Notice of the Office of the Wuxi Municipal People's Government on Printing and Issuing the Management Measures for the Disposal of the Grain that Exceeds the Standard in Wuxi
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Index No.

014006438/2017-00100

Creation date

2017-06-14

Issuing date

2017-06-15

Document No.

Xi Zheng Gui [2017] No.1

Limit of publicity

Long term

Issuing department

the Wuxi Municipal People's Government

Forms of publicity

On websites

Mode of publicity

Initiative publicity

Range of publicity

The whole society

Period of validity

Long term

Procedures of publicity

Publicity after being drafted by the department and approved by relevant offices

Theme (the 1st level)

Agriculture, forestry, water conservancy—agriculture, forestry, animal husbandry, Fisheries

Type

Notice

Key words

Grain, measures, notice

File download

Content summary

In order to standardize the management and disposition of the grain that exceeds the standard, implement the responsibility of supervision and management of the grain that exceeds the standard, and ensure the grain quality and safety, according to the Food Safety Law of the People's Republic of China, Law of the People's Republic of China on Quality and Safety of Agricultural Products, Regulation on the Administration of Grain Circulation and Safety Regulations on Grain and Oil Circulation in Wuxi and other laws and regulations, combine with the reality of Wuxi, now formulate this measure.

 

Notice of the Office of the Wuxi Municipal People's Government on Printing and Issuing the Management Measures for the Disposal of the Grain that Exceeds the Standard in Wuxi 

 

Xi Zheng Gui [2017] No.1

 

All city (county) and district people's governments, municipal committees, offices, bureaus and subordinated units,

 

The Management Measures for the Disposal of the Grain that Exceeds the Standard in Wuxi have been examined and approved at the 7th Executive Meeting of the Wuxi Municipal People's Government and are hereby issued to you, and please earnestly implement.

 

Wuxi Municipal People's Government

 

June 13, 2017

 

Management Measures for the Disposal of the Grain that Exceeds the Standard in Wuxi

 

Chapter I General Provisions

 

Article 1 In order to standardize the management and disposition of the grain that exceeds the standard, implement the responsibility of supervision and management of the grain that exceeds the standard, and ensure the grain quality and safety, according to the Food Safety Law of the People's Republic of China, Law of the People's Republic of China on Quality and Safety of Agricultural Products, Regulation on the Administration of Grain Circulation and Safety Regulations on Grain and Oil Circulation in Wuxi and other laws and regulations, combine with the reality of Wuxi, now formulate this measure. 

 

Article 2 Risk monitoring, acquisition and storage, sale and transformation and related management activities of the grain that exceeds the standard in the administrative areas of Wuxi are applicable to this measure.

 

The grain that exceeds the standard, mentioned in this measure refers to the local production rice, wheat and other unprocessed grain, whose food safety indicators do not meet the national standards and affect the edible safety because of the heavy metal, fungaltoxin, pesticides residues and other harmful substances pollution and so on in the process of growth and harvest.

 

Article 3 The disposal of the grain that exceeds the standard shall adhere to the principles of government leading, fixed-point purchasing, classified storage, directional sales and full supervision.

 

Article 4 People's governments at all levels should fulfill the main responsibility for grain safety, strengthen the leadership of disposal of the grain that exceeds the standard, improve the coordination mechanism for the disposal of the grain that exceeds the standard, and ensure the quality and safety of the grain.

 

City, city (county), and the district people's governments shall establish a coordination group for the disposal of the grain that exceeds the standard, which is formed by the relevant governmental departments including grain, agriculture, food and drug administration, environmental protection, finance, health and so on, timely coordinate and solve major problems in the disposal of grain that exceeds the standard.

 

Article 5 Grain administrative departments in charge of the city, city (country) and district are responsible for the supervision and management for the acquisition, storage, sales and transformation of the grain that exceeds the standard in their own administrative region in accordance with the division of the work, organize to implement the fixed-point purchase and storage, directional sales transformation, and other management systems of the grain that exceeds the standard.

 

The agricultural department shall be responsible for the supervision and management of grain planting procedures, normalize the use of pesticides and inputs, promote scientific planting techniques, and reduce or avoid the exceeding of the standard of the grain from the source.

 

The food and drug administration is responsible for the supervision and administration of food production and operation activities, and urges the food producers and operators to implement the food stock inspection system.

 

The environmental protection department is responsible for the supervision and management of the harmless disposal link [anchor point] and environmental protection of the grain that exceeds the standard and its by-product, residue and other waste.

 

Financial, health and other departments shall be in accordance with their respective responsibilities, work together to do a good job of supervision and management of the grain that exceeds the standard.

 

Article 6 Agricultural Development Bank is responsible for the examination, appropriation and management of the required credit funds for the government to directionally purchase the grain that exceeds the standard.

 

Grain operators shall implement the grain quality and safety system, strictly implement all the provisions on the disposal of the grain that exceeds the standard, and ensure the quality and safety of grain.

 

Chapter II The monitoring and the response of disposing of the grain that exceeds the standard

 

Article 7 Implement risk monitoring system for the grain that exceeds the standard. The agricultural department shall strengthen the risk monitoring of the grain that exceeds the standard in the grain planting links, and the grain department shall strengthen the risk monitoring of the grain that exceeds the standard in the purchase and storage links.

 

Article 8 Risk monitoring of the grain that exceeds the standard mainly includes the following contents:

 

i Quality grade, internal quality, moisture content, bud, mildew and other situations;

 

ii The used pharmaceutical residues, fungaltoxin, heavy metal situation in the process of grain production and storage;

 

iii The pollution of other harmful substances.

 

Article 9 Agriculture, grain and other departments shall establish information sharing and information notification mechanisms, and timely notify the risk monitoring information of the grain quality and safety; Report to the people's government at the corresponding level and the superior competent administrative department if find the grain that exceeds the standard.

 

Article 10 When the regional over standard grain occurs, the city (county), district grain disposal coordination group of the region where the situation occurs shall immediately start the response plan for the disposal of the grain that exceeds the standard at the corresponding level.

 

When the over standard grain occurs in the whole city, the municipal grain disposal coordination group shall immediately start the response plan for the disposal of the grain that exceeds the standard at the corresponding level. 

 

Chapter III  The purchase and storage management of the grain that exceeds the standard

 

Article 11  After the launching of the response pre-arranged planning of the disposal of the grain that exceeds the standard, the people's government of where the grain that exceeds the standard occurs shall combine with the pollution category and the harm degree of the grain that exceeds the standard in the administrative region to define the specific implementation plan of the disposal of the grain that exceeds the standard, and clear the territory of the acquisition, executive time, acquisition modes, quality standard, acquisition price, subsidy standard and other content.

 

Article 12 Implement the fixed-point purchase and storage system of the grain that exceeds the standard. The storage warehouse or the repository point (hereinafter referred to as the fixed-point acquisition and storage depot point) of the fixed-point purchase shall be opened to the society after being confirmed by the administrative competent department of grain where the grain exceeds the standard, and report to the coordination group for the disposal of the grain that exceeds the standard at the corresponding level for the record.

 

Article 13 The fixed-point acquisition and storage depot point shall meet the following conditions:

 

i Strictly enforce national laws, regulations and policies of grain acquisition, and have no bad credit records;

 

ii Be equipped with storage facilities, technical processing capacity and management ability which is matched with the size of storage;

 

iii Be equipped with the effective storage capacity which is matched with the expected acquisition quantity of grain that exceeds the standard in the region;

 

Own the inspection equipments, conditions and personnel that are compatible with the acquisition and storage business;

 

v Other relevant provisions in line with the grain acquisition policy.

 

Article 14 The grain administrative competent department shall in conjunction with the Agricultural Development Bank, check and accept the quantity and quality of the purchased grain that exceeds the standard, and submit the acceptance result to the people's government at the corresponding level.

 

The quality inspection work in the acceptance of the grain that exceeds the standard shall be conducted by a testing institution with corresponding qualifications.

 

Article 15 The inspection institutions have confidential obligations to the test data, and cannot public the inspection data of the grain that exceeds the standard without the consent of the entrusting party.

 

Article 16 The fixed-point acquisition and storage sites shall be in accordance with the degree of the grain that exceeds the standard or the level of the pollutant content to unite the grain in separated warehouse, store in the special warehouse, record in the special account, take care by the specially-assigned person.

 

The fixed-point acquisition and storage sites shall establish the management file for the grain that exceeds the standard, and make a detailed record of sampling, inspection, storage and other information.

 

The period of storage of archives management materials shall be no less than 5 years since the delivery date of the grain that exceeds the standard.

 

Chapter IV Sales and transformation management of the grain that exceeds the standard

 

Article 17 Implement directional sales system for the grain that exceeds the standard. The administrative departments in charge of grain in the areas where grain that exceeds the standard shall be in light of the market conditions to choose directional bidding sale or directional self selling and other sale modes, and report to the people's governments at the corresponding levels for approval before they are put into effect.

 

Article 18 Implement sales reporting system for the grain that exceeds the standard. When the delivery of the grain that exceeds the standard for the directional sales, the fixed-point acquisition and storage sites shall report the delivery situation to the local grain administrative departments at the same time.

 

The administrative department in charge of grain of where the grain that exceeds the standard has occurred shall promptly notify the sales and delivery situation to the local agricultural development bank, and report the sales flow to the coordination group for the disposal of the grain that exceeds the standard at the same level.

 

Article 19 The grain that exceeds the standard can be sold and transformed after technical treatment according to the following regulations:

 

i The grain can be used as rations after being tested and meets the national food safety standards;

 

ii The grain can be used as fodder after being tested and meets the feed grain standard;

 

iii The grain can be used as non-edible industrial grain after being tested and meets the industrial grain standards;

 

iv The grain after being inspected and has no value shall be disposed by composting, anchor, landfill, incineration and other harmless disposal methods.

 

When carrying out the harmless disposal for the grain that exceeds the standard in the fourth items mentioned above, the administrative department in charge of grain shall inform the harmless disposal scheme to the competent administrative department of environmental protection in advance.

 

Article 20 Implement sales transformation responsibility system for the grain that exceeds the standard. When the sale of the grain that exceeds the standard, the seller must provide quality acceptance reports, and indicate the use of the grain that exceeds the standard in the sales contract (agreement) and invoice, and shall not change the use to sell the grain that exceeds the standard; the buyer must provide the business qualification and processing capacity of evidence, and signed the food safety disposal undertaking to exceed the standard, shall not exceed the processing capacity of grain purchase exceed the standard, exceed the standard of food processing shall not change the purpose of use.

 

The storage period of sales materials of the grain that exceeds the standard shall not be less than 5 years from the date of the delivery of the grain.

 

Chapter V Legal responsibility

 

Article 21 In the process of acquisition, storage, sale and transformation of the grain that exceeds the standard, if anyone violates the relevant provisions of these measures, the relevant administrative departments shall punish him in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

 

Article 22 If the grain that exceeds the standard because of force majeure factors, the disposal fees for the grain that exceeds the standard shall be undertaken by the government.

 

If the grain that exceeds the standard because of pollutant emissions, improper use of pesticides and fertilizers, and other human factors, or non-fixed storage depot purchases grain that exceeds the standard without authorization, disposal cost for the grain that exceeds the standard shall be borne by the responsible person.

 

Article 23 The people's governments at all levels and departments and units which exercise the rights of supervision and management in accordance with the provisions, if they do not perform the duties of these measures in accordance with the provisions, the directly responsible person in charge and the directly responsible person shall be given an administrative sanction; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

 

Chapter VI The supplementary provisions

 

Article 24 These Measures shall be implemented from July 1, 2017.