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Regulations of Henan Province on the Supervision and Administration of Commodity Exchange Market (revised in 2005)
Chapter I General Provisions Article 1 In order to strengthen the supervision and management of commodity trading markets, maintain normal trading order, protect the legitimate rights and interests of market promoters, operators and consumers, and promote the healthy development of commodity trading markets, these Regulations are formulated in accordance with the relevant laws and regulations of the state and in light of the actual situation of this province. Article 2 The commodity trading market as mentioned in these Regulations (hereinafter referred to as the market) refers to the market of means of subsistence and means of production with fixed sites, facilities and business services, and with a number of operators entering the market and publicly trading. Article 3 Units and individuals that set up markets and engage in business activities within the administrative region of this province, market supervision and management departments and their law enforcement personnel shall abide by these regulations. Article 4 Commodity trading activities in the market shall abide by laws and regulations and follow the principles of voluntariness, equality, fairness, honesty and credit and business ethics.

Legal commodity trading activities are protected by law, and no organization or individual may illegally interfere. Article 5 People's governments at all levels shall strengthen their leadership in market planning, construction and management, make overall planning and rational layout according to the actual needs of economic development and people's lives, and incorporate market construction into the overall urban planning and the construction planning of villages and market towns. Article 6 The administrative departments for industry and commerce at or above the county level shall be responsible for the supervision and administration of the market within their respective administrative areas.

Public security, taxation, price, technical supervision, public health, urban construction and other departments shall, in accordance with their respective responsibilities, supervise and manage the market in accordance with the provisions of laws and regulations. Article 7 The administrative department for industry and commerce and relevant supervision and management departments, as well as market promoters and operators, shall jointly strengthen the construction of spiritual civilization in the market and actively create a civilized market. Chapter II Opening and Registration of Markets Article 8 Enterprises, institutions, other economic organizations and individuals may invest in opening markets according to law.

The administrative department for industry and commerce and the relevant supervision and management departments shall not open the market, and the market that has been opened shall be managed separately from the enterprise in accordance with the provisions of the state. Article 9 To start a market, the following conditions shall be met:

(a) in line with the overall urban planning and rural construction planning, to meet the needs of economic development and people's lives;

(2) Having corresponding venues, facilities and funds;

(3) Having the necessary traffic, public security, sanitation and environmental protection conditions and meeting the requirements of fire control technical specifications;

(4) Other conditions stipulated by laws and regulations. Article 10 The opening of markets shall not occupy highways, urban roads, squares, public green spaces and basic farmland, and avoid government agencies, schools and hospitals.

If the existing market does not conform to the provisions of the preceding paragraph, it shall move out in accordance with the time limit and place stipulated by the local people's government.

Morning markets and night markets approved by the people's governments at or above the county level shall operate in accordance with the prescribed time and place. Article 11 Only one name can be used in the market. The market name enjoys the exclusive right after being approved and registered.

The market name should be civilized and healthy. Article 12 A market promoter shall set up a business service institution, apply for registration and obtain a business license in accordance with the provisions on the registration of enterprises as legal persons or the administration of company registration.

Where an enterprise as a legal person opens a market, it may not set up a business service institution, but it shall go through the registration of change and increase its business scope. Article 13 The main responsibilities of market promoters and business service institutions are:

(a) responsible for the daily management of the market and provide corresponding services;

(two) do a good job in health and safety, fire control and other work;

(three) responsible for the construction and maintenance of market operation facilities and safety facilities;

(four) to assist the market supervision and management departments to perform official duties according to law and maintain the order of market transactions. Article 14 Where the market moves, merges, splits up, cancels or changes other registered items, the promoters shall handle the change or cancellation of registration at the original registration authority within 30 days from the date of decision. Article 15 The administrative department for industry and commerce shall make an announcement within 15 days after approving the market opening, change and cancellation of registration. Chapter III Market Trading Activities Article 16 Operators who enter the market to engage in commodity trading activities must hold a business license issued by the administrative department for industry and commerce and show their business licenses at approved booths.

Farmers who sell small cases of self-produced agricultural and sideline products in bazaars may not apply for business licenses or pay market management fees. The administrative department for industry and commerce and the relevant supervision and management departments shall provide convenience and services. Seventeenth operators should consciously accept supervision and management, and pay taxes according to law. Eighteenth the following items are prohibited from trading:

(1) Smuggling goods;

(2) Fake and inferior commodities;

(three) wild animals, plants and their products under special protection by the state and this province;

Cultural relics whose trading is prohibited by laws and regulations;

(5) reactionary, obscene publications and other illegal publications;

(six) agricultural and sideline products, livestock and poultry and their products that should be quarantined in accordance with the regulations, and health foods that cannot be labeled;

(seven) deteriorated, expired and invalid goods;

(eight) goods that do not meet the requirements for the protection of personal and property safety;

(9) superstitious articles;

(ten) other commodities prohibited by laws and regulations. Nineteenth operators in business activities prohibit the following acts:

(a) counterfeiting the registered trademark of others;

(two) unauthorized use of the unique name, packaging and decoration of well-known commodities, or the use of names, packaging and decoration similar to well-known commodities;

(3) Forging the place of origin, forging or falsely using the name and address of others;

(4) Forging or fraudulently using quality marks such as certification marks and brand-name marks to make misleading false representations about the quality of commodities;

(five) adulteration, fake, shoddy, substandard goods as qualified goods;

(6) using unqualified measuring instruments or damaging the accuracy of measuring instruments or falsifying data;

(seven) misleading false propaganda about the quality, composition, performance, use, producer, expiration date, origin and price of the goods;

(eight) dominate the market, buy and sell, and trade by bribery;

(nine) fabricating and spreading false facts, damaging the business reputation and commodity reputation of competitors;

(ten) other transactions prohibited by laws and regulations.