Ministry of Commerce Order of the Ministry of Commerce No. 25 The Measures for the Administration of Liquor Circulation, which were adopted at the 15th executive meeting of the Ministry of Commerce Minister Bo Xilai November 7, 2005 Measures for the Administration of Liquor Circulation Chapter I General Provisions Article 1 The present Measures are formulated according to the relevant laws and regulations of the state for the purpose of regulating the Article 2 The term “liquor” as mentioned in the present Measures refers to the liquor drink with more than 0.5% (cubic fraction) of alcoholic The term “liquor circulation” as mentioned in the present Measures includes the business operations like the wholesale, retail and Article 3 Any entity or individual that engages in any activity of liquor circulation within the territory of the People’s Republic of China Article 4 A system of archival filing of operators as well as a traceability system shall be established for liquor circulation. Article 5 The Ministry of Commerce shall take charge of the supervision and administration for liquor circulation throughout the country. The competent departments of commerce at or above the county level shall take charge of the supervision and administration of liquor Chapter II Archival Filing and Registration Article 6 An entity or individual that engages in the wholesale or retail of liquor (herein after referred to in general as “liquor operator”) Article 7 The procedures for archival filing and registration formalities of liquor operators are as follows: (1) Collecting the Registration Form for Liquor Circulation Archival Filing (hereinafter referred to as the Registration Form). The Registration (2) Filling in the Registration Form. An liquor operator shall fill in the Registration Form in a complete, accurate and authentic manner (3) Submitting the following materials for archival filing and registration to the competent department of commerce: (a) A Registration Form in duplicate as filled in according to item (2) of Article 7 of the present Measures; (b) A photocopy of the business license that is signed or affixed with a seal by the legal representative or business owner as well as (c) Any other material as recognized by the Ministry of Commerce that is publicly required by the competent department of commerce at Article 8 The competent department of commerce shall, within 5 workdays as of receiving the aforesaid materials submitted by the liquor operator, Article 9 The competent department of commerce shall record and keep the archived and registered information as well as registration materials Article 10 Where any registered item in the Registration Form alters, the relevant liquor operator shall, within 30 days as of alteration (in The competent department of commerce shall, after receiving the written materials submitted by the liquor operator, handle the formalities A Registration Form shall, as of the day when the registration is writing off by the liquor operator in the administrative department Article 11 The competent department of commerce shall, when handling the registration for archival filing and registration or for any alteration Article 12 The liquor operator shall not forge, alter, rent, lend, transfer, purchase or sell or cheat for the Registration Form for Liquor Circulation Chapter III Operating Rules Article 13 The relevant state standards or industrial standards shall be implemented according to law in the business operations of liquor such Article 14 A liquor operator (supplier) shall, when undertaking any wholesale of liquor goods, fill in the Attached Documents of Liquor Circulation The Attached Documents shall include such contents as the sales entity (name, address, serial number of archival filing and registration, The liquor operator that has established perfect traceability system that meets the requirements of the present Measures may, upon Article 15 The liquor operator shall, when purchasing any liquor goods, claim the photocopies of the business license, sanitation license, production The liquor operator shall claim the photocopy of the effective certificate certifying that the goods pass the quality inspection as The liquor operator shall establish an account for purchase and sale in the liquor business operation and keep it for 3 years. Article 16 The liquor operator shall mark and sell the bulk liquor in a fixed place. Any mobile sale of bulk liquor is prohibited. The containers of bulk liquor shall meet the requirements of the state on food sanitation, to which the mark of meeting the standards Article 17 The liquor operator shall, when storing or transporting any liquor goods, meet the relevant requirements for the administration of Article 18 The liquor operator shall, when selling any liquor goods, indicate the price and shall be honest and creditworthy. Article 19 The liquor operator shall not sell any liquor goods to any minor and shall indicate this in an eye-catching position in its business Article 20 It’s prohibited to undertake the wholesale, retail or storage and transport of the following goods: (1) Any liquor goods produced by using any substance harmful to human such as non-edible alcohol; (2) Any liquor goods, of which the name or address of the production plant or production date has been forged or altered; (3) Any liquor goods that injured any intellectual property right such as the right to the exclusive use of trademark; (4) Any liquor goods which is adulterated, or any interior which is posed to superior or any fake which is posed to genuine or liquor (5) Any other liquor goods as prohibited by any law or regulation of the state. Chapter IV Supervision and Administration Article 21 The competent departments of commerce at or above the county level shall, according to the relevant laws and regulations of the state The competent department of commerce at all level shall not restrict or hinder the circulation of legal liquor goods within their Article 22 The competent department of commerce shall, when carrying out supervision and administration, show the effective certificate, and The competent department of commerce is obliged to keep the commercial secrets of the parties concerned. The liquor operator shall coordinate in the supervision and examination of the competent department of commerce by providing the Article 23 The competent department of commerce shall establish a monitoring system for liquor circulation, carry out monitoring and analysis The Ministry of Commerce shall apply the modern information techniques to establish the information system regarding the administration Article 24 The competent department of commerce may, by itself or in collaboration with the relevant departments, take the sample and conduct The liquor authentication conclusion as produced or accredited by the competent department of commerce shall be based on the testing Article 25 The liquor industrial organization is encouraged to establish and perfect an industrial self-discipline system. Article 26 Any entity or individual is enpost_titled to tip off or expose any violation of the present Measures to the local competent department Chapter V Legal Liabilities Article 27 Where any entity or individual violates the provisions of Article 6 , paragraph 1 of Article 10 of the present Measures, the competent Any entity or individual that violates the provisions of Article 12 of the present Measures may be fined less than 10, 000 yuan Article 28 Where any entity or individual violates the provisions of Article 14 or 15 of the present Measures, the competent department of commerce Article 29 Where any entity or individual violates the provisions of Article 16 or 17 of the present Measures, the competent department of commerce Article 30 Where any entity or individual violates the provisions of Article 1 19 of the present Measures, the competent department of commerce Article 31 Where any entity or individual violates the provisions of Article 20 of the present Measures, the competent department of commerce Article 32 Where any entity or individual violates the provisions of paragraph 3 of Article 22 of the present Measures, the competent department Article 33 Where the competent department of commerce conducts any supervision and administration on liquor circulation in violation of the present Chapter VI Supplementary Provisions Article 34 The licensing system shall be continued in those regions where the licensing administration of liquor circulation has been carried Article 35 The Registration Form and the Attached Documents shall be uniformly formulated by the Ministry of Commerce. The competent departments Article 36 The competent departments of commerce at or above the county level may entrust the relevant organizations to conduct the supervision Article 37 The power to interpret the present Measures shall remain with the Ministry of Commerce. Article 38 The present Measures shall come into force as of January 1, 2006. A 3-month transitional period shall be set as of the day of implementation. |
Ministry of Commerce
2005-11-07