Liquor Management Regulations of Sichuan Province
(Adopted at the 17th meeting of the Standing Committee of the 12th Sichuan Provincial People’s Congress on July 22, 2015) Article 1 In order to ensure that alcohol Food safety, ensuring public health and life safety, regulating alcohol production and operation activities, and promoting the sustainable and healthy development of the alcohol industry. In accordance with the "Food Safety Law of the People's Republic of China" and other relevant laws and regulations, combined with the actual situation of Sichuan Province, Enact these regulations.
Article 2 These Regulations shall apply to alcohol production, operation and supervision and management activities within the administrative region of Sichuan Province.
Article 3 The alcoholic beverages mentioned in these regulations refer to beverage alcoholic beverages with an alcohol content (ethanol content) greater than 0.5vol, including fermented alcoholic beverages, distilled alcoholic beverages, prepared alcoholic beverages and other alcoholic beverages. However, those that should be managed as drugs and health foods according to law are excluded.
Article 4 The Provincial People’s Government shall strengthen its leadership over alcoholic food safety and industrial development, ensure public drinking safety, and promote the healthy development of the alcoholic industry.
Article 5 The food safety supervision and management departments of local people’s governments at or above the county level are responsible for the supervision and management of alcohol production and operation.
The alcohol industry authorities of local people’s governments at or above the county level are responsible for the implementation of alcohol industry development strategies and plans within their respective administrative regions.
Relevant functional departments of local people's governments at or above the county level are responsible for the relevant supervision and management of alcohol production and operation within their respective scope of responsibilities.
Article 6: Local people's governments at or above the county level encourage and support alcohol producers to inherit traditional brewing techniques and use new technologies and equipment to promote industrial development.
Article 7 Alcoholic beverage producers and operators shall be responsible for the safety of the alcoholic food they produce and operate, be honest and trustworthy, strictly self-disciplined, and consciously accept social supervision.
Article 8 The alcohol industry association shall establish and improve the industry's integrity and self-discipline management mechanism, organize basic scientific research and popular science propaganda in the alcohol industry in accordance with the charter, inherit the history and culture of alcohol; provide alcohol and food safety information technology services, strengthen education and training on alcoholic food safety knowledge; promote the integrity construction of the industry, improve coordination and self-discipline functions, and guide and supervise alcoholic beverage producers and operators to produce and operate in accordance with the law. Article 9 To engage in alcohol production and business activities, a production and business license must be obtained in accordance with the relevant provisions of the Food Safety Law of the People's Republic of China.
Small workshops engaged in alcohol production and processing shall comply with the food safety requirements commensurate with the scale and conditions of their production and operation as stipulated in the Food Safety Law of the People's Republic of China.
Alcohol brewed by individuals and families is not allowed to be sold.
Article 10 Alcohol production and operation should strictly implement relevant laws, regulations and national alcohol and food safety standards to ensure the safety of alcohol and food.
Article 11 Alcoholic beverage producers should establish an alcoholic food safety inspection system and strengthen alcoholic beverage inspection work.
Alcohol producers can set up product quality inspection agencies to inspect the quality of alcoholic food themselves, or they can entrust other food inspection agencies that comply with the provisions of the "Food Safety Law of the People's Republic of China" to conduct inspections.
Liquor that has not been inspected or failed to pass the inspection shall not be sold out of the factory.
Article 12 Liquor producers shall establish a wine factory inspection record system, check the inspection certificate and safety status of the factory wine, and truthfully record the name, specifications, quantity, production date, and production date of the wine. The production batch number, inspection certificate number, sales date, purchaser's name, address, contact information and other related contents, if there is a shelf life requirement, the shelf life must be recorded truthfully.
The retention period of wine factory inspection records shall not be less than six months after the expiration of the shelf life of the wine; if there is no clear shelf life, the retention period shall not be less than two years.
Article 13 Prepackaged alcoholic beverages shall have labels that comply with laws, regulations and relevant national standards. Liquor producers and operators are responsible for the authenticity and legality of the labels of the alcoholic beverages they produce and operate, and must not mislead consumers.
Prepackaged liquor shall not falsely label ingredients, implementation standards, etc., and the implementation standards for solid-state liquor, liquid liquor, and solid-liquid liquor shall be marked on the label.
Vintage wine producers should mark the storage years and volume ratios of various basic wines and seasoning wines in the ingredient list, and retain traceability and inspection materials.
Article 14: Liquor production and processing in small liquor production and processing workshops should be brewed using the pure grain solid state brewing method. It is prohibited to use edible alcohol to process and produce liquor, and it is prohibited to produce pre-packaged liquor.
Article 15 When purchasing alcohol, liquor operators shall check the supplier's license, factory inspection certificate or other certificates of conformity, and ask for copies of relevant certificates.
Liquor operating enterprises shall establish a purchase inspection and record system to truthfully record the name, specifications, quantity, production date or production batch number, purchase date, supplier name, address, contact information, etc. of alcoholic food. , and save relevant credentials. If there is a shelf life requirement, the shelf life must be truthfully recorded.
The retention period of alcoholic food incoming inspection records shall not be less than six months after the expiration of the product’s shelf life; if there is no clear shelf life, the retention period shall not be less than two years.
Article 16 When operating bulk alcoholic food, operators shall sell it in a fixed business location. Mobile sales of bulk liquor are prohibited.
Bulk liquor should be packed in airtight containers, and the implementation standards, producers, and production dates of solid-method liquor, liquid-method liquor, and solid-liquid liquor should be marked on the containers.
When catering service providers sell homemade brewed wine, they should mark the name, quantity, and brewing date of the wine producer and brewing materials on the container.
Article 17 Imported alcoholic foods should comply with corresponding national food safety standards. Imported prepackaged alcoholic foods should have Chinese labels and Chinese instructions. Labels and instructions should indicate the place of origin and the name, address, and contact information of the domestic agent, and comply with relevant laws and regulations and the requirements of national food safety standards.
Article 18 The storage and transportation of alcohol shall comply with food safety management, fire prevention and related safety requirements. Alcohol should be stored away from high-pollution and high-radiation items, and should not be mixed with toxic, harmful, corrosive and other items.
Article 19 The following activities are prohibited in the production and operation of alcoholic beverages: (1) Using methanol, non-edible alcohol and other non-edible substances, or food raw materials and food additives that have exceeded the shelf life to produce alcoholic foods; (2) Using food additives beyond the scope or limit, or selling alcoholic foods that use food additives beyond the scope or limit; (3) Passing off fake as genuine, substandard, adulterated, adulterated, or passing off substandard alcoholic food Qualified alcoholic food; (4) Using toxic and harmful containers, tools and equipment to produce, package, transport, and store alcoholic food; (5) Selling alcoholic food that has not been inspected or failed to pass the inspection; (6) Selling unqualified alcoholic food Prepackaged alcoholic foods produced with a food production license; (7) Other activities prohibited by laws and regulations.
Article 20 It is prohibited to sell alcohol to minors.
Alcohol operators should place signs in prominent locations stating that alcohol is not sold to minors. Article 21 The Provincial People's Government may establish well-known brand alcoholic food resource protection zones based on industrial distribution and different ecological regions, and strengthen the protection and management of the ecological environment surrounding well-known alcoholic brand enterprises.
Article 22: Relevant departments of the Provincial People's Government shall carry out the construction and protection of special marks for well-known alcoholic brands and geographical indication products, and strengthen the "Sichuan Famous Trademarks", "Famous Brand Products" and "Sichuan Time-honored Brands" ” and other related brand cultivation and certification work.
Article 23 Local people’s governments at or above the county level shall strengthen the cultivation and protection of intellectual property rights such as alcoholic food trademarks, patents, and geographical indications, and encourage alcoholic producers and operators to implement trademark strategies.
Local people's governments at or above the county level should strengthen the protection of traditional wine-making cellars with cultural relic value and their surrounding ecological environment within their respective administrative regions, improve traditional wine-making techniques, and strengthen the protection of representative inheritors.
Article 24: Alcoholic beverage production enterprises are encouraged to apply for the use of special signs for geographical indication products and special signs and patterns for registered trademarks.
Article 25: Alcoholic beverage production enterprises that have been approved to use special signs for alcoholic geographical indication products shall organize production in accordance with the standards for geographical indication products, and ensure that raw materials, production processes, and product quality comply with the geographical indications for alcoholic beverages. Product quality standards and grade marks should be consistent with those on the actual product.
Article 26 Products applying for the protection of the special mark for alcoholic geographical indication products shall meet the requirements of safety, hygiene and environmental protection. Products that may cause harm to the environment, ecology and resources shall not be allowed to use alcoholic beverages. Special mark for geographical indication-like products.
Article 27 The Liquor Industry Association shall strengthen the management of its member units, formulate specific production technology management systems and operating specifications, and cooperate with relevant government departments in policy formulation, market supervision, brand marketing and Industrial upgrading and other work. Article 28 The food safety supervision and management department of the local people's government at or above the county level shall strengthen law enforcement capacity building, establish and improve the supervision and management system, improve the supervision and inspection mechanism, supervise and guide alcohol producers and operators to implement the main responsibilities of food safety production and operation, establish Alcohol and food safety traceability system.
Article 29 The food safety supervision and management department shall establish an alcoholic food safety supervision and inspection system, conduct regular supervision and inspection and sampling inspection on alcoholic food safety, and promptly investigate and punish those that do not meet the national alcoholic food safety standards. of alcoholic food and other violations of alcoholic food safety.
Article 30 The food safety supervision and administration department of the local people's government at or above the county level shall establish and publish the food safety credit files of alcoholic beverage producers and operators, recording the issuance of licenses, daily supervision and inspection results, investigation and punishment of illegal activities, etc. ; Increase the frequency of supervision and inspection of alcohol producers and operators with bad credit records.
Article 31 The food safety supervision and management department of the local people's government at or above the county level performs its alcoholic food safety supervision and management responsibilities and has the right to take the following measures to supervise and inspect the compliance of producers and operators with these Regulations : (1) Entering production and operation sites to conduct on-site inspections; (2) Conducting sampling inspections of alcohol produced and operated; (3) Reviewing and copying relevant contracts, bills, account books and other relevant materials; (4) Seizing and detaining evidence Food, food additives, and food-related products that are proven not to meet food safety standards or have evidence to prove that there are potential safety hazards and are used in illegal production and operation; (5) Seal places that illegally engage in alcohol production and operation activities.
Alcohol producers and operators shall accept supervision and inspection, truthfully provide relevant information, and shall not refuse or obstruct inspection.
Article 32 The food safety supervision and management department of the local people's government at or above the county level and other relevant management departments perform their alcoholic food supervision and management responsibilities in accordance with legal authority and procedures, and should strengthen cooperation and establish and improve supervision and management and Mechanism for exchange and sharing of law enforcement information.
Article 33 The quality supervision and management departments, industrial and commercial administrative departments, and intellectual property protection departments of the local people's governments at or above the county level shall be responsible for the supervision and management of alcoholic geographical indication products within their respective administrative regions according to their respective division of responsibilities. Investigate and deal with infringements such as counterfeiting and fraudulent use of special signs, patents and trademarks for alcoholic geographical indication products.
Article 34: The relevant functional departments of the local people's governments at or above the county level shall establish a system for complaints, reports and rewards for illegal activities in the production and operation of alcoholic beverages. Complaints and reports shall be handled promptly; those found to be true shall be rewarded. , and maintain the confidentiality of the whistleblower.
Article 35: When conducting supervision and inspection, law enforcement personnel shall not abuse their powers, neglect their duties, engage in malpractice for personal gain, solicit or accept property from the parties concerned, or disclose the business secrets of the units and individuals being inspected. Article 36 If any violation of the provisions of these Regulations is stipulated by laws or regulations, such provisions shall prevail.
Article 37 Anyone who violates the provisions of Paragraph 3 of Article 9 of these Regulations and sells alcohol brewed by individuals or families shall be ordered to make corrections within a time limit by the food safety supervision and administration department of the local people's government at or above the county level. Give a warning; if you fail to make corrections within the time limit, the illegal income and illegally produced and operated alcoholic beverages will be confiscated, and a fine of not less than 1,000 yuan but not more than 10,000 yuan will be imposed.
Article 38 Violates the provisions of Paragraph 3 of Article 13 of these Regulations by failing to indicate the storage years and volume ratios of various basic wines and seasoning wines in the ingredient list, and retaining traceability and inspection materials , the food safety supervision and administration department of the local people's government at or above the county level shall order corrections and give a warning; if the value of illegally produced and operated alcohol is less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan may be imposed; If the amount exceeds 10,000 yuan, a fine of not less than five times but not more than ten times the value of the goods may be imposed; in serious cases, the illegally produced and operated alcoholic beverages may be confiscated.
Article 39: Anyone who violates the provisions of Article 14 of these Regulations by using edible alcohol to process and produce alcohol or produce pre-packaged alcohol shall have the illegally confiscated food safety supervision and management department of the local people's government at or above the county level Income and illegal production and operation of alcohol, tools, equipment, raw materials and other items used for illegal production and operation shall be confiscated; if the value of illegally produced alcohol is less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan may be imposed. ; If the value of the goods exceeds 10,000 yuan, a fine of not less than five times but not more than ten times the value of the goods may be imposed.
Article 40 Anyone who violates the provisions of Paragraph 1 of Article 16 of these Regulations and sells bulk liquor in a mobile manner shall be ordered to make corrections and given a warning by the food safety supervision and administration department of the local people's government at or above the county level; those who operate illegally If the value of alcohol is less than RMB 10,000, a fine of not less than RMB 2,000 and not more than RMB 30,000 may be imposed; if the value of alcohol exceeds RMB 10,000, a fine of not less than three times but not more than ten times the value of the goods may be imposed.
Any violation of the provisions of paragraphs 2 and 3 of Article 16 of these Regulations, and the containers and labels of bulk liquor and infused liquor do not comply with the regulations, shall be investigated by the food safety supervision and management department of the local people's government at or above the county level. Order to make corrections within a time limit and give a warning; if you refuse to make corrections, if the value of the goods illegally produced and operated is less than 10,000 yuan, you will be fined not less than 2,000 yuan but not more than 30,000 yuan; if the value of the goods exceeds 10,000 yuan, you will be fined an amount of 3 A fine of not less than 10 times but not more than 10 times shall be imposed.
Article 41 Anyone who violates the provisions of Article 18 of these Regulations and fails to store and transport alcohol as required shall be ordered to make corrections by the food safety supervision and management departments of the local people's governments at or above the county level according to their respective division of responsibilities. , give a warning; if the company refuses to make corrections, it will be ordered to suspend production and business, and a fine of not less than 10,000 yuan but not more than 50,000 yuan will be imposed; if the circumstances are serious, the license will be revoked.
Article 42 Anyone who violates the provisions of Paragraph 6 of Article 19 of these Regulations and sells pre-packaged alcoholic food produced without a food production license shall be subject to the Food Safety Bureau of the local people's government at or above the county level. The supervision and management department shall order corrections and impose a fine of not less than 1,000 yuan but not more than 30,000 yuan.
Article 43 Anyone who violates the provisions of Paragraph 1 of Article 20 of these Regulations by selling alcohol to minors shall be ordered to make corrections by the food supervision and administration department of the local people's government at or above the county level and shall be fined one day A fine of not less than 1,000 yuan but not more than 10,000 yuan is imposed.
Anyone who violates the provisions of Paragraph 2 of Article 20 of these Regulations by failing to place a sign in a conspicuous position stating that alcohol is not sold to minors shall be ordered to do so within a time limit by the food safety supervision and administration department of the local people's government at or above the county level. Correction; if correction is not made within the time limit, a fine of not less than 500 yuan but not more than 1,000 yuan will be imposed. Article 44: Small alcohol production and processing workshops refer to small workshops that have basic production conditions and fixed production sites, but have small production and processing scales, fewer employees, and simple production and operation conditions. They cannot operate in accordance with the provisions of the People's Republic of China and the National Alcoholic beverage producers that have obtained production licenses under the Food Safety Law.
Article 45: Liquor operators in this Regulation include alcohol sellers and catering service providers.
Article 46 These Regulations shall come into effect on October 1, 2015.