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深圳经济特区盐业管理处罚规定 Rules of Shenzhen Special Economic Zone on the Administration of Salt Industry and Punishment

2006-05-13 17:17   我要纠错 | 打印 | 收藏 | | |

深圳市人民政府令第93号
(Promulgated by Decree No.93 of the Shenzhen Municipal People’s Government on October 6 , 2000)
颁布日期:20001006  实施日期:20001101  颁布单位:深圳市人民政府

  Chapter Ⅰ General Provisions

  Article 1 In order to strengthen the administration of salt industry in Shenzhen Special Economic Zone (hereinafter referred to as Special Zone), crack down on the malfeasance of salt industry, safeguard the citizen’s physical and mental health, these rules are hereby formulated in accordance with relevant laws and regulations of the State, as well as taking into account with the actual circumstances of Special Zone.

  Article 2 These rules shall apply to the investigation and prosecution to the malfeasance in the manufacturing, processing, transporting, selling and using of the salt products within the Special Zone.

  Article 3 The Shenzhen Salt Bureau is the administrative competent department of salt industry (hereinafter referred to as the municipal competent department of salt industry), which investigates and deals with the malfeasance of salt industry according to these rules.

  The municipal and district departments of public security, industry and commerce, quality and technical supervision, heath and communication shall assist the municipal competent department of salt industry to implement these rules according to their respective administrative functions.

  Article 4 Any unit or individual has the right to report the malfeasance of salt industry.

  In case the reported malfeasance is true and is dealt with by the competent department according to law, the department dealing with shall award the reporter in cash according to 100 yuan every ton of the total amount of the salt products that are manufactured, processed, transported, sold and used illegally. If the bonus is less than 500 yuan, the reporter shall be awarded 500 yuan; If the bonus is more than 30,000 yuan, the reporter shall be awarded 30,000yuan.

  Chapter Ⅱ Administration to Manufacture, Processing and Transportation

  Article 5 The state carries out the system of manufacturing and processing salt products at fixed places. Any one shall not manufacture or process salt products in this city until get examined by the municipal competent department of salt industry and be approved by the competent department of salt industry of Guangdong Province.

  Anyone violating provisions of the preceding paragraph shall be dealt with by the municipal competent department of salt industry in the following ways:

  (1) to be ordered to stop manufacturing and processing;

  (2) to be confiscated the salt products illegally manufactured or processed;

  (3) to be confiscated the manufacturing and processing facilities and tools as well as the illegal gains;

  (4) to pay a fine of more than 10,000 yuan but less than 50,000 yuan;

  (5) to pay a fine of more than 50,000 yuan but less than 5 times of the value of the salt products investigated and dealt with, if the value of the illegally manufactured and processed salt products exceeds 10,000 yuan.

  In case one knows perfectly well that others illegally undertake the manufacture and processing of salt products, but still provides place for them, he shall be ordered to rectify the behavior, be confiscated the illegal gains and shall be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan by the municipal competent department of salt industry.

  Article 6 If the processing units of table salt process the medical table salt without iodine, they shall get approval of the municipal competent department of salt industry and make a mark of “this product doesn’t contain the iodine, please use it under the direction of a doctor” in Chinese at the notable place of the package.

  Anyone violate the provisions of the preceding paragraph, he shall be ordered to rectify the behaviors, be confiscated the processed products by the municipal competent department of salt industry and may be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan.

  Article 7 The package of the table salt shall accord with the requirements for food packaging stipulated by the State and be marked all the compositions and contents of the table salt in Chinese.

  If the package of the table salt sold in this city doesn’t accord with the provisions of the proceeding paragraph or the salt product doesn’t conform to the illustration in the package, the table salt shall not be sold on the market in this city. Anyone violating this provision, the table salt shall be confiscated, the seller shall be ordered to pay a fine of more than 1,000 yuan but less than 5,000 yuan, and the packaging units or individuals shall be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan by the municipal department for quality and technical supervision.

  If the municipal competent department of salt industry finds the malfeasance of violating the preceding paragraph, it may temporarily detain the unqualified salt products and the packages, and refer them to the municipal department for quality and technical supervision to deal with according to the preceding paragraph.

  Article 8 If the salt products are transported into Shenzhen from other places, the carrier shall hold the Permit for Transport issued by the competent department of salt industry of the State and accept the supervision of the municipal competent department of salt industry. The carrier of each vehicle (ship) shall hold one License. The License and the goods shall go together.

  Anyone violating the provisions of the preceding paragraph, illegally transporting the salt products, the municipal competent department of salt industry shall confiscate the illegally transported salt products, impose a fine of more than one time but less than 5 times of the value of the salt products to the owner of the goods, confiscate the carrier’s illegal gains and impose a fine of more than one time but less than 5 times of the value of the illegally transported salt products to him.

  When the municipal competent department of salt industry investigates and deals with the cases concerned in the preceding paragraph, it may temporarily detain the transport tools for investigation, but the period of temporary detainment shall not exceed 45 days. If the period expires and the party doesn’t accept the treatment according to law, the municipal competent department of salt industry shall put a lawful end to the case and refer the transport tools temporarily detained to the municipal department of finance to deal with according to law.

  Chapter Ⅲ Administration to Wholesale, Retail and Use

  Article 9 Anyone who undertakes the wholesale business of table salt shall apply to the municipal competent department of salt industry for Wholesale License for Table Salt.

  Anyone violating the provisions of the preceding paragraph, failing to acquire the Wholesale License according to law and undertaking the wholesale business of table salt, the municipal competent department of salt industry shall order him to stop the wholesale activities, confiscate the table salt for illegal wholesale and the illegal gains, and impose a fine of more than 1,000 yuan but less than 5,000 yuan to him; In case of serious circumstance, he shall be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan.

  Article 10 Anyone who undertakes the retail business of table salt shall conduct the registration of retail at the municipal competent department of salt industry.

  Anyone violating the provisions of the preceding paragraph, failing to conduct the registration of retail according to law and undertaking the retail business of table salt, the municipal competent department of salt industry shall order him to conduct the regulation within a prescribed time limit. Failing to conduct the registration of retail within the prescribed time limit, he shall be ordered to pay a fine of 500 yuan.

  Article 11 The table salt shall not be sold until the iodine being added into according to the standards prescribed by the State, may be sold.

  If the monopolistic unit or wholesale businessman of table salt violates the provisions of the preceding paragraph, selling the salt without iodine as the table salt or passing off the salt without iodine as the iodine salt to sell, the municipal competent department of salt industry shall order it to stop committing the malfeasances, confiscate the products for illegal sale and impose a fine of more than 5,000 yuan but less than 30,000 yuan. If the amount of the table salt for illegal sale is huge, a fine at the most of 5 times of the value of the salt products for illegal sale may be imposed.

  If the retailer of table salt violates the provisions of the first paragraph, selling the salt without iodine as the table salt or passing off the salt without iodine as the iodine salt to sell, the municipal competent department of salt industry shall order the him to stop committing the malfeasances, confiscate the products for illegal sale and impose a fine of more than 1,000 yuan but less than 5,000 yuan to him; If the sales amount is relative big or the retailer violates the provisions of the first paragraph repeatedly, the municipal competent department of salt industry shall confiscate the salt products for illegal sale and impose a fine of more than 5,000 yuan but less than 30,000 yuan to him, and may publicize the list of such operators through the news media.

  Article 12 Anyone undertaking the wholesale business of table salt shall purchase according to the provisions of the State the table salt from the district monopolistic institution of the salt products in the area where his domicile is. The retailers of the table salt shall purchase the table salt from the monopolistic institution of salt products in the area where his domicile is, or from the wholesale businessmen having the License for Wholesale. in Special Zone.

  If the wholesale businessmen or retailers of the table salt violate the provisions of the preceding paragraph, purchasing table salt from the units or individuals without the selling qualifications of the table salt, the municipal competent department of salt industry shall confiscate the salt products for illegal sale and impose a fine of more than 1,000 yuan but less than 5,000 yuan to them; In case of serious circumstances, he shall be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan.

  Article 13 The monopolistic institutions and wholesale businessmen of salt products shall register their conditions of purchasing and selling salt products and declare them according to the provisions of the municipal competent department of salt industry.

  If the monopolistic institutions and wholesale businessmen of salt products fail to register or declare the purchasing and selling conditions of table salt according to the provisions of preceding paragraph, the municipal competent department of salt industry shall order them to rectify; If they fail to rectify within the prescribed time limit, they may be ordered to pay a fine of more than 500 yuan but less than 2,000 yuan.

  Article 14 If the operators of catering trade and the collective dining rooms of the government units, schools, kindergartens, factories, mines and others provide the foods containing salt, they shall use the iodine salt according with the national standards.

  If the operators of catering trade or the collective dining room of government units, schools, kindergartens, factories, mines and others use the table salt without iodine, or use the table salt that is unqualified, deteriorated or exceeds the quality guarantee period to process the foods, the municipal competent department of salt industry shall impose a fine of more than 5,000 yuan but less than 30,000 yuan to the operators or the units holding the collective dining rooms, and may publicize them rhrough the news media.

  Article 15 The medical table salt without iodine shall be sold at fixed places. The selling places shall be appointed and announced by the municipal competent department of salt industry.

  If other units or individuals sell the table salt without iodine without permission, they shall be punished according to the provisions of the second and third subparagraph of Article 11 of these rules.

  Article 16 If relevant units need to use the industrial salt for the production and research, they shall purchase it from the local monopolistic institution of salt products and use it under the supervision of local competent department of salt industry.

  If the units violate the provisions of the preceding paragraph to purchase the industrial salt privately, they shall be fined more than 1000 yuan but less than 5000 yuan by the municipal competent department of salt industry.

  Article 17 The municipal competent department of salt industry shall make a random inspection to the foods containing salt in the wholesale and retail market regularly. If it finds that the salt in these foods doesn’t accord with the provisions of the national stipulation, it shall confiscate and destroy the foods, and publicize the name, trademark, manufacturing factory, production date and other data of the foods to draw the citizens’ attentions.

  Article 18 Anyone who needs to import the salt products from abroad (overseas) for production and research or sell the salt for export inside the country shall get approval from the competent department of salt industry of Guangdong Province and accept the supervision of the municipal competent department of salt industry.

  Anyone who violates the provisions of the preceding paragraph to import the salt products or sell the salt products for export inside the country without permission, and the value doesn’t exceed 10,000 yuan, shall be confiscated the salt products imported or sold without permission and be ordered to pay a fine of 5,000 yuan by the municipal competent department of salt industry; If the value of the salt products imported or sold inside the country without permission exceeds 10,000 yuan, he shall be fined more than 2 times but less than 5 times of the value of the salt products imported or sold inside the country privately.

  Article 19 It is prohibited to sell the liquid salt (including the natural bittern) or use the liquid salt to process the foods.

  Anyone who violates the provisions of preceding paragraph shall be ordered to stop committing the malfeasances, be confiscated the products illegally sold and processed, and be ordered to pay a fine of more than 1,000 yuan but less than 5,000 yuan by the municipal competent department of salt industry; In case of serious circumstances, he shall be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan.

  Article 20 Anyone violates the provisions of relevant laws, printing the packing marks of table salt without permission, the municipal competent department of salt industry may order him to stop committing the malfeasances, temporarily detain the packing marks illegally printed and refer them to the municipal department for quality and technical supervision to deal with according to law.

  Article 21 Anyone who in violation of these rules illegally produces, processes, transports and sells the salt products, damages the citizens’ physical and mental health as well as seriously disturbs the order of the monopoly market of this city, and his behaviors constitute crimes, the municipal competent department of salt industry shall refer them to the judicial department to prosecute him for criminal responsibilities according to Article 143 and Article 225 of the Criminal Law of the People’s Republic of China.

  Article 22 If relevant units or individuals obstruct the law enforcement personnel to perform the official powers and duties according to law, they shall be punished according to the provisions of Article 19 of the Regulations of the People’s Republic of China on Punishments in Public Order and Security Administration by the public security; If they hinder the law enforcement personnel to perform the official powers and duties according to law by violence and threat, they shall be prosecuted for criminal responsibilities.

  Chapter Ⅳ Provisions on the Procedure of Punishment

  Article 23 When the municipal competent department of salt industry or other relevant administrative competent department give punishment according to these rules, it shall send two or more than two persons with the qualification for administrative law enforcement from its own department to investigate and deal with together.

  Article 24 The law enforcement personnel shall observe the following provisions while giving punishment according to these rules:

  (1) to make known their identity and show effective law enforcement certification to the parties concerned;

  (2) to orally declare the parties concerned the main content, enforcing means of the punishment decision and the remedy measures for the parties not satisfying with the punishment decisions;

  (3) to produce the written punishment decision according with the prescribed form;

  (4) to produce the list of the detained or confiscated properties, which shall be signed or sealed by the parties, when detaining or confiscating the properties;

  (5) to produce the effective financial receipt when collecting the fine.

  Article 25 The municipal or district departments for quality and technical supervision, food hygiene supervision as well as industry and commerce may punish the malfeasances of salt industry according to relevant provisions of these rules within the scope of their respective powers and duties.

  If two or more than two organizations have jurisdiction over the same malfeasance, the malfeasance shall be under the jurisdiction of the organization that investigates and deals with it earliest.

  Any administrative competent department shall not punish the same malfeasance repeatedly.

  Article 26 If the fine exceeds 5,000 yuan or the value of the confiscated properties exceeds 5,000 yuan, and the parties concerned require holding a hearing, the organizations deciding to punish shall hold a hearing according to the prescribed procedures before making formal decision.

  Article 27 If the parties are not satisfied with the administrative punishment decisions or relevant coercive measures of the municipal competent department of salt industry, they may apply to the Administrative Appeal Office of the Municipal People’s Government of Shenzhen or the Monopoly Bureau of Table Salt of Guangdong Province for appeal, or file lawsuits to the People’s Court directly.

  Chapter Ⅴ Supplementary Provisions

  Article 28 These rules shall go into effect as of November 1,2000.

  Article 29 These rules shall be implemented in the district of Baoan and Longgang in the light of reference.

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