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21, the legal office of the state council on its official website announced by the national development and reform commission, the state grain bureau jointly with the relevant departments to draft the LiangShiFa (draft) "the full text, to promote food production, food circulation order, ensure national food security. Draft specifically, any unit and individual shall not, without application of transgenic technology in main grain varieties. The full text is as follows:
LiangShiFa (draft)
The first chapter is always
Article 1 with a view to promote the food production, food circulation order, ensure the effective supply of grain, keep sustainable development of the food industry, ensure national food security, this law is enacted.
Article 2 within the territory of the Peoples Republic of China food production, circulation and consumption activities of this law shall apply.
Food is referred to in this law refers to the grain and their past, beans and potato; Grain circulation is refers to the whole process of food from production field to consumption field, including acquisition, storage, transportation, processing, wholesale, retail and import and export activities.
Article 3. The food is special goods, like countries to implement the policy of domestic self-sufficient in grain, the state practices the market regulation under macroeconomic regulation and control the management system of food production, circulation and consumption activities, the basic balance of the total basic national grain supply and demand and price stability.
Article 4 the state shall establish a stable supply, powerful reserve enough, control, efficiency, quality and safety of food security guarantee system.
Article 5 of the implementation of national food security under the macroeconomic regulation and control of the peoples governments at the provincial level administrative heads responsibility system.
Responsible for the regional peoples government at the provincial level of grain production, circulation, reserve and market regulation, ensure that the food supply, food market order maintenance, ensure food quality and safety, etc.
State shall practise a system of food security assessment of accountability, the specific measures shall be formulated by the state council.
Article 6 of the national development and reform department of the state council shall be responsible for the national food of the aggregate balance, the macroeconomic regulation and control, formulation of national food security, medium and long term planning to study and put forward food production, circulation, consumption policy advice, food import and export total plan and organize their implementation.
National food administration department to study and put forward the national grain macroeconomic regulation and control, the aggregate balance, medium and long term planning and modern food circulation of grain circulation industry development strategy advice, be responsible for the management and guidance of grain circulation industry, organize the implementation of grain circulation policies and measures to take the national macroeconomic regulation and control of the grain circulation specific work, administrative management of the central grain reserves, grain circulation statistics, monitoring and early warning and emergency disposal.
The agriculture administrative department under the state council is responsible for the guidance of grain production, organize to carry out the policies and measures to promote the development of grain production, enhance the overall grain production capacity, improve the level of food production.
The other departments of the state council within their respective responsibilities, responsible for the work related to food safety.
Article 7 local peoples governments at or above the county level administrative department is responsible for this area of the grain circulation of grain industry management and guidance, to manage local food reserves, the implementation of food monitoring and early warning and emergency disposal, ensure food supply, maintenance of market order.
Article 8. The food industry organization should strengthen self-discipline and service, safeguard the order of the grain market.
The second chapter of grain production
Article 9 the state shall strengthen the overall planning of grain production capacity, stable commodity grain production base construction, under the precondition of ecological protection in development have alternative source of resource advantage and production potential.
The peoples governments at or above the county level shall, according to ecology, water resources, agricultural climate resources condition, the relevant national planning the layout of grain production.
Article 10 the state shall implement the strictest arable land protection system and water resources management system, establish and improve the arable land and water resources protection target responsibility system.
Peoples governments at various levels shall take to set up the basic farmland protection fund system, protecting arable land compensation system and other measures, to ensure that countries determine the cultivated land ownership and the amount of basic farmland, stabilize the acreage sown to grain; To strengthen the protection of water resources and the management, development of water-saving agriculture, increase the water security of grain production capacity and efficiency.
Article 11 the peoples governments at various levels shall strengthen the agricultural infrastructure construction such as irrigation and water conservancy, transforming the middle-and-low-yielding fields, the construction of drought or waterlogging high standard farmland, improve food production conditions.
Article 12 the state protection of crop germplasm resources, supporting the breeding, production, update and promote the use.
Genetically modified (gm) food seed research, test, production, sale, import and export shall be in conformity with the relevant provisions of the state. No unit or individual shall not, without application of transgenic technology in main grain varieties.
Article 13 the relevant department of the peoples governments at or above the county level shall strengthen the food atmosphere, soil and irrigation water quality monitoring.
On food production environment pollution caused by the units and individuals, shall take timely measures to repair.
Article 14 the state to strengthen flood and drought, pest and plant diseases and insect pests prevention and control, agricultural meteorological disaster prevention and disaster prevention and reduction of grain production system.
Article 15 the state shall encourage and support the food production technology research, innovation, protection and utilization, improve the level of grain yield and quality.
Article 16 the state shall encourage and support the development, production and use of safe, efficient, environmental protection, economy of pesticide, fertilizer, agricultural film and the advanced, energy-saving and applicable agricultural machinery.
Article 17 the state shall establish a food production system, support in capital investment, industrial policy, development planning, etc, increase the intensity of support, support the development of major grain producing areas and grain which focus on food production, improve the level of economic and social development.
Major grain-producing areas and grain which should be a positive development of grain production, maintain food out rate. Production and marketing balance and ZhuXiaoOu should be stable and improve the level of the regional food self-sufficiency.
Article 18 the state shall establish and improve the food production subsidies, incentives and the key areas, key grain varieties of price support system, support the development of grain profession of grain production, protecting plant more food producer.
National guide and encourage the moderate scale of grain? .
The third chapter grain circulation and processing
Article 19 the state unified open, competitive and orderlys cultivation and development of grain circulation system, it is strictly prohibited to regional blockade grain circulation. Countries to establish a unified national standard food competitive bidding system, strengthening the construction of grain purchase, wholesale and retail market, standardize and develop the grain futures trading.
Article 20 operators engaged in potato grain purchase outside, shall meet the following conditions, the licensing the administrative department of food, to the administrative department for industry and commerce for registration:
(a) the required operating funds;
(2) have the necessary food storage facilities;
(3) have corresponding food quality inspection and storage capacity;
(4) management and good reputation, no illegal operation record.
The state shall practise a system of grain purchase qualification year careful.
Article 21 business operators engaged in grain purchase, shall conform to the state standard and the quality and safety of grain purchase policy, system, grain purchase document shall not prejudice the legitimate rights and interests of the state food producers.
Grain purchase voucher system by the national food administration department under the state council in conjunction with relevant departments.
Article 22 business operators engaged in grain storage, shall meet the following conditions, and the administrative departments for the record to the local food:
(a) have a fixed business site;
(2) with appropriate facilities and storage equipment;
(3) with qualification of food inspection, storage and other technical personnel.
The provisions of the preceding paragraph shall not apply to potato, and for personal use or for sale, and engaged in stored grain producers.
Article 23 the food business operators engaged in food storage, shall conform to the state grain storage standards and technical norms, ensure storage of food quality and safety.
Article 24 the state shall guide the reasonable food by-product processing and comprehensive utilization, improve food processing production rate and utilization rate of resources. To ensure the safety of food and feed grains, seed grain use supply basis, moderate development in grain as the raw material of food processing.
Countries on new and expanded to corn, wheat, rice as raw material of food deep processing project implements the authorization; As required by macroeconomic regulation and control, restrict food deep processing USES the size of the enterprise.
Article 25 business operators engaged in food processing, shall obtain the production license to the quality supervision departments in accordance with the law. Quality supervision departments before make the production permission, consent of food at the same level administrative department shall be obtained.
Grain administrative department shall start from the industry layout, raw grain supply, processing such as scale and rational utilization of food resources for food safety assessment.
Article 26 the operators engaged in food processing, shall not in any of the following actions:
(a) with gone mouldy raw grain processing;
(2) the use of pesticides, fungal toxins and pollutants such as heavy metal exceeds bid of raw grain processing;
(3) the use of additives in violation of stipulations;
(4) other activities affecting the quality of food.
Article 27 the operator engaged in grain purchase, wholesale and retail, shall not in any of the following actions:
(a) fabrication, spreading false information, disturb the market order.
(2) collude with, manipulate the market price;
(3) the hoarding bid up the price;
(4) to raise the level or lower level to raise or lower prices in disguised forms;
And to (5) but a sin to doping ShiJia, shoddy;
(6) of monopoly or unfair competition;
(7) other ACTS in violation of the provisions of the state.
Article 28 the transport of grain, packaging materials shall meet the national standards and technical specifications, shall not use the contaminated the means of transport or packaging materials, packaging, food transport.
Article 29 the state shall implement a food import and export quota management, the specific measures shall be formulated by the national development and reform department under the state council jointly with relevant departments.
Article 30 the peoples governments at various levels shall strengthen the grain circulation infrastructure planning, reasonable layout and scientific management of grain storage, logistics, marketing and other facilities. Grain circulation infrastructure projects shall conform to the engineering construction standards and technical specifications.
Governmental funds construction of grain storage, logistics, marketing and other facilities, without the approval of the national or provincial administrative department of food shall not, without disposal and change.
Article 31 in grain purchase, storage, processing and marketing activities of food and feed, industrial USES enterprise, an operator shall establish a food operation parameter, to the local administrative department of food by the regulation submit real and complete data and information.
The fourth chapter food consumption and savings
Article 32 the state advocate saving food, encourages saving food, science USES, healthy consumption of propaganda and supervision of public opinion, increase awareness of the whole society to cherish and save food.
Article 33 the state shall encourage and support for basic research and applied research related to the saving food, promote the use of new technology, new technology and new equipment, eliminate backward production capacity, reducing the loss of food loss.
Article 34 the food producers and business operators shall strengthen the management, the grain harvest, acquisition, storage, processing, transportation, sales and other links to save food.
The fifth chapter food quality and safety
Article 35 the state shall establish and improve the food quality and safety standards and technical standard system.
Food producers and business operators shall, in accordance with the laws, regulations and food quality and safety standards, technical specifications, engaged in food production and business activities.
Article 36 the state shall practise a system of food quality inspection, the standard of grain production, acquisition, storage, processing, transportation, marketing, import and export inspection, record, his, show me activities, establish and improve the quality of food traceability system.
Article 37 food producers shall be scientific and rational use of chemical fertilizers, pesticides, agricultural film and other products, to prevent the pollution caused by food.
Encourage and support the food producers to improve grain harvest, drying and storage conditions, ensure food postpartum in good quality.
It is forbidden to discharge or dump waste water poisonous and harmful food production areas, waste gas, solid waste, etc.
Article 38 a food business operator shall food quality inspection and record purpose.
Article 39 of the relevant departments of the state council in accordance with their respective responsibilities to establish system of food quality and safety monitoring, spot check and organize their implementation.
Any unit and individual find food pollution, it shall timely to? Report to the department concerned.
Article 40 local peoples governments at various levels found regional food pollution, should strengthen the monitoring of the contaminated food, can take mandatory inspection, warning announcement, intrusive acquisition, classification, storage and directional disposal measures.
Contaminated food intrusive acquisition and disposal measures shall be formulated by the relevant departments of the state council.
The sixth chapter food regulation and reserves
Article 41 the state shall adopt the uniform food production, circulation and consumption, and investigating the situation of supply and demand balance of statistics, monitoring and early warning and information release system.
Article 42 the state shall, according to the need of domestic grain supply and demand and the macro-control through import and export we regulate domestic grain varieties.
Article 43 the state shall establish a compensation mechanism of the interest of the major grain producing areas to support and encourage the major grain producing areas and ZhuXiaoOu establish stable production and marketing cooperation.
Article 44 when food prices significantly changes or is likely to significantly change, countries can take price intervention, protective possession, restrictive measures such as acquisition, reserve water, maintain the grain market prices basically stable.
Article 45 the state shall practise a system of the central and local grain reserves.
Grain reserves are mainly used for dealing with serious natural disasters or other emergencies, as well as the adjustment of grain supply and demand balance, and so on and so forth, guarantee market supply, keep food prices basically stable. The central and local grain reserves shall maintain a reasonable scale, on the function orientation, variety structure and regional layout cohesion and complement each other.
Grain reserves management measures shall be formulated by the state council.
Article 46 the store scale, variety and the overall layout of the central grain reserves, by the national development and reform department under the state council, the national food administration department under the state council in conjunction with the relevant departments, the state council for approval. Central grain reserves acquisitions, sales plan, proposed by the state administrative department of food, obtain the consent from the national development and reform department, finance department of the state council.
Without the approval of the state council, no unit or individual shall not, without the use of the central grain reserves.
Article 47 the state grain administration department of the central grain reserves of quantity, quality and storage safety supervision and inspection of implementation. According to the requirements of the regulation of central grain reserves, to set up the vertical regulators, or entrust the local administrative department of food supervision and inspection of the central grain reserves within their respective jurisdictions. The local peoples governments at various levels and departments concerned shall, in accordance with the relevant regulations of the state to give support and assistance.
Article 48 local grain reserves scale standards shall be formulated by the state council, the specific number, variety, and layout is determined by the peoples governments at the provincial level.
Local food reserves shall keep a percentage of the past.
Article 49 the state shall implement a grain reserves 12 enterprise qualification. 12 the grain reserves shall obtain the status of grain storage enterprises.
Grain reserves 12 enterprises shall, in accordance with the relevant regulations of the state grain reserves management, shall not use grain reserves for commercial business, shall not engage in other activities in violation of the provisions of national grain policy and.
Article 50 the policy of grain purchase and sales, grain reserves rotation shall be carried out in a public by means stipulated by the state.
Article 51 the food business operators engaged in policy grain purchase, storage, processing, marketing and other activities, shall show the difference by means of illegal and fiscal subsidies, may obstruct or delay the delivery.
Article 52 the state shall establish a food business operator minimum, highest inventory system.
Engaged in grain purchasing, processing and marketing of food business operators, in the grain market oversupply, prices are too shall perform the obligation of not less than the minimum inventory; In the grain market in short supply, prices are too shall fulfill their obligation to is not higher than the highest inventory.
Article 53 new or mergers and acquisitions domestic enterprises engaged in food production, management, involving the national food security, shall be examined in accordance with the relevant provisions of the state.
Article 54 a relevant department of the peoples governments at or above the county level shall investigate ACTS of unfair competition and monopoly, food industry, protecting fair competition in the market, maintaining food producers and business operators and consumers legitimate rights and interests and public interests.
Article 55 countries to establish a unified leadership, graded responsibility, apanage management to give priority to emergency management system of food.
The peoples governments at or above the county level shall formulate food emergency plan, and organize their implementation.
Article 56 the grain emergency plan starts, the relevant units and individuals shall obey the grain emergency arrangements and scheduling.
Units and individuals concerned losses due to emergency arrangements and scheduling of grain, the peoples governments at or above the county level shall give reasonable compensation.
Article 57 the peoples governments at various levels shall strengthen the grain storage facilities, logistics transportation network construction, emergency processing and supply.
Article 58 the transport enterprises shall give priority to guarantee for emergency food transportation, reserves, production and marketing cooperation.
Article 59 the state guarantees the life difficult groups need rations, guarantee the minority areas of the special food supplies.
Chapter 7 support and food industry
Article 60 the peoples governments at various levels shall gradually improve the level of investment in food production and circulation industry, support the steady development of food industry.
Article sixty-one the state shall practise a system of grain risk fund, according to the national finances and macro-control needs, reasonable grain risk fund size and use, support for grain production and circulation, stable grain market.
Grain risk fund shall be special fund is special.
Article sixty-two the state shall carry out tax support policy to promote the development of food industry, food operators in accordance with prescribed conditions and in accordance with law, enjoy the preferential tax.
Article sixty-three the state guides and support all kinds of financial institutions to meet the conditions of food producers and business operators to provide credit funds and other financial services.
Shall be in accordance with the relevant provisions of the state policy Banks, guarantee the supply of credit funds required grain purchase business activities.
Article sixty-four the state set up and improve the system of food production insurance, to give support to the insurance of grain production.
Article sixty-five the peoples governments at various levels shall cultivate and develop grain production and circulation professional cooperation organization, encourage and support the grain industrialization, supports food technology promotion, quality inspection and other social services.
Article sixty-six the state increased investment in food industry of science and technology, strengthen basic food areas, public welfare research, encourages and supports the grain applied technology development and promotion.
Article sixty-seven the state shall encourage and support the development of bulk and bulk transport, bulk storage and bulk unloading modern food logistics, and support the use of advanced technology and equipment, improve the efficiency of grain circulation.
Chapter 8 of the supervision and inspection
Article sixty-eight food production and business activities and the parties thereto shall be subject to supervision imposed according to law.
The peoples governments at various levels relevant departments according to the division of responsibilities, supervision over and inspection on food production and management activities in accordance with the law.
Countries to establish supervision and inspection of the comprehensive coordination mechanism.
Article sixty-nine the administrative department of food in accordance with this law and relevant laws, regulations, supervision and inspection for the following items:
(a) food acquisition, storage, transportation activities;
(2) the policy of grain purchase, storage, transportation and sales activities;
(3) the national grain circulation statistics system implementation;
(4) food acquisition, storage, transportation and raw grain outbound sales in the quality and safety.
Article seventy the state establishes a system of food inventory check, by the grain administration department under the state council in conjunction with the relevant departments of the inspection on food stocks.
Article seventy-one the administrative department for industry and commerce in accordance with the provisions of relevant laws and regulations, food sales activities to disrupt the market order, and the past quality safety supervision and inspection of the wholesale and retail.
Article seventy-two of the general administration of quality supervision departments in accordance with the provisions of relevant laws and regulations, to the quality and safety in food processing, import and export activities supervision and inspection.
Article seventy-three the competent department of price in accordance with the provisions of relevant laws and regulations, to illegal pricing ACTS of the grain circulation activities conducting supervision and inspection.
Article seventy-four the other departments of the state council shall, according to the division of responsibilities, on food production, circulation, consumption and other activities for the supervision and inspection.
Article seventy-five the peoples governments at or above the county level in food, industry and commerce, quality supervision, price and other relevant departments in the supervision and inspection activities, can adopt the following measures:
(a) enter the on-site inspection;
(2) consult and copy the relevant information and documents;
(3) to the relevant units and personnel understand relevant situation investigation;
(4) seal up, distrain do not accord with standard of food quality and safety of food, the illegal use of additives, and materials used in the production and business operation or contaminated tools and equipment;
(5) the seizure of illegal engaged in food business operations.
Article seventy-six the peoples government by the peoples government at lower levels in protecting cultivated land and water resources, development of grain production, implement the state grain reserve system and treatment of emergency, to ensure the safety of food supply and quality, regulatory supervision situation of grain market, etc, and incorporated into the government performance evaluation system.
Article seventy-seven any unit or individual shall have the right to report ACTS in violation of the provisions of this law. The relevant departments shall timely investigate and keeping secret for whistleblowers.
Chapter 9 legal responsibility
Without authorization in violation of the provisions of article seventy-eight of the changes of agricultural land use or basic farmland use, pollution, food production, from agriculture, land resources, environmental protection, water conservancy department shall impose penalties in accordance with the provisions of relevant laws and regulations.
Article seventy-nine without permission, engaged in grain purchase confiscated by the administrative department of food illegal acquisition of food; If the circumstances are serious, and buy food 1 times more than 5 times the value of the fine; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Without the permission of engaged in food processing, the quality supervision departments in accordance with the provisions of relevant laws and regulations will be punished.
Article eighty for fraud, bribery and other improper means to obtain grain purchase license, illegal proceeds confiscated by the administrative department of food, to cancel grain purchase license, the administrative authority for industry and commerce shall be revoked the business license; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
In violation of the provisions of article eighty-one, paragraph 1 of article 21, paragraph 1 of article 22, article 23 of the regulations, the administrative department shall be ordered to correct food, a warning shall be issued, can be fined 1 million yuan; If the circumstances are serious, the suspension or revocation of grain purchase license, the administrative authority for industry and commerce revoked the business license.
Article eighty-two without approval, to engage in corn, wheat, rice as raw materials of food processing activities, shall be ordered to correct by the approval authority.
Food processing enterprise in violation of the national macroeconomic regulation and control policy, does not perform USES size restrictions, the administrative department shall be ordered to correct food, confiscate the illegal income; If the circumstances are serious, and illegal USES value 1 times more than 5 times the fine.
Article eighty-three for ACTS violating the provisions of article 28 of this law, the administrative department of food to seal the contaminated food, directional processing supervision; If the circumstances are serious, be fined 200000 yuan.
Article eighty-four the ACTS violating the provisions of the second paragraph of article 30 of this law, by the national or provincial administrative department of food instructs deadline to restore to its original condition or use, cant recover, long distance within a time limit to rebuild or pay and reconstruction of the equivalent price, confiscate the illegal income; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article eighty-five the ACTS violating the provisions of article 31 of this law, the administrative department shall be ordered to correct, grain warning shall be issued; If the circumstances are serious, can be fined 200000 yuan, suspend or cancel the license of the grain purchase for industry and commerce administration shall revoke the business license.
In violation of the provisions of article eighty-six of the second paragraph of article 12, article 26, article 27, paragraph 1 of article 37, the third paragraph, by the agriculture, quality supervision, food, industry and commerce, price, water conservancy, environmental protection departments shall be punished in accordance with the relevant regulations.
The provisions of article eighty-seven of the violation of the provisions of article 38 of this law, the administrative department of food shall be ordered to correct, a warning shall be issued; If the circumstances are serious, be fined 200000 yuan.
In paragraph 2, article eighty-eight in violation of the provisions of article 46 without authorization the use of central grain reserves, by the state administrative department of food, confiscate the illegal income and concurrently to use food 1 times more than 5 times the value of the fine; Disqualified from the central grain reserves stored; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
In paragraph 2 of article eighty-nine in violation of the provisions of article 49, the administrative department shall be ordered to correct food, a warning shall be issued; If the circumstances are serious, confiscate the illegal income, food 1 times more than 5 times the value of the fines, and cancel the qualification of stored grain reserves; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article ninety the ACTS violating the provisions of article 50 of this law, the administrative department shall be ordered to correct, food to? A warning. If the circumstances are serious, be fined 200000 yuan. If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
In violation of the provisions of article ninety-one, paragraph 2 of article 52 by the grain administration department shall be ordered to correct, a warning shall be issued; If the circumstances are serious, less than the minimum inventory or exceed the highest inventory part 1 times and five times the value of grain fine, revocation of grain purchase license, the administrative authority for industry and commerce revoked the business license.
Article ninety-two grain purchase license has been revoked and disqualified from grain storage operators, since the punishment decision within three years from the date of may not subcontract it again to apply for the permission.
Article ninety-three those engaged in policy grain purchase, storage, processing, transportation, sales and other business operators of food, in violation of the relevant national policies and regulations, the administrative department shall be ordered to correct food, confiscate the illegal income; If the circumstances are serious, the food between double and five times the value of fines, and three years shall not be engaged in policy food business operations; Illegal arbitrage price difference, and fiscal subsidies by the financial department shall be confiscated; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article ninety-four the government departments and their staff in the implementation of administrative licensing, supervision and inspection and other activities, accepted bribes, done malpractices for personal or misconduct, illegal intervention food operators normal business activities, given sanctions in accordance with the law; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Chapter 10 is attached
Article ninety-five of this law, the definitions of the following terms:
Raw grain, without grinding processing after harvest of grain, as well as beans, potato.
Corn, wheat, rice, corn, grains, etc.
Potato, sweet potato and potato.
The past, that grain through grinding processing of rice, flour, etc.
Grain purchase, to sales, processing or as feed, industrial raw materials directly to the activities of the food producers to buy food.
Food processing, refers to raw grain as raw material, through grinding processing into the activities of the past.
Food processing, refers to the methods of chemical, physical, biological, to more than two times the raw grain or grain in raw products processing, chemical properties, changes in the molecular structure and form a new product.
Food business operators, refers to is engaged in grain purchase, sale, storage, transportation, processing, import and export business activities such as legal persons, individual businesses and other economic organizations.
Policy of grain, designated or entrust a food business operator refers to government purchase, storage, processing, sales, and to give food in fiscal and financial policy support.
Food emergency state, because of serious natural disasters or other reason, within the scope of the larger region appear to snap up, out of stock short, prices soar up the status of the grain market volatility.
Article ninety-six the edible vegetable oil, oil production, circulation and consumption activities of this law shall apply.
Article ninety-seven this law shall go into effect as of year month day.