Announcement of the Yunnan Provincial Bureau of Grain and Material Reserves on Publicly Soliciting Opinions on the Implementation Measures of the”Regulations on the Management of Grain Circulation of Yunnan Province (Draft for Solicitation of Comments)”
By: Date: 2021-04-13 Categories: authoritativerelease Tags: ,
   In order to thoroughly implement the newly revised Regulations on the Administration of Grain Circulation (Order No. 740 of the State Council), to effectively maintain the order of grain circulation in our province, and to ensure the food security of our province, the Provincial Grain and Reserve Bureau drafted the”Grain of Yunnan Province” Circulation Management Regulations>Implementation Measures (Draft for Solicitation of Comments), in accordance with the provisions of the “Measures for the Establishment and Filing of Administrative Normative Documents of Yunnan Province”, are now open to the public for comments. The public is welcome to provide valuable opinions and suggestions. Please give feedback to our office by telephone, letter, email, etc., and indicate the contact number and address of the responder before April 26, 2021.
   Tel:0871-63619035, 63612727 (fax)
   Email:[email protected]
  Address:Policies and Regulations Office of Yunnan Grain and Material Reserve Bureau, No. 76 Dongfeng East Road, Panlong District, Kunming City, Yunnan Province
   Thank you for your support of food and material reserves!
   Yunnan Provincial Grain and Material Reserve Bureau
   April 12, 2021
  Implementation Measures of Yunnan Province”Grain Circulation Management Regulations”

   (draft for comments)
  Article 1  In order to implement the”Regulations on the Administration of Grain Circulation” (hereinafter referred to as the”Regulations”), maintain the order of grain circulation in our province, and ensure food security, these measures are formulated.
  Article 2  Business activities such as grain purchase, sale, storage, transportation, processing, import and export within the administrative area of ​​our province (hereinafter collectively referred to as grain business activities) shall comply with the regulations and these Measures. The grains mentioned in these Measures refer to wheat, rice, corn, miscellaneous grains and their finished grains. The grain operators mentioned in these Measures refer to natural persons, legal persons, and unincorporated organizations that engage in grain purchase, sale, storage, transportation, processing, import and export and other economic activities.
  Article 3 The Provincial People’s Government encourages market entities with multiple ownership systems to engage in food business activities to promote fair competition. Food business activities in accordance with the law are protected by national laws. It is strictly forbidden to obstruct the free flow of food by illegal means. State-owned grain enterprises should transform their operating mechanisms, improve market competitiveness, play the role of the main channel in grain circulation, and take the lead in implementing the national grain policy.
   Article 4  Food prices are mainly formed by market supply and demand. Governments at all levels should strengthen the management of grain circulation and enhance their ability to regulate and control the grain market.
   Article 5 Grain business activities shall follow the principles of voluntariness, fairness, and integrity, and shall not harm the lawful rights and interests of food producers and consumers, and shall not harm the interests of the state and the public. Effective measures shall be taken to prevent and reduce food losses. waste.
   Article 6 Implement the same responsibility of the party and government for food security. According to the requirements of the provincial governor’s responsibility system for food security, the provincial people’s government assumes the main responsibility for ensuring food security in the province, and is responsible for the total amount of food in the province under national macro-control Balance and management of provincial grain reserves. The provincial development and reform department and the grain and reserve administrative department are responsible for the province’s total grain balance, macro-control, structural adjustment of important grain varieties, and medium and long-term plans for grain circulation. The provincial grain and reserve administrative department is responsible for the administrative management and industry guidance of grain circulation in the province, and supervises the implementation of laws, regulations, policies and various rules and regulations related to grain circulation. The provincial market supervision and management, health and health departments are responsible for the work related to grain circulation within their respective responsibilities.
  Article 7 All states, cities, counties, and districts shall implement the same responsibility for food security, the Party and the government, and in accordance with the requirements of the Yunnan Provincial Food Security Administrative Chief Accountability System, assume the main responsibility for ensuring food security in their administrative regions, and shall be subject to national macro-control , Responsible for the total balance of grain in the administrative region and the management of grain reserves at this level. All state, city, county, district grain and reserve administrative departments are responsible for the administrative management and industry guidance of grain circulation in their administrative regions, and supervise the implementation of laws, regulations, policies and various rules and regulations related to grain circulation; The district market supervision and management, health and health departments are responsible for the work related to grain circulation within their respective responsibilities.
  Article 8  Business operators engaged in the purchase of grains (hereinafter referred to as grain purchasers) shall have the ability to be compatible with the types and quantities of grains they purchase. Enterprises engaged in grain purchases (hereinafter referred to as grain purchase enterprises) should file the name, address, person in charge, and storage facilities of the company with the county-level grain and reserve administrative department of the place of purchase. If the content of the record changes, the record should be changed in time . All prefectures, cities, counties, and districts grain and reserve administrative departments shall strengthen grain purchase management and services, and standardize grain purchase activities.
   Article 9   When a grain purchaser purchases grain, he shall notify the grain seller or publicize the variety, quality standards and purchase price of the grain at the place where it is purchased. Grain purchasers shall comply with the national food quality standards and price based on quality, and shall not harm the interests of farmers and other grain producers. Grain purchasers shall pay the grain sellers in a timely manner and shall not be in arrears; and shall not accept any organization or individual’s Entrust withholding and payment of any taxes, fees and other payments. When purchasing grain, grain purchasers shall conduct quality and safety inspections in accordance with relevant state regulations to ensure grain quality and safety. Grain that does not meet food safety standards should be stored separately for non-edible purposes.
   Article 10   Grain purchase enterprises shall regularly report to the grain and reserve administrative department of the county-level people’s government in the place where they are purchased, on the variety, quantity, and quality of their grains. For cross-state and municipal grain purchases, the grain and reserve administrative department at the county level where the purchase place and the grain purchase enterprise are located shall regularly report the variety, quantity, and quality of grain purchases.
   Article 11 The storage facilities used by grain purchasers and grain storage enterprises (hereinafter referred to as grain storage enterprises) shall comply with the relevant standards and technical specifications for grain storage and the requirements of safety production laws and regulations, and shall have the same storage varieties , Scale, cycle and other suitable storage conditions to reduce grain storage loss. Grain must not be mixed with toxic and harmful substances that may pollute the grain, and stored grain must not use chemical agents prohibited by the state or excessive use of chemical agents.
   Article 12  The transportation of grain shall strictly implement the national technical regulations for grain transportation to reduce the loss of grain transportation. Contaminated means of transportation or packaging materials shall not be used to transport grain, and shall not be mixed with toxic and hazardous substances for transportation.
  Article 13   engaged in food production of grain, shall comply with the conditions and requirements stipulated by food safety laws, regulations and standards, and shall be responsible for the safety of the food produced. Encourage grain operators to increase the yield rate of finished grains and the comprehensive utilization rate of by-products.
   Article 14   The sales of grain shall strictly comply with national grain quality and other relevant standards, and shall not be short-lived, adulterated or shoddy, and shall not be hoarded, monopolize or manipulate grain prices, or bully the market.
  Article 15  During the grain storage period, grain quality inspections shall be carried out regularly, and the grain quality shall be promptly discharged when the quality reaches a level that is not suitable for storage. Establish a quality and safety inspection system for grain sales out of the warehouse. The grain within the normal storage period shall be inspected by the grain storage enterprise itself or by the grain quality and safety inspection agency before being released from the warehouse; the grain that exceeds the normal storage period shall be used for grains whose storage period has not reached the safe interval. As well as grains with abnormal colors and odors, the grain quality and safety inspection agency shall conduct quality and safety inspections before leaving the warehouse. Grain that has not been inspected for quality and safety shall not be sold out of the warehouse.
  Article 16   Grain purchasers and grain storage enterprises shall not sell the following grains for edible purposes:
  (1) The content of pollutants such as mycotoxins, pesticide residues, heavy metals, and other substances harmful to human health exceeds the limit of food safety standards;
   (two) mildew or abnormal color or smell;
  (3) The use of grain storage chemicals during storage has not reached the safe interval;
   (4) Contaminated by packaging materials, containers, transportation tools, etc.;
  (5) Other laws, regulations or relevant national regulations clearly prohibit sales for edible purposes.
   Article 17   Business operators above designated size engaged in the purchase, processing, and sales of grain must maintain the necessary inventory. When necessary, the Provincial People’s Government shall, in accordance with the needs of the province’s grain macro-control, set minimum or maximum grain stocks for grain operators.
  Article 18  Grain managers who engage in policy-based food business activities shall strictly abide by the relevant regulations of the state and shall not conduct the following behaviors:
   (1) Falsely report the quantity of grain purchases and storage;
   (2) By using Chen Dingxin, shoddy, low income and high turnover, false purchases and sales, false rotations, illegal reselling, etc., arbitrage grain price differences and financial subsidies to defraud credit funds;
   (3) Misappropriation, misappropriation, and deduction of financial subsidies and credit funds;
  (4) Use policy food as a guarantee or pay off debts;
  (5) Use policy-oriented food to carry out other business operations except for the policy-oriented tasks entrusted by the government;
  (6) When policy-related grains are shipped out of the warehouse, they are mixed with fakes, shoddy, exchanged the subject matter, and refuse to execute the warehouse-out instruction or obstruct the warehouse-out;
  (7) Purchasing state-restricted policy food, reselling in violation of regulations or disposing of it not in accordance with the prescribed use;
   (8) Unauthorized use of policy food;
   (9) Other violations of national policy-related food management regulations.
  Article 19  State-owned grain enterprises shall actively purchase grain, and do a good job in the purchase and sale of policy-based grain, and obey and serve the national macro-control.
  Article 20 For grain purchasers who meet the loan conditions, the bank shall provide purchase loans in a timely manner in accordance with relevant state regulations. The Yunnan Branch of the Agricultural Development Bank and its branches shall ensure the central and local grain reserves and other policy-oriented grain credit funds, and provide state-owned grain enterprises, large grain industrialized leading enterprises and other grain enterprises according to their risk tolerance. Credit fund support. Policy-based grain purchase funds should be earmarked for special purposes and operated in a closed manner.
   Article 21 All business operators engaged in the purchase, sale, storage, and processing of grain, as well as feed and industrial grain enterprises, shall establish a grain business account and submit it to the local county-level grain and reserve administrative department Basic data and related information on grain purchase, sales, storage, etc. The retention period of the grain business ledger shall not be less than 3 years. Where the basic data and relevant information submitted by grain operators involve commercial secrets, the grain and reserve administrative department shall be obliged to keep it confidential. Grain circulation statistics are implemented in accordance with the relevant provisions of the”Statistical Law of the People’s Republic of China”. The grain circulation statistical report shall be reported level by level by the grain and reserve administrative department at or above the county level in accordance with the requirements of the national statistical system.
   Article 22   The grain and reserve administrative department at or above the county level shall establish a credit file for grain operators, record the results of daily supervision and inspection, the investigation and punishment of illegal acts, and publicize it to the society in accordance with the law. Food industry associations and intermediary organizations should strengthen industry self-discipline and play a supervisory and coordinating role in maintaining the order of the food market.
  Article 23 Encourage and support the development, promotion and application of advanced grain storage, transportation, processing and information technology, and carry out education on cherishing and saving grain. The grain and reserve administrative department at or above the county level shall strengthen the guidance and services for grain operators and guide them to save grain and reduce grain losses.
  Article 24 Establish a local graded grain reserve system in Yunnan Province. Local grain reserves are used to adjust grain supply and demand, and to respond to major natural disasters or other emergencies. The purchase and sale of policy-related grains, in principle, are carried out publicly through standardized grain trading centers, and can also be carried out through other methods prescribed by the provincial people’s government.
  Article 25 The government at or above the county level shall establish and improve the grain risk fund system. The grain risk fund is mainly used to support grain reserves and stabilize the grain market. The financial department at or above the county level is responsible for the supervision and management of the grain risk fund to ensure that the special funds are used for use.
   Article 26  When grain prices rise significantly or are likely to rise significantly, the Provincial People’s Government may adopt price intervention measures in accordance with the provisions of the Price Law of the People’s Republic of China.
  Article 27 The people’s governments at or above the county level shall strengthen the construction of food information monitoring and early warning systems. The provincial development and reform department and the grain and reserve administrative department, together with the agriculture and rural areas, statistics, and market supervision and management departments, are responsible for the monitoring and early warning analysis of the province’s grain market supply and demand situation, improve the grain supply and demand spot check system, and release grain production, consumption, prices, and quality And other information. The people’s governments of each state and city are responsible for local food information monitoring and early warning analysis.
   Article 28. Grain operators are encouraged to establish stable production and sales in various forms between key grain production areas in the province and key sales areas, between our province and the main grain production areas of the country, and key grain production areas outside the province. Encourage the cultivation of grain enterprises that integrate production, purchase, storage, processing, and sales, support the construction of grain production, processing, and logistics bases or parks, strengthen the protection of government reserves of grain and oil storage and logistics facilities, and encourage the development of contract agriculture. Encourage our province’s grain business enterprises to establish trade relations with neighboring countries.
   Article 29:When a major natural disaster, a major epidemic or other emergencies cause abnormal fluctuations in the supply and demand of the grain market, the provincial people’s government shall decide to implement a grain emergency mechanism throughout the province.
  Article 30 Establish a food emergency system for emergencies across the province. The Provincial People’s Government formulated the province’s food emergency plan. The people’s governments of prefectures, cities, counties, and districts formulate food emergency plans for their administrative regions in accordance with the actual conditions of their regions and the requirements of the province’s food emergency plans.
  Article 31 Initiate the province’s grain emergency response plan. The provincial development and reform department and the grain and reserve administrative department will put forward suggestions, report to the provincial people’s government for decision, and report to the State Council. Initiate the state, city, county, and district food emergency response plan, and the state, city, county, district development and reform department and the grain and reserve administrative department will make recommendations, report to the people’s government at the same level for decision, and report to the people’s government at the next higher level.
  Article 32 After the grain emergency plan is activated, grain operators must undertake emergency tasks as required, obey unified arrangements and scheduling, and ensure emergency needs.
  Article 33 Encourage the development of the grain industry economy, increase the level of high-quality grain supply, and encourage leading enterprises in grain industrialization to provide safe and high-quality grain products.
  Article 34 The people’s government at or above the county level shall strengthen the construction of a food circulation quality and safety risk monitoring system, and the provincial health, market supervision and management, and grain and reserve administrative departments shall organize the implementation of the province’s grain circulation quality according to their responsibilities. Safety risk monitoring:State, city, county, district-level health, market supervision and management, grain and reserve administrative management and other departments shall organize and implement the quality and safety risk monitoring of grain circulation in their respective administrative regions according to their duties.
  Article 35 The grain and reserve administrative department shall supervise and inspect the implementation of the national grain circulation statistical system in accordance with these Regulations on the grain business operators’ activities in grain purchase, storage, transportation and policy-based grain purchase and sale. During the process of supervision and inspection, the grain and reserve administrative department may enter the business premises of grain operators to consult relevant materials and certificates; check the quantity, quality and storage safety of grain; check whether grain storage facilities and equipment comply with relevant standards and technical specifications; Investigate with relevant units and personnel to understand the relevant situation; seize and detain grains that are illegally purchased or that do not meet the national grain quality and safety standards, and used for illegal operations or contaminated tools, equipment, and relevant account books; seize places that illegally engage in food business activities . At the same time, the supervision and inspection situation and processing results shall be recorded in accordance with the standardized legal document format, and the supervision and inspection personnel shall sign and file them.
  Article 36 In accordance with relevant laws and regulations, the market supervision and management department shall supervise and inspect the disturbance of market order, illegal transactions, and price violations in grain business activities.
  Article 37 The people’s governments at or above the county level shall strengthen the monitoring of grain pollution in their administrative regions, establish and improve a long-term mechanism for the purchase and disposal of contaminated grains, and promptly take disposal measures if they find regional grain pollution.
  Article 38 Any unit or individual has the right to report violations of these regulations to the relevant departments. Relevant departments shall keep the whistleblower confidential and deal with it in a timely manner in accordance with the law. Any unit and grain business operator shall be punished in accordance with the provisions of the regulations for legal liabilities that they shall bear for violating the regulations and the provisions of these Measures.
  Article 39 These Measures shall come into force on the day of 2021, and shall be valid until the day of 2026. The”Implementation Measures of Yunnan Province’s Regulations on the Administration of Grain Circulation” promulgated by the Provincial People’s Government on June 28, 2017 (Yunzhengfa [2017] No. 38) shall be repealed simultaneously.