enterprise sells the following grains for food purposes, the illegal income shall be confiscated by the grain and reserve administrative department; A fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed, and if the value of the goods exceeds 10,000 yuan, a fine of not less than 1 time but not more than 5 times the value of the goods shall be imposed:
(1) The content of mycotoxins, pesticide residues, heavy metals and other pollutants and other substances that endanger human health exceeds the limit of food safety standards;
(2) Mildew or abnormal color or smell;
(3) The use of stored grain medicines during the storage period has not reached the safe interval;
(4) Contaminated by packaging materials, containers, means of transport, etc.;
(5) Other laws, regulations or relevant provisions of the state expressly prohibit sales for edible purposes.
Article 48 Those engaged in the food production of grains that do not meet the conditions and requirements stipulated in food safety laws, regulations and standards shall be implemented by the market supervision and administration department in accordance with the Food Safety Law of the People's Republic of China and the Food Safety Law of the People's Republic of China Regulations and other relevant provisions to be punished.
Article 49 Those who engage in policy-based grain business activities and fall under any of the following circumstances shall be ordered by the grain and reserve administrative department to make corrections, given a warning, confiscated their illegal gains, and imposed a fine of not less than 500,000 yuan but not more than 2 million yuan; if the circumstances are serious , and impose a fine of not less than 2 million yuan but not more than 5 million yuan:
(1) Falsely reporting the quantity of grain purchased and stored;
(2) Obtaining credit funds by defrauding grain price differences and financial subsidies by means of Chen Dingxin, shoddy charging, low-income high-return, false purchase and sale, false rotation, illegal reselling, etc.;
(3) Expropriating, misappropriating or deducting financial subsidies and credit funds;
(4) Using policy grains as a guarantee for debts or paying off debts;
(5) Using policy grains to conduct business operations other than policy tasks entrusted by the government;
(6) When policy grains are shipped out of warehouses, they are mixed with fake, substandard, or exchanged objects, refusing to execute orders for outgoing or obstructing outgoing;
(7) Purchasing policy grains for purposes limited by the state, reselling them in violation of regulations or disposing of them for specified purposes;
(8) Unauthorized use of policy grain;
(9) Other acts in violation of the national policy-oriented grain management regulations.
After the grain emergency plan is activated, those who fail to undertake emergency tasks as required by the state and fail to obey the unified arrangement and dispatch of the state shall be punished in accordance with the provisions of the preceding paragraph.
Article 50 The market supervision and administration department shall punish the acts of disrupting market order and illegal transactions in grain business activities in accordance with the provisions of relevant laws and regulations.
Article 51 If an enterprise engaged in grain business activities violates the laws and regulations stipulated in these Regulations and the circumstances are serious, its legal representative, main responsible person, directly responsible person in charge and other directly responsible personnel shall be punished with the previous year from the previous year. The enterprise will be fined more than 1 time but not more than 10 times its income.
Article 52 Anyone who violates the provisions of these Regulations and obstructs the free flow of grain shall be punished in accordance with the "Provisions of the State Council on Prohibiting the Implementation of Regional Blockades in Market Economic Activities".
Article 53 Violations of the provisions of these Regulations constitute violations of public security management, and the public security organs shall impose public security management penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 54 The meanings of the following terms in this Regulation are:
Grain purchase refers to the bulk purchase of grain by grain farmers, other grain producers or grain brokers, and farmers' professional cooperatives.
Grain processing refers to the activities of converting raw grains into semi-finished grains, finished grains and other edible or non-edible products through processing.
Policy grain refers to the grain designated or entrusted by the government to purchase, store, process, and sell grain operators, and provide financial and financial policy support, including but not limited to government grain reserves.
Grain brokers refer to operators who directly purchase grain in bulk from grain farmers, other grain producers, and farmers' professional cooperatives with individuals or families as their main business entities.
Technical specifications refer to the supplementary technical requirements formulated by the national grain and reserve administrative department according to the needs of supervision and management work that have not yet formulated national standards and industry standards.
Article 55 The purchase, sale, storage, transportation, processing, import and export of soybeans, oilseeds and edible vegetable oils shall be governed by the provisions of these Regulations except for the second paragraph of Article 9.
The administration of grain import and export shall be carried out in accordance with the provisions of relevant laws and regulations.
Article 56 These Regulations shall come into force on April 15, 2021.
No comments:
Post a Comment