2004-11-29 11:16
Adopted by The fifth session of standing committee of the tenth People's Congress of Hebei Province (Sep. 26, 2003)
Chapter I General Principles
Article 1 For the purposes of enhancing the supervision and management of the production and sale of wine, safeguarding the order of wine market, promoting the healthy development of wine industry, protecting the legitimate rights and interests of the consumers, producers and sellers of wine, these
regulations are formulated according to the actual condition of Hebei in accordance with the Law of the PRC on Protecting Consumers’ Legitimate Rights and Interests, Administrative Permission Law of the PRC and other related laws and regulations.
Article 2 All units or individuals who are engaged in wine production and sale and the administrations of wine production and sale should abide by the said regulations.
Article 3 The wine referred to in these regulations includes all kinds of white spirits, beer, rice wine, fruit wine, cooking ethyl alcohol and other alcoholic drinks except the medical liquor examined and approved by state food and drug administrations.
Article 4 Local people’s government higher than county should encourage and support the development of famous quality wine and organize related departments to investigate and deal with the production and sale of counterfeit and shoddy wine.
Article 5 Wine administrations affirmed by local people’s government higher than county are in charge of the supervision and management of wine production and sale in local administrative region.
The administrations of quality supervision, industry and commerce, public health and public security in all levels should supervise and manage wine according to their obligations in accordance with laws.
Article 6 Encourage wine industries to establish and perfect self-discipline system, play their role in consultation and service.
Chapter II Production Management
Article 7 Any one who is engaged in wine production should obtain wine production license issued by quality supervision administration higher than province in accordance with laws. Applying for wine production license should meet following requirements:
1. Have business license issued by industrial and commercial administrations;
2. Have the technology, measuring and testing instruments that may assure the quality of wine, and the professionals who qualifies the requirements;
3. The quality of wine meets national quality and health standard;
4. Have obtained health license issued by competent health administrations, and meet related rules of environmental protection and safety production;
5. Accord with national industrial policy, have certain production scope;
6. Other requirements specified by laws and rules.
Article 8 If wine producers produce wine together with others, establish production enterprises or trust others to process it far from home, they should carry out uniform quality standard, raw and supplementary materials formula, production technology and wine quality examination rules.
Article 9 No one is allowed to do the following while producing and selling wine:
1. Use industrial alcohol, synthetic alcohol and additive that is harmful to human health;
2. Mix, adulteration, take the spurious as the genuine, take poor quality as high quality, and pass the wine that does not meet the standard as the wine that meets the standard;
3. Falsify the origin of wine production, falsify or assume other factory’s name, address, authenticated marks and famous quality marks;
4. Use without authorization the peculiar name, packing and packaging the wine produced by others, or use the name, packing and packaging similar to those produced by others and cause the mix with the wine produced by others;
5. Other activities forbidden by laws and rules.
Article 10 Wine producers should establish perfect quality assurance system, must inspect wine and issue quality certificate before the wine leaves the factory, and the factory’s name, address, production date, the number of production license, the name and content of major materials should be spec
ified in Chinese on the marked position of the packing.
The wine that has a term of validity should be given clear indication of expiry date.
Chapter III Sale Management
Article 11 Any one who is engaged in sale of wine should obtain wine wholesale or retail licenses issued by wine administrations;
Article 12 Applying for wine wholesale or retail license should meet following requirements:
1. Have registered capital corresponding to the business scale;
2. Have fixed place of business and storage facilities, obtained health license issued by health administrations, and meet the requirements of fire-fighting;
3. Have professionals who know well knowledge of wine and have perfect management rules;
4. Other requirements specified by laws and rules.
Article 13 Applying for wine retail license should meet following requirements:
1. Have fixed place of business;
2. Have health license issued by health administrations.
Article 14 The applicant should make a written application to provincial wine administration for wine wholesale license or to wine administrations of municipal where districts are established or county (city) for wine retail license.
The applicant should submit related materials, tell the truth and be responsible for the truthfulness of the application materials.
Article 15 If the materials provided by the applicant are complete and meet legal form, and wine administration may make a decision on the spot, it should give an administrative permission in writing on the spot.
Article 16 Except the applications that may be given an administrative permission on the spot, wine administration should make an administrative permission with 20 days at the receipt of the application. If administrative permission is made, wine wholesale or retail license should be issued and dist
ributed within 10 days. Wine administration of county (city) should make a record in wine administration of municipal where districts are established within 15 days as of making the administrative permission.
Article 17 If the wine administration does not make an administrative permission to an application, it should give reasons in writing and inform the applicant that he has the rights of applying for administrative reconsideration or bring a lawsuit.
Article 18 Wine administrations must not collect fees when they provide form version of the application letter for wine wholesale or retail license.
The funds for implementing administrative permission by wine administrations should be listed in the budget of the administrations. The public finance in the administrations provides and allocates the funds in accordance with the budget.
Article 19 The term of validity of wine wholesale and retail license is three years. If the person concerned needs to postpone the term of validity, he should make a written application to the administration that issued the license 30 days before the expiration of the term. Wine wholesale and retail
sale license are examined annually. If any one who does not make annual examination or does not pass annual examination, his wine wholesale or retail license will be recalled.
In the term of validity of wine wholesale or retail license, if any change is made in the name, legal representative, the place of business and the scope of business of any wine seller, an application should be made to the administration that issued the license for going through the change formality
at the day of making any changes.
Article 20 Wine wholesale and retail license is printed uniformly by provincial wine administrations. No unit and individual are allowed to alter, resell at a high profit, rent out or lend the license.
Article 21 Wine producers and sellers must not sell wine to the sellers who have not obtained wine wholesale license or retail license. Wine sellers must not purchase wine from the enterprises and individuals who do not have wine production license or wine wholesale license.
Article 22 No enterprises and individuals are allowed to sale wine that has exceeded the time limit and gone bad.
Article 23 When wine producers and sellers are purchasing or selling wine, they shall examine mutually wine production license, wholesale license, retail license and the certificate of quality inspection, and ask for copies for future examination. If the wine is indicated high quality on the packing
, the certificate of high quality should be checked.
Chapter IV Supervision and Examination
Article 24 Wine administrations and related administrative supervision authorities should do their duty to carry out supervision and examination on wine production and sale in accordance with related provisions of the laws and rules by daily examination, selective examination and joint examination,
and deal with illegal activities in accordance with laws, such as producing without license, selling or producing and selling counterfeit and shoddy wine.
Article 25 Wine administrations should send no less than two staffs to be on official duty. The staffs on duty should wear uniform sign that is made and issued by wine administrations, and show the certificate of administrative law enforcement. If any staff does not show his certificate of administr
ative law enforcement, the person concerned has the right to refuse his supervision and examination.
Article 26 Wine administrations may take following measures while being on duty:
1. Ask related unit and individual concerned about the cases that have something to do with wine supervision;
2. Look up, copy or record related materials that have something to do with wine supervision;
3. Ask the unit and individuals who are under the examination to give an explanation about the cases that have something to do with wine supervision.
Article 27 The staffs of wine administrations should abide by following rules while making supervision and examination:
1. Must not disturb normal production and sales of the units and individuals under examination;
2. Must not ask for and accept property and other interests of the units and individuals under examination;
3. Must not leak commercial secret of the units and individuals under examination;
4. If any staff has direct interest relationship with the units and individuals under examination, he should stay out of the inspection;
Article 28 When wine administrations are carrying out inspection and collecting evidence, if the evidence may be destroyed or lost, or is difficult to be obtained in the future, they may register and keep it in advance with the approval of the person in charge of wine administration.
As for the materials, equipments, tools and other related goods, wine administrations should fill them in a form, and a signature should be made on the form by the staff of law enforcement of wine supervision, the person concerned or the witness. If the person concerned refuses to sign on the form,
an indication of refusing to sign on it should be made clear by the staff of law enforcement of wine supervision on the form. The form is in triplicate and one of them is given to the person concerned on the spot.
Wine administration should take good care of the goods that have been registered for keeping, and make a decision how to deal with them within 7 days. If any goods are lost because of not keeping well, they should bear compensation responsibility.
Article 29 All units and individuals have the rights to complain and inform the illegal activities in wine production and sale to wine administrations or related administrative supervision authorities. Any one who acts contrary to the said regulations should be imposed an administrative penalty. Any
one who is inspected of committing a crime should be transferred to judicial organ. If any informed case is proved to be true, a certain award is given to the complainant or informant in accordance with related rules.
Chapter V Law responsibility
Article 30 Wine producers and sellers should be punished by wine administration or related administrative supervision authorities according to their responsibilities in accordance with laws in case of following cases: Anyone who causes person injury or property losses to others should bear compensat
ion responsibility. If the case is serious, wine production license, wholesale license and retail license should be recalled. Anyone who commits a crime should be ascertained criminal responsibility.
1. If any one acts contrary to Article 7, 11 and 20, he is instructed to stop production and sale, and his illegal income and the wine produced and sold illegally are confiscated, and a fine of one time more or three times less than the value of wine produced or sold illegally is imposed.
2. If any one acts contrary to Article 9, Item 1, he is instructed to stop illegal activities, his illegal income and the wine produced and sold illegally, production equipments and related raw and supplementary materials are confiscated, and a fine of one time more or five times less than the value
of wine produced or sold illegally is imposed.
3. If any one acts contrary to Article 9, Item 2, he is instructed to stop production and sale, his illegal income, the wine produced and sold illegally are confiscated, and a fine of 50 per cent more or three times less than the value of wine produced or sold illegally is imposed, and raw and suppl
ementary materials, packing, and production tools specially for producing the spurious wine as the genuine wine are confiscated.
4. If any one acts contrary to Article 9, Item 3, he is instructed to make corrections, his illegal income is confiscated, a fine of less than the value of wine produced or sold contrary to the laws is imposed.
5. If any one acts contrary to Article 9, Item 4, he is instructed to stop illegal activities, his illegal income is confiscated, and one time more or three times less than the sum of illegal income is imposed according to the circumstances.
6. If any one acts contrary to Article 19, Section 2, he is instructed to apply for and obtain the license within the specified time. As for wholesale dealers, a fine of less than 1000 yuan is imposed, and as for retail dealers, a fine of less than 100 yuan is imposed.
7. If any one acts contrary to Article 21, he is instructed to make corrections, and his illegal income is confiscated, and a fine of more than 1000 yuan or less than 3000 yuan is imposed.
8. If any one acts contrary to Article 22, he is instructed to stop selling, his illegal income and the wine being sold illegally are confiscated, and a fine of two times less than the value of the wine being sold illegally.
Article 31 If any one acts contrary to Article 10, he is instructed to make corrections, and his illegal income is confiscated. If any one does not indicate the production date and expiry date clearly in Chinese on the marked position of the packing and the case is serious, he is instructed to stop
production and sale, and a fine of 30 per cent less than the value of the wine produced or sold illegally is imposed.
Article 32 If any applicant acts contrary to Article 14, Section 2, covering up related condition or providing false materials while applying for the license of wine wholesale or retail, wine administration will not accept or approve his application and give him a warning. The applicant must not app
ly for the license of wine wholesale or retail within one year.
Article 33 If the person concerned disagrees with the administrative penalty, he may make an application for administrative reconsideration or bring an administrative lawsuit in accordance with laws.
Article 34 If any staff of wine administration violates one of the provisions in Article 27, and acts intentionally or committed a serious fault, he is imposed administrative penalty. If he commits a crime, he is ascertained criminal responsibility in accordance with laws.
Article 35 If wine administration or related administrative supervision authorities and their staffs violate the said regulations in case of following cases, they are instructed to make corrections by administrative authorities in higher level or supervision authorities. If the case is serious, the
direct competent person and other persons who have direct responsibility are imposed administrative disciplinary measure. If they commit a crime, they are ascertained criminal responsibility in accordance with laws:
1. Issue wine production license, wholesale license and retail license to the applicants who do not have application qualifications or do not meet legal requirements;
2. Do not approve the application made by the applicants who are qualified legal requirements or do not approve the application within legal time.
3. Do not make clear to the applicants why the application is not accepted or approved;
4. Do not accept the informants that should have been accepted and do not make investigations into or deal with the accepted informants;
5. Do not carry out the duty of supervision and examination, do not stop, check and deal with the legal activities that should have been stopped, checked and dealt with, and cause serious consequences;
Chapter VI Supplementary Articles
Article 36 The value of the wine stipulated in the said regulations is calculated by the marked price of the wine produced or sold illegally. If the wine has no marked price, it is calculated in accordance with the market price of this kind of wine.
The wine produced or sold illegally referred to in these regulations include the wine that have been sold out or have not been sold.
Article 37 The said regulations come into effect as of December 1,2003.
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