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Regulations of Shanghai Municipality on the Administration of Production and Marketing of Wine Commodities
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| (Approved at the 39th Session of the Standing Committee of the 10th Shanghai Municipal People' s Congress on October 21, 1997) Article 1 With a view to strengthening the administration of production and marketing of wine commodities in the Municipality and protecting the lawful rights and interests of both consumers and operators, the present Regulations are formulated in accordance with the relevant State laws and regulations and in line with actual conditions of the Municipality. Article 2 The wine commodities specified in the present Regulations include distillate spirits, rice wine, beer, fruit wine and other drinks containing ethyl alcohol. Article 3 The operators who are engaged in the business activities of production, wholesale and retail of wine commodities shall abide by the present Regulations. Article 4 The Shanghai Municipal Commercial Committee is the department responsible for the administration of production and marketing if wine commodities in the Municipality. Under the guidance of the Shanghai Municipal Commercial Committee, the Shanghai Municipal Administrative Bureau of Wine Monopoly (hereinafter referred to as the Municipal Wine Monopoly Bureau) takes concrete responsibility for the implementation of the present Regulations. Under the guidance of the Municipal Wine Monopoly Bureau, district (county) administrative departments of wine commodities are in charge of the administration of production and marketing of wine commodities within the area under their jurisdiction and share out the work in accordance with their responsibilities. Article 5 In accordance with the provisions of the relevant laws and regulations, the municipal departments of industrial and commercial administration, technical supervision, public health, price of commodities, taxation, public security, etc. shall work in coordination with each other to do well in the administration of production and marketing of wine commodities in the Municipality. Article 6 A licence system is carried out in the production, wholesale and retail of wine commodities in the Municipality. Article 7 The enterprise applying for a license of the production of wine commodities in the Municipality shall possess the registered capital, production site, facilities, technology, testing means, hygienic and environmental protection conditions in conformity with the provisions for the production of wine commodities and possess professional personnel familiar with the production of wine commodities. Article 8 The enterprise applying for a license of the wholesale of wine commodities in the Municipality shall possess the registered capital, places for business and storage facilities in conformity with the relevant provisions and possess personnel familiar with the business of wine commodities. Article 9 The enterprise applying for a license of the production or wholesale of wine commodities in the Municipality shall apply to the Municipal Wine Monopoly Bureau. The Municipal Wine Monopoly Bureau shall, within thirty days from the date when the application is received, made a written reply, and issue a license of production or wholesale of wine commodities to the enterprise whose application has been approved through examination. After receiving the license of production of wine commodities, the enterprise may be engaged in the wholesale business of the wine commodities produced by its own enterprise. Article 10 The enterprise or individual industrial and commercial household applying for a license of retailing wine commodities in the Municipality shall apply to the administrative department of wine commodities of the district (county) where the enterprise or the individual household is located. The district (county) administrative department of wine commodities shall, according to the principle of providing ready service to consumers and rational distribution, within fifteen days from the date when the application is received, make a written reply, and issue a license of retailing wine commodities to the enterprise or individual household whose application has been approved through examination. Article 11 The enterprise holding a license of production, wholesale or retail of wine commodities in the municipality is allowed to be engaged in the production, wholesale or retail of wine commodities only after acquiring a food hygiene license and an industrial and commercial business license. The individual industrial and commercial households holding a license of retailing wine commodities in the Municipality is allowed to be engaged in retailing business of wine commodities only after acquiring a food hygiene license and industrial and commercial business license. Article 12 The enterprise holding a license of production, wholesale or retail of wine commodities in the Municipality and the individual industrial and commercial household holding a license of retailing wine commodities in the Municipality shall, in case of the change in its name or address or in case of its being consolidated or revoked, go through the necessary formalities for alteration or cancellation of the license at the unit issuing the license. Article 13 Altering, forging, borrowing or lending, and buying or selling the license of production, wholesale or retail of wine commodities are prohibited. Article 14 Wine commodities newly developed by enterprises producing wine commodities shall be submitted to the Municipal Wine Monopoly Bureau for examination, and be put into production only after being proved to be up to standard through the examination. Article 15 Enterprises producing wine commodities shall guarantee the quality of their products and perform quality tests for each batch of their wine commodities. A certificate of quality is issued for the wine commodities proved to be up to standard. The wine commodities proved to be below the standard are not allowed to be carried out of the factory for sale. Article 16 While purchasing semi-manufactured wines, enterprises producing wine commodities shall ask for and check the standard in the quality of the products of the enterprises and ask for and check a certificate quality issued by a product quality supervisory and checking organ or a food hygiene supervisory organ of a rank higher than county. While purchasing wine commodities, enterprises and individual industrial and commercial households engaged in the wholesale and retail of wine commodities shall ask for and check the certificate of quality and the corresponding certificate in case the products have labels showing high quality on the package. While purchasing imported wine commodities, enterprises and individual industrial and commercial households engaged in the wholesale and retail of wine commodities shall, in accordance with the relevant State provisions, ask for and check the certificate concerning import and quality. Article 17 Enterprises and individual industrial and commercial households producing, wholesaling and retailing wine commodities are not allowed to produce, wholesale and retail counterfeit and shoddy wine commodities or the wine commodities the label of which does not conform with the provisions set by the State. Article 18 The quality of wine commodities shall be identified by a wine commodities testing organ approved by the municipal technical supervisory department. Article 19 The Municipal Wine Monopoly Bureau and district ( county ) administrative departments of wine commodities shall strengthen the supervision over and examination of enterprises and individual industrial and commercial households producing, wholesaling and retailing wine commodities and carry out the market sample check at regular intervals. Enterprises and individual industrial and commercial households producing, wholesaling and retailing wine commodities shall accept the supervision and examination given by the Municipal Wine Monopoly Bureau and district (county) administrative departments of wine commodities, providing relevant information truthfully. They are not allowed to refuse or obstruct the examination. Article 20 Consumers may complain of and report illegal operational activities in the production, wholesale and retail of wine commodities to the Municipal Wine Monopoly Bureau and district (county) administrative departments of wine commodities. The Municipal Wine Monopoly Bureau and district (county) administrative departments of wine commodities shall investigate and handle the complaints and reports made consumers or other people in time. Article 21 Any enterprise or individual industrial and commercial household engaged in the production, wholesale and retail of wine commodities that violates the provisions of the present Regulations and brings damage to consumers shall have the liability to make compensation. Article 22 Any enterprise or individual industrial and commercial household engaged in the production, wholesale and retail of wine commodities that violates the provisions of the present Regulations shall be punished by the Municipal Wine Monopoly Bureau or district (county) administrative departments of wine commodities in accordance with the following stipulations: 1. Where any unit or person produces or wholesales wine commodities without a license for the production of wine commodities, it or he shall be ordered to correct, and its or his wine commodities illegally produced and its or his/her illegal gains shall be confiscated. A fine of no more than 20,000 yuan may also be imposed; 2. Where any unit or person wholesales wine commodities without a license for the wholesale of wine commodities, it or he shall be ordered to correct, and its or his illegal gains shall be confiscated. A fine of no more than 20,000 yuan may also be imposed; 3. Where a unit or person retails wine commodities without a license for retailing wine commodities, it or he shall be ordered to correct, and its or his illegal gains shall be confiscated. A fine of no more than 5,000 yuan may also be imposed. 4. Where any enterprise or individual household fails to go through the necessary formalities for alteration or cancellation of the license for production, wholesale or retail of wine commodities as stipulated, it shall be ordered to correct. A fine of no more than 5,000 yuan may also be imposed; 5. Where any enterprise or individual household alters, forges, borrows or lends, buys or sells the license for the production, wholesale and retail of wine commodities, its illegal gains shall be confiscated. A fine of no more than 20,000 yuan may also be imposed; 6. Where any unit or person purchase imported wine commodities without having acquired a corresponding certificate in accordance with the relevant state provisions, it or he/she shall be ordered to correct. If it or he refuses to correct, a fine of no more than 10,000 yuan may also be imposed; 7. Where any enterprise or individual household produces, wholesales and retails counterfeit and shoddy wine commodities, it shall be ordered to correct, its wine commodities illegally produced, wholesaled and retailed and illegal gains shall be confiscated, and a fine more than one time the illegal gains and less than five times the illegal gains may also be imposed. If the circumstances of the case are serious, its license for production, wholesale or retail of wine commodities shall be revoked. The enterprise or individual household whose act constitutes a crime shall be prosecuted for its criminal liability; or 8. Where any enterprise or individual household produces, wholesales and retails wine commodities the label of which does not comply with the relevant state provisions, it shall be ordered to correct; if the circumstances of the case are serious, a fine of 15 to 20 per cent of its illegal gains may also be imposed. The punishment of revoking the license for production and wholesale of wine commodities shall be decided by the Municipal Wine Monopoly Bureau. Article 23 For the illegal activities violating the provisions of the present Regulations, the right of inflicting administrative punishment is exercised by the administrative authorities stipulated by the laws and regulations. Against the same one illegal act of the party concerned, it is not allowed to inflict an administrative punishment involving two and more than two fines. Article 24 The Municipal Wine Monopoly Bureau and district (county) administrative departments of wine commodities shall issue a document of administrative punishment while inflicting the administrative punishment, and shall issue a receipt made and delivered exclusively by the municipal financial organ while taking over fines and confiscating amount of money and property. All the fines and confiscated amount of money shall be turned over to the State treasury. Article 25 If the party concerned does not accept the administrative decision, it or he/she may apply for administrative reconsideration or bring an administrative action in the local people' s court in accordance with the " Regulations of Administrative Reconsideration" and the " Administrative Litigation Law of the People' s Republic of China" . If the party concerned neither applies for reconsideration nor brings an action within the legal limit, and fails to comply with the penalty decision, the authorities which has made the administrative decision shall apply to the people' s court for enforcement. Article 26 Any staff member of the Municipal Wine Monopoly Bureau and district (county) administrative departments of wine commodities who violates the provisions of the present Regulations, neglect his/her duty, abuse this power, practice favoritism for self interests shall be given administrative punishment by the unit to which he/she belongs or the competent authorities at a higher level. Those whose act constitutes a crime shall be prosecuted for their criminal liability. Article 27 The Shanghai Municipal Commercial Committee is responsible for the interpretation of the application of the present Regulation. Article 28 The present Regulations shall become effective on January 1, 1998. |
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