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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 Pu

2009-03-24 法律英语 来源:互联网 作者:

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 recti

fy 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 indus

try 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

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