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Regulations of Shanghai Municipality on Administrative of Muslim Food
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| (Adopted at the 21st Session of the Standing Committee of the 11th People' s Congress of Shanghai Municipality on August 11, 2000) Chapter I General Provisions Article 1 In order to respect the customs of minority nationalities, ensure the provision of Muslim food, strengthen the administrative of Muslim food, promote the development of Muslim food industry and develop the unity of nationalities, these Regulations are formulated in accordance with the Regulations on Urban Nationalities Work and in the light of actual circumstances in Shanghai. Article 2 The Muslim food referred to in these Regulations means the diet, non-staple food and foodstuff which are made through slaughter and processing according to the dietary customs of Hui nationality and other minority nationalities (hereafter called the minority nationalities taking Muslim food) and in compliance with Muslim requirements. Article 3 These Regulations apply to the production, storage, transportation and sale of Muslim food and the activities of supervision and control over them within this city' s administrative area. Article 4 The competent municipal administrative department of nationalities affairs shall be responsible for the organization and supervision of the implementation of these Regulations; the competent municipal administrative department of commerce shall be responsible for the administrative work of planning, production and operation of Muslim food industry. The competent municipal administrative departments in charge of commerce and industry administrative, public finance, taxation, sanitation, housing and land, and industrial economy shall coordinate, according to their respective duties, in the implementation of these Regulations. The district/county people' s government shall be responsible for the implementation of these Regulations in its own administrative area. The district/county competent administrative departments of nationalities affairs and commerce shall be responsible for the administrative work of Muslim food industry in their own administrative area according to these Regulations. Article 5 The people' s governments at all levels shall encourage and support enterprises and self-employed workers to invest in the production and operation of Muslim food. The municipal and district/county people' s governments and their competent administrative departments of nationalities affairs shall commend and reward units and individual persons that have made outstanding achievements in the production, operation and management of Muslim food. Article 6 The municipal and district/county people' s governments shall strengthen the publicity and education to respect minority nationality customs. Any enterprise engaged in the production and operation of Muslim food shall give its workers and staff the training in relevant laws, regulations and nationalities policies. Any unit and individual person shall respect the dietary customs of minority nationalities taking Muslim food. Discrimination and interference are prohibited. Chapter II Management of Muslim Signs Article 7 The competent municipal administrative department of commerce, and the competent municipal administrative department of nationalities affairs, shall be responsible for the planning and adjustment of Muslim food networks and outlets and basic supply centers that ensure Muslim food provision in the whole city, and shall do a good job in support of Muslim food supply centers. The district/county people' s government shall, according to the planning of the whole city' s Muslim food networks and outlets and basic supply centers and in the light of actual circumstances of local area, set up Muslim food supply centers. Basic supply centers of Muslim food shall be set up in the minority nationalities taking Muslim food relatively compact community, communications hub, and commercial center section. Article 8 The municipal and district/county competent administrative departments of nationalities affairs shall, jointly with related departments, announce timely to the society the basic supply centers of Muslim food. Conspicuous guideposts shall be erected near the basic supply centers. Article 9 The producer and operator of Muslim food shall apply in advance to the competent municipal or district/county administrative department of nationalities affairs for Muslim signs. Production and operation of Muslim food without Muslim signs are prohibited. Article 10 Muslim signs shall be uniformly made under the supervision of the competent municipal administrative department of nationalities affairs. Counterfeit, transfer, rent, buying or selling of Muslim signs shall be prohibited. Article 11 Those who apply for Muslim signs shall meet the following requirements: 1.The premises, equipment and facilities of production and operation shall meet Muslim requirements; 2.Minority nationality citizens taking Muslim food form an appropriate proportion of leading managerial personnel and workers and staff; 3.Persons in charge of the enterprise and the self-employed workers shall undergo the training in Muslim food industry, and acquire the qualification certificate; and 4.Persons-in-charge, contractors or lessee of enterprise shall generally be minority nationality citizens taking Muslim food; the self-employed workers shall be minority nationality citizens taking Muslim food. Article 12 Those who apply for Muslim signs shall, according to Article 11 of these Regulations, submit corresponding materials to the competent municipal or district/county administrative department of nationalities affairs. Article 13 The competent municipal or district/county administrative department of nationalities affairs shall complete the examination and give a reply in writing within 10 workdays from the date of receiving the application materials for Muslim signs; such department shall issue Muslim signs to those in compliance with requirements. Enterprises and self-employed workers that produce and operate Muslim food shall have Muslim signs hung on a conspicuous place in production and operation sites. Article 14 If any enterprises and self-employed workers that produce and operate Muslim food no longer produce or operate Muslim food, they shall report to the competent municipal or district/county administrative department of nationalities affairs for the record and return the Muslim signs to the original issuing department; if they are basic supply centers they shall obtain in advance the approval from the competent municipal or district/county administrative departments of nationalities affairs and commerce. Chapter III Requirements for Production and Operation Article 15 Producers and operators of Muslim food shall have slaughter, processing and making conformed to the dietary customs of minority nationalities taking Muslim food. Article 16 Main and auxiliary materials of Muslim food shall meet Muslim requirements and have attached valid certificates. Article 17 The transport vehicles, measuring instruments, store-containers and the places of processing, storage and sales shall be guaranteed for exclusive use and are prohibited from transporting, measuring or storing foodstuff or articles abstained from by Muslim. Article 18 Producers and operators of Muslim food shall have their shop names and signboards, food names and packages marked clearly with the word, Muslim, and may have them marked with symbols of Muslim implications. Those who have not acquired Muslim signs shall not use the word, Muslim, or any symbols of Muslim implications on their shop names and signboards, and food names and packages. Article 19 Producers and operators of Muslim food shall not have words, characters or pictures that minority nationalities taking Muslim food avoid as taboos, contained in their shop names and signboards, and in food names, packages and advertisements. Article 20 It is prohibited to enter any exclusive place of Muslim food carrying food or articles abstained from by Muslim. Producers and operators of Muslim food have the right to refuse those who carry food or articles abstained from by Muslim the entry into exclusive places of Muslim food. In non-exclusive area of Muslim food, there shall be an appropriate distance or distinct valid separation facilities between the stalls and counters of food and articles abstained from by Muslim and the stalls and counters of Muslim food. Article 21 Units that have minority nationality citizens taking Muslim food shall generally set up Muslim canteens or provide Muslim meals. If any such unit lacks the conditions, it shall give the minority nationality workers and staff a Muslim meal allowance according to stipulations. City-level hospitals and district/county center hospitals shall provide minority nationality patients taking Muslim food with Muslim meals. Other medical institutions shall create conditions to provide minority nationality patients taking Muslim food with Muslim meals. Article 22 The units that set up Muslim canteens or provide Muslim meals shall have their purchase, processing, making, storage and transportation, and sale of Muslim food conformed to Muslim requirements. Chapter IV Preferential Treatments Article 23 The municipal and district/county people' s governments shall give basic supply centers of Muslim food the following preferential treatments: 1.To subsidize renovated projects; 2.To subsidize rents of operation places; 3.To subsidize bank loan interest; and 4.To give other subsidies according to relevant stipulations. The funds needed for the preferential treatments in the previous paragraph shall be included in the financial budget of government at the same level. Producers and operators of Muslim food may enjoy the preferential treatment of tax deduction or exemption according to the law. Article 24 If any enterprises and self-employed workers that produce and operate Muslim food no longer produce or operate Muslim food, they shall stop enjoying the preferential treatments under these Regulations as of the date of stopping the production or operation of Muslim food. Article 25 Where any supply center of Muslim food needs to be demolished and relocated due to construction projects or other reasons, the party that is to demolish the house shall solicit in advance the opinions of the competent municipal or district/county administrative departments of commerce and nationalities affairs, and make proper resettlement in pursuance of the principle of "one-for-one" on equal condition, and of being nearby, timely, convenient for operation. During the transit period of demolition, relocation, and resettlement, the party that is to demolish shall provide conditions for temporary set-up of supply center of Muslim food, and give necessary economic compensation. Chapter V Legal Liability Article 26 If any enterprise or self-employed workers engaged in production and operation of Muslim food does any of the following acts, such enterprise or individual person shall, by order of the competent municipal or district/county administrative department of nationalities affairs, correct mistakes within the time limit, and may be cumulatively given the following punishments: 1.Violation of the provisions under Articles 14, 16 of these Regulations shall be fined 50 to 500 yuan inclusive; 2.Violation of the provisions of Articles 15, 17 of these Regulations shall be fined 100 to 1000 yuan inclusive; or 3.Violation of the provisions of Article 9, Clause 2; Article 10, Clause 2; Article 18, Clause 2 and Article 19 of these Regulations shall be fined 200 to 2000 yuan inclusive. The competent municipal or district/county administrative department of nationalities affairs may temporarily attach or revoke Muslim signs for violation of any of the actions in the previous paragraph with serious case. Article 27 The party concerned that disagrees to the specific administrative act of the competent administrative department of nationalities affairs may, according to the provisions of the Law of the People' s Republic of China on Administrative Review or the Law of the People' s Republic of China on Administrative Litigation, apply for an administrative review or bring an administrative lawsuit. If the party concerned does not apply for a review of the specific administrative act within the time limit, nor brings a lawsuit, nor performs, the competent administrative department of nationalities affairs that has made the specific act may apply to the people' s court for enforcement. Article 28 Persons directly responsible for the competent administrative department of nationalities affairs and other directly responsible persons who commit negligence or malpractice, or abuse power shall be given administrative punishment by the unit where they work or the competent higher-level department. If the act constitutes a crime, the party concerned shall be prosecuted for the criminal liability according to the law. Chapter VI Supplementary Provisions Article 29 The municipal people' s government may, according to these Regulations, formulate implementation procedures on relevant matters. Article 30 These Regulations shall become effective on January 1, 2001. |
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URL: http://www.asianlii.org/cn/legis/sh/laws/rosmoaomf661