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Gansu Province Liquor Commodity Management Regulations (2005 revision)

Article 1 is to strengthen the production and circulation management of alcoholic products, ensure product quality, prevent counterfeit and shoddy products from entering the market, safeguard the legitimate rights and interests of producers, operators, and consumers, and promote the healthy development of the alcoholic industry. , these regulations are formulated in accordance with relevant national laws and regulations and in combination with the actual conditions of this province. Article 2 Enterprises or individuals engaged in the production and operation of alcoholic beverages within the administrative region of this province must abide by these regulations. Article 3 The term “alcohol products” in these regulations refers to alcoholic beverages with an alcohol content (ethanol content) greater than 0.5%, including fermented wine, distilled wine, prepared wine, edible alcohol and other drinks containing alcoholic ingredients. Article 4 The provincial commerce administrative department is the department in charge of alcoholic products in the province, and its subordinate provincial alcoholic product management agency is specifically responsible for the implementation of these regulations.

City, state, county (city, district) alcoholic product management agencies are responsible for the management of alcoholic products within their respective administrative regions.

Administrative departments at all levels, such as commerce, industrial and commercial administration, quality and technical supervision, health and public security, shall, in accordance with their respective responsibilities, supervise and manage the production and operation of alcoholic products in accordance with the law. Article 5 People’s governments at or above the county level should strengthen leadership over the production and circulation management of alcoholic products, make overall plans, optimize structures, and support the development of famous and high-quality wines in accordance with the requirements of national industrial policies. Article 6: A license system is implemented for the production of alcoholic beverages.

Enterprises applying for an alcoholic product production license should meet the following conditions:

(1) Comply with the province’s alcoholic product production planning layout, have a certain production scale and corresponding Registered capital, production sites, equipment, testing instruments, professional and technical personnel and other basic production conditions;

(2) Comply with relevant regulations on health, environmental protection and production safety;

( 3) Product quality meets national standards. Article 7 Liquor production licenses shall be issued by the provincial quality and technical supervision department.

Other alcohol product production licenses shall be issued by the provincial alcohol product management agency.

Enterprises applying for an alcoholic product production license should submit a written application to the local county-level quality and technical supervision department or alcoholic product management agency. The quality and technical supervision department or alcoholic product management agency shall put forward preliminary review opinions within 15 working days, obtain the consent of the municipal, state (regional) quality and technical supervision department or alcoholic product management agency, and then report to the provincial quality and technical supervision department or alcoholic product management agency. Reviewed by the Provincial Liquor Commodity Management Agency. After receiving the application and corresponding documents, the provincial quality and technical supervision department or the provincial alcohol product management agency will issue an alcohol product production license to those that meet the conditions within 20 working days, and provide a written reply to those that do not meet the conditions. Article 8: National quality and hygiene standards should be strictly followed in the production of alcoholic products. The use of non-edible alcohol and additives harmful to human health is prohibited. Alcoholic products that do not meet quality and hygiene standards are not allowed to enter the market. Article 9 A license system is implemented for the wholesale of alcoholic beverages.

Enterprises or individuals applying for a liquor wholesale license should meet the following conditions:

(1) Have corresponding registered capital;

( 2) Have business premises and storage facilities that comply with regulations;

(3) Have a health license issued by the health administrative department.

Enterprises or individuals engaged in both wholesale and retail operations of alcoholic beverages should apply for a wholesale license. Article 10: Liquor commodity wholesale licenses shall be reviewed and issued by the liquor commodity management agencies at or above the county level in accordance with their respective responsibilities. Enterprises or individuals applying for a liquor wholesale license should submit a written application. After receiving the application, the alcoholic goods management agency will issue an alcoholic product wholesale license to those who meet the conditions within 15 working days, report it to the provincial alcoholic product management agency for filing, and provide a written reply to those who do not meet the conditions. Article 11: Liquor production and wholesale licenses shall be uniformly printed by the provincial liquor management agency. No unit or individual may forge, alter, lend, buy, sell or copy. Article 12 Enterprises or individuals engaged in the retail sale of alcoholic products must purchase alcoholic products from enterprises holding alcoholic product production and wholesale licenses and have legal instruments.

Article 13 The following behaviors are prohibited in the production and sale of alcoholic products:

(1) No factory name or factory address, or forging or impersonating other people’s factory names or factory addresses, or no production date or forged production date;< /p>

(2) Forging or impersonating quality marks such as certification marks, famous quality marks, etc.;

(3) Forging other people’s registered trademarks or counterfeiting other people’s registered trademarks;

(4) Adulteration, adulteration, passing off fake products as genuine products, passing off inferior products as good products, and passing off unqualified products as qualified products;

(5) Selling expired or spoiled alcoholic products;

< p>(6) Purchasing alcohol products from enterprises that have not obtained production or wholesale licenses;

(7) Tax evasion and tax resistance. Article 14 If an enterprise or individual that produces or wholesales alcoholic beverages changes its name, location, legal representative, or merges or ceases operations, it shall go to the original issuing unit to go through the procedures for changing or canceling its license and business license within 30 days. . Relevant units should handle the matter within 10 working days. Article 15 When investigating and handling illegal cases of alcoholic products, the alcoholic goods management agency must conduct the investigation with more than two people and present the administrative law enforcement certificate issued by the provincial government. The parties concerned must accept the inspection and must not refuse or obstruct it.

When collecting evidence, the alcohol commodity management agency may adopt a sampling method, or may review account books and other relevant information. In cases where the evidence may be lost or difficult to obtain in the future, with the approval of the person in charge of the investigation and handling agency, it may be registered and preserved in advance, and a decision shall be made within 7 days. During this period, the parties or relevant persons may not destroy or transfer evidence.