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Measures for the Administration of Liquor Circulation

Chapter 1 General Provisions Article 1 is to regulate the circulation order of alcohol, promote the orderly development of the alcohol market, safeguard national interests, and protect the legitimate rights and interests of alcohol producers, operators and consumers. According to the state Relevant laws and regulations shall formulate these Measures. Article 2 The term "alcohol" as mentioned in these Measures refers to alcoholic beverages with an alcohol content (ethanol content) greater than 0.5 (volume fraction), including fermented wine, distilled wine, prepared wine, edible alcohol and other drinks containing alcoholic ingredients. Medicinal wines and health food wines produced with the approval of the relevant national administrative departments in accordance with the law are excluded. The term “alcohol circulation” as mentioned in these Measures includes alcohol wholesale, retail, storage and transportation and other business activities. Article 3 Those engaged in alcohol circulation activities within the territory of the People's Republic of China must abide by these Measures. Article 4 Liquor circulation shall implement an operator registration system and a traceability system. Article 5 The Ministry of Commerce is responsible for the supervision and management of alcohol circulation nationwide. The competent commerce departments at or above the county level are responsible for the supervision and management of alcohol circulation within their respective administrative regions. Chapter 2 Filing and Registration Article 6 Units or individuals engaged in the wholesale and retail of alcohol (hereinafter collectively referred to as alcohol operators) shall, within 60 days after obtaining the business license, in accordance with the principle of territorial management, report to the same office as the industrial and commercial administrative department of the place of registration. The competent commercial department at the level shall handle the filing and registration. Article 7 The registration procedures for liquor operators are as follows: (1) Obtain the "Liquor Circulation Registration Form" (hereinafter referred to as the "Registration Form"). The "Registration Form" can be downloaded from the Ministry of Commerce government website () or obtained from the local commerce department. (2) Fill in the "Registration Form". Liquor operators should fill in the "Registration Form" completely, accurately and truthfully; at the same time, carefully read the terms attached to the "Registration Form" and have it signed and stamped by the legal representative or owner. (3) Submit the following registration materials to the competent commerce department: 1. The "Registration Form" filled in in accordance with the requirements of Article 7 (2) of these Measures; 2. Signed and sealed by the legal representative or owner Copies of the business license and health license; 3. Other materials approved by the Ministry of Commerce and required to be submitted by the provincial commerce department. Article 8 The competent commerce department shall handle the filing and registration procedures within 5 working days from the date of receipt of the above-mentioned materials submitted by alcohol operators and stamp their seal on the Registration Form. Article 9 The competent commerce department shall completely and accurately record and preserve the filing and registration information and registration materials of alcohol operators, establish filing and registration files, regularly submit them to the superior competent department, and may announce them to the public. Article 10 When any registration item on the registration form is changed, the liquor operator shall go through the change procedures with the competent commerce department within 30 days from the date of change (within 30 days from the date of change of industrial and commercial registration for industrial and commercial registration items). After receiving the written materials submitted by the alcohol operators, the competent commerce department shall handle the change procedures within 5 working days. The "Registration Form" will automatically expire from the date when the alcohol operator cancels its registration with the industrial and commercial administration department or has its business license revoked. The competent commerce department should regularly verify the cancellation or revocation status with the industrial and commercial administrative department at the same level. Article 11 When handling the registration or change of registration, the competent commerce department may only charge the cost of production approved by the local price department, and shall not charge other fees. Article 12 Liquor operators shall not forge, alter, rent, lend, transfer, buy or sell, or defraud the "Liquor Circulation Registration Form". Chapter 3 Business Rules Article 13 Those engaged in business activities such as wholesale, retail, storage and transportation of alcohol shall comply with relevant national or industry standards in accordance with the law. Article 14 Liquor operators (suppliers) should fill out the "Liquor Circulation Accompanying Form" (hereinafter referred to as the "Accompanying Form") when wholesale alcoholic goods, and record the alcoholic commodity circulation information in detail. The "Accompanying Order" is attached to the entire process of alcohol circulation. The order goes with the goods and is consistent with the goods, realizing the traceability of the circulation information of the entire process of alcohol products from the factory to the sales terminal. The content of the "Attachment" should include the sales unit (name, address, registration number, contact information), name of the purchasing unit, sales date, sold goods (product name, specifications, origin, production batch number or production date, quantity, unit ) and other contents, and stamped with the seal of the operator.

Liquor operators that have established a complete traceability system that meets the requirements of these Measures, and are approved by the Ministry of Commerce, may use self-developed documents in place of the "Accompanying Document" stipulated in these Measures. Article 15 When purchasing alcoholic goods, alcohol operators should obtain from the first-time supplier their business license, health license, production license (limited to producers), registration form, and alcoholic goods distribution authorization letter (limited to production). Business) and other copies. For each batch of purchased alcoholic goods, the alcoholic beverage operator shall request a copy of the valid product quality inspection certificate and the "Accompanying Form" stamped with the alcoholic beverage operator's seal or comply with the provisions of Paragraph 2 of Article 14 of these Measures For imported alcoholic goods, copies of the "Imported Food Hygiene Certificate" and "Imported Food Label Review Certificate" issued by the national entry-exit inspection and quarantine department should also be obtained. Liquor operators should establish a liquor business purchase and sales account and keep it for 3 years. Article 16 Liquor operators shall sell bulk wine with labels at fixed locations, and mobile sales of bulk wine are prohibited. Bulk wine containers should comply with national food hygiene requirements, be affixed with a label that complies with national beverage wine labeling standards, and indicate the effective sales period after opening, the operator and his contact number. Article 17 Liquor operators shall comply with relevant requirements for food hygiene management, fire safety and storage and transportation when storing and transporting alcoholic products. Alcoholic beverages should be kept away from areas with high pollution and high radiation, and should not be mixed with toxic, harmful, pollutant (source), corrosive and other items. Article 18 Liquor operators selling alcoholic goods should clearly mark their prices and be honest and trustworthy. Article 19 Liquor operators shall not sell alcoholic products to minors and shall clearly indicate this in a conspicuous position of the business premises. Article 20 It is prohibited to wholesale, retail, store and transport the following commodities: (1) Liquor products made with non-edible alcohol and other substances harmful to human health; (2) Liquor products that forge or tamper with the name, address and production date of the production factory Goods; (3) Alcoholic goods that infringe intellectual property rights such as trademark rights; (4) Alcoholic goods that are adulterated, passed off as good, fake, or have exceeded the shelf life, and illegally imported wine; (5) Other countries The sale of alcoholic products prohibited by laws and regulations. Chapter 4 Supervision and Management Article 21 The commercial authorities at or above the county level shall supervise and manage the circulation of alcohol within their respective administrative regions in accordance with relevant national laws, regulations and these Measures. Commercial authorities at all levels shall not restrict or hinder the circulation of legal alcohol products in the region. Article 22 The competent commercial department shall produce valid certificates when supervising and managing, and there shall be no less than two law enforcement officers. Law enforcement officers may inspect account books or take samples when there is evidence or when a report is received. When taking samples, valid certificates shall be issued to the parties concerned. The competent commercial departments are obliged to keep commercial secrets for the parties concerned. Liquor operators should cooperate with the supervision and inspection of the competent commercial departments, provide truthful information, and are not allowed to transfer or destroy the alcoholic goods under inspection without authorization. Article 23 The competent commerce department shall establish an alcohol circulation monitoring system, conduct monitoring and analysis of local alcohol circulation conditions, establish credit files for alcohol operators, and publish them to the public in a timely manner. The Ministry of Commerce applies modern information technology to establish alcohol circulation management and alcohol product safety information systems. Commercial authorities at all levels and alcohol operators should report and submit relevant information in a timely manner. Article 24 The competent commerce department may, on its own or in conjunction with relevant departments, conduct sampling inspections of alcoholic beverages sold in the region, and may announce the inspection results to the public. The alcohol identification conclusion issued or recognized by the competent commerce department should be based on the test results of the national statutory testing agency or the identification report of the infringed enterprise. Article 25 encourages alcohol industry organizations to establish and improve industry self-discipline systems. Article 26 Any unit or individual has the right to report or complain about violations of these Measures to the local commercial department, industrial and commercial administration department or relevant departments. Chapter 5 Legal Responsibilities Article 27 Anyone who violates the provisions of Article 6 and Article 10 Paragraph 1 of these Measures shall be given a warning by the competent commerce department and ordered to make corrections within a time limit; if the person refuses to make corrections within the time limit, he shall be punished depending on the seriousness of the case. Liquor operators shall be fined not more than 2,000 yuan and may make public announcements.

Anyone who violates the provisions of Article 12 of these Measures shall be fined not more than 10,000 yuan depending on the seriousness of the case; any violation of industrial and commercial administrative laws and regulations shall be transferred to the industrial and commercial administrative authorities for handling according to law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 28 Anyone who violates the provisions of Articles 14 and 15 of these Measures shall be given a warning by the competent commerce department, ordered to make corrections, and may be announced to the public; those who refuse to make corrections shall be fined 5,000 yuan depending on the seriousness of the case. The following fines shall be imposed and announced to the public. Article 29 Anyone who violates the provisions of Articles 16 and 17 of these Measures shall be given a warning and ordered to make corrections by the competent commerce department; if the circumstances are serious, a fine of not more than 10,000 yuan may be imposed, and the violation may be transferred to the industrial and commercial administrative authority for handling according to law; If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 30 Anyone who violates the provisions of Article 19 of these Measures shall be given a warning and ordered to make corrections by the competent commerce department or in conjunction with relevant departments; if the circumstances are serious, a fine of not more than 2,000 yuan shall be imposed. Article 31 Anyone who violates the provisions of Article 20 of these Measures shall have the illegal goods confiscated by the competent commerce department or in conjunction with relevant departments, and may be fined not more than 30,000 yuan depending on the severity of the case; violations of industrial and commercial administrative laws and regulations and infringement of exclusive rights to trademarks If it violates other laws and regulations, it will be transferred to the relevant authorities and handled in accordance with the law; if it constitutes a crime, criminal responsibility will be pursued in accordance with the law. Article 32 Anyone who violates the provisions of paragraph 3 of Article 22 of these Measures shall be given a warning and ordered to make corrections by the competent commerce department; if the circumstances are serious, a fine of not more than 10,000 yuan may be imposed. Article 33 If the competent commerce department engages in the supervision and management of alcohol circulation in violation of the provisions of these Measures, it shall be subject to administrative sanctions in accordance with the law. Chapter 6 Supplementary Provisions Article 34 Areas that have implemented administrative licensing management of alcohol circulation in accordance with the law shall continue to implement the license system. The circulation of alcoholic goods shall implement a traceability system in accordance with these measures. The alcohol circulation license shall be regarded as the "Registration Form" . Article 35 The "Registration Form" and "Accompanying Form" shall be formulated uniformly by the Ministry of Commerce, and the provincial commerce authorities shall be responsible for their specific implementation. Article 36 The commercial authorities at or above the county level may entrust relevant agencies to engage in the supervision and management of alcohol circulation in accordance with the law. Article 37 The Ministry of Commerce is responsible for the interpretation of these Measures. Article 38 These Measures will come into effect on January 1, 2006, and a three-month transition period will be established from the date of implementation. During the transition period, alcohol operators shall handle registration and establish a traceability system for alcohol circulation in accordance with the provisions of these Measures.