Announcement of the Shaanxi Provincial Department of Justice on the consultation of the Regulations on the Administration of Salt in Shaanxi Province (first draft of the revised draft for comments).

In order to further improve the scientific and democratic nature of legislation, broaden the channels for public participation in legislation, widely pool people's wisdom, centralize public opinion and ensure the quality of legislation, the shaanxi Provincial Department of Industry and Information Technology drafted the "Shaanxi Province Salt Management Regulations (the first draft of the revised draft for comments)" published in full, for all sectors of the community for comments, through the following ways to feedback to my Office.
deadline for comments is 26 May 2020.
Address: 50 Yanta District Construction Road, Xi'an City, Shaanxi Province, Shaanxi Provincial Department of Justice Legislative Office 2 POST Code: 710043 Fax Number: 029-87292594 E-mail: jingjilifachu@163.com Shaanxi Provincial Department of Justice, May 11, 2020 Shaanxi Province Salt Management Regulations (Revised Draft No. Chapter 1 General Provisions Article 1 (Legislative Purposes) In order to strengthen the management of the salt industry, ensure the salt franchise, ensure the safety of salt quality and supply safety, in accordance with the Food Safety Law of the People's Republic of China, the Salt Franchise Measures, the Salt Iodization to Eliminate Iodine Deficiency Hazard Management Regulations and other relevant laws and administrative regulations, combined with the actual situation of the province, the formulation of these Regulations.
Regulations shall apply to the operation and management activities of salt production, purchase, sale, storage and transportation within the administrative areas of the province.
Article 3 "Salt Management" The State shall implement salt franchise management.
People's governments at or above the county level shall implement the salt industry regulations and policies, strengthen leadership over salt industry management and salt franchise work, coordinate the handling of major problems in salt industry management, establish and improve the system of information sharing and safety accountability for salt industry management, strengthen the supervision of the salt market, and ensure the quality and supply of salt.
4 (Departmental Responsibilities) The competent department of salt industry at or above the county level shall be responsible for the management of the salt industry and the exclusive work of salt industry within its administrative area.
at or above the county level and shall be responsible for the enforcement of the salt industry in its administrative area, except for the administrative permission for salt.
departments and market regulatory departments at or above the county level shall strengthen communication and close cooperation, exercise their functions and responsibilities in accordance with the division of duties and responsibilities in accordance with the law.
Provincial health administrative departments are responsible for determining the standards of iodine content of salt implemented in the province, monitoring of iodine content of salt and the demarcation of areas lacking iodine, and the administrative department of health at or above the county level is responsible for the health supervision and management of iodized salt and the monitoring and evaluation of iodized salt.
departments in charge of salt industry in the provinces, districts and cities shall be responsible for the salt reserve work of the government at the same level, and the people's governments at the county level may carry out the supplementary salt reserve work of the government according to the actual situation.
departments in charge of development and reform, finance, public security, education and taxation shall, in accordance with their respective responsibilities, do a good job in the management of the salt industry.
article 5 The salt industry organizations established in accordance with the law shall, in accordance with laws, regulations and articles of association, strengthen self-discipline in the industry, establish and improve industry norms and reward and punishment mechanisms, provide information and technical services for the salt industry, and publicize and popularize knowledge of salt safety.
Article 6 "Credit and traceability system construction" The competent department of the provincial salt industry shall, in cooperation with the provincial market supervision department, guide the establishment of a credit management system, and incorporate the credit information of salt-based fixed-point production enterprises and salt-targeted wholesale enterprises and their principals and senior managers into the provincial credit information platform, and publish them regularly.
joint disciplinary measures shall be imposed in accordance with the law on enterprises and individuals who have committed illegal acts of disrepair.
production and wholesale enterprises shall establish an electronic traceability system for salt and ensure effective operation.
Article 7 (Iodized Salt Management) Iodized salt shall be supplied in iodine-deficient areas.
of iodized salt shall be in accordance with the provisions of the provincial health administrative department.
the province's administrative areas in accordance with the orderly supply of uniodized salt sales outlets, non-iodized salt sales outlets may not sell uniodized salt.
people's governments at or above the county level shall take appropriate measures to subsidize the cost of distribution or direct free rations to ensure the supply of qualified iodized salt and the results of the prevention and treatment of iodine deficiency diseases.
8 (Price Determination) The price of salt shall be determined by the operator him or her.
administrative department at or above the county level shall strengthen the daily monitoring of salt prices and prevent abnormal fluctuations in salt prices.
special circumstances, the provincial people's government may, in accordance with the law, take price intervention or other emergency measures to prevent abnormal fluctuations in salt prices.
. Article 9 Health administrative departments at or above the county level shall, in cooperation with the salt industry authorities and market regulatory departments, strengthen the publicity of knowledge related to the elimination of iodine deficiency by iodization of salt, popularize knowledge of salt for safe and hygienic use, and guide citizens in the scientific use of salt.
encourage social organizations and grass-roots mass self-government organizations to carry out activities to promote the elimination of iodine deficiency harming knowledge.
the news media shall carry out public welfare publicity on salt safety and scientific iodine supplementation laws, regulations, as well as salt safety standards and knowledge, and supervise the operation of salt.
Article 10 The salt industry authorities and market regulatory departments at or above the county level shall publish the e-mail addresses or telephone numbers of their departments and accept advice, complaints and reports.
the information of the whistleblower shall be kept confidential and the legitimate rights and interests of the whistleblower shall be protected.
a whistleblower to report the enterprise in which it is located, the enterprise shall not retaliate against the whistleblower by terminating or changing the labor contract or other means.
Article 11 "Separation of government and enterprises" The competent department of salt industry and the salt business enterprise shall be separated from the government and enterprise.
the competent department of salt industry and the market supervision department shall not participate in the operation of salt industry.
Chapter II Salt Production, Purchase and Sale, And Reserve Article 12 The State implements a fixed-point production system for salt.
Provincial Salt Industry Department shall, in accordance with the requirements of unified planning and reasonable layout, approve and determine the salt fixed-point production enterprises, issue certificates of salt-based fixed-point production enterprises, promptly publish to the society the list of salt-based fixed-point production enterprises, and report them to the salt industry department under the State Council for the record.
production enterprises shall produce salt in accordance with the quality standards of salt and shall be responsible for the quality and safety of salt.
Article 13 (Salt Fixed-Point Wholesale System) The State implements a salt-targeted wholesale system.
The competent department of salt industry in the province shall, in accordance with the requirements of unified planning and reasonable layout, approve and determine the salt fixed-point wholesale enterprise, issue the certificate of the salt fixed-point wholesale enterprise, promptly publish to the society the list of salt fixed-point wholesale enterprises, and report it to the salt industry department under the State Council for the record.
units, enterprises and individuals shall not engage in wholesale salt business except the salt-targeted wholesale enterprises.
Article 14 "Salt Sales System" The salt sold by the salt-targeted wholesale enterprises shall meet the quality standards of the salt.
salt-targeted wholesale enterprises shall purchase salt from salt-targeted production enterprises or other salt-targeted wholesale enterprises.
Provincial salt fixed-point wholesale enterprises in addition to the province to carry out salt wholesale sales business, in other provinces (autonomous regions, municipalities directly under the Central Government) to carry out salt wholesale sales business;
units or individuals may not prevent or restrict the sale of salt within the scope prescribed by the State.
Article 15 The people's governments of provinces and districts shall establish a salt reserve system.
the people's governments of conditional counties (cities and districts) to establish supplementary salt reserves.
salt-targeted production enterprises and salt-based wholesale enterprises within their administrative areas shall bear the responsibility for salt reserves of enterprises in accordance with the requirements of the salt reserve system.
the enterprise entrusted with the fixed-point production of salt or the fixed-point wholesale of salt within the administrative area to carry out dynamic storage, the budget at this level shall arrange funds to give loan discount and management fee expenditure support to the salt reserve.
departments at all levels of salt industry shall work with relevant departments to formulate emergency plans for the supply of salt, coordinate and ensure the safety of salt supply in the event of an emergency.
article 16 (Salt Reserve Requirements) The amount of government salt reserves shall not be lower than the monthly salt consumption of the province or city, and the amount of salt reserves of enterprises shall not be lower than the average monthly sales volume of the enterprise under normal circumstances.
Article 17 The transportation and storage of salt shall comply with the food safety requirements prescribed by the State.
prohibits the transport or mixed storage of salt with toxic and harmful substances.
Chapter III Management and Supervision Article 18 (Voucher Management) Salt fixed-point production enterprises shall establish a production and sales record system, and salt fixed-point wholesale enterprises shall issue VAT invoices when wholesale salt, and establish a purchase and sales record system, truthfully record and keep relevant vouchers, records and vouchers shall be kept for a period of not less than two years.
salt retailing units shall purchase salt from the salt-targeted wholesale enterprises and request VAT invoices.
Article 19 (Packaging Label Management) The wholesale salt of a salt-targeted wholesale enterprise shall be in small packaging, with obvious iodized salt marking, iodine content level marking or uniodized salt identification.
low sodium salts should indicate potassium content and inappropriate population.
on the salt packaging shall comply with the relevant provisions of the food label.
packaging and marking of non-edible salts shall be significantly different from salt.
Article 20 "Certificate Management" prohibits the forgery, alteration, resold, leased, loaned or other means transfer of the certificate of a salt-based production enterprise or a certificate of a salt-targeted wholesale enterprise.
Article 21 Prohibited management of salt sales prohibits the sale of the following products as salt: (1) liquid salt (containing natural brine) ;( ii) industrial salt, sodium chloride and other non-edible salts with feed additives;
Article 22 (Industrial Salt No Flow into the Salt Market Management) Prohibits Industrial Salt From Entering the Salt Market.
and wholesale enterprises shall establish production and sales records, keep complete production and sales records, and prevent the flow of industrial salt into the salt market.
for industrial salts shall be clearly marked with industrial salts and marked as not edible.
Article 23 "Dynamic supervision of production and operation" Enterprises engaged in salt-based production and salt-based wholesale within the administrative area (including cross-regional operating enterprises) shall report the production and operation of the salt industry in accordance with the requirements of the competent department of the provincial salt industry.
cross-regional enterprises enter the province to operate salt business, they shall inform the provincial and local salt industry authorities of relevant information, provide supporting materials, and handle information changes in a timely manner.
Chapter IV Legal Liability Article 24 If there are any of the following circumstances, the market regulatory department at or above the county level shall confiscate the salt and illegal income from illegal production and operation.
If the value of salt goods in illegal production and operation is less than 10,000 yuan, a fine of not more than 50,000 yuan may be imposed; if the value of the goods is more than 10,000 yuan, and if the value of the goods is more than five times that of ten times; if the circumstances seriously constitute a crime, criminal liability shall be investigated according to law: (1) the production of salt by a non-salt fixed-point production enterprise; and (2) a non-salt fixed-point wholesale enterprise shall be liable to carry out salt wholesale business.
article 25 (Legal Liability) In one of the following cases, the market regulatory department at or above the county level shall confiscate the illegal proceeds and the salt produced and operated illegally; if the value of the salt goods in the illegal production and operation is less than 10,000 yuan, he shall be fined not less than 50,000 yuan and not more than 100,000 yuan; and if the value of the goods is more than 10,000 yuan, the value of the goods shall be also the value of the goods. A fine of more than ten times or twenty times; if the circumstances are serious, the competent department of salt industry at or above the county level shall request the competent department of salt industry of the province to revoke the certificate of the salt-targeted production enterprise or the certificate of the salt-targeted wholesale enterprise; if the crime is constituted, criminal responsibility shall be investigated according to law: (1) the production of salt that does not meet the quality standards of salt; and (2) the sale of salt that does not meet the quality standards of salt.
article 26 (Legal Liability) If a salt fixed-point production or wholesale enterprise (including a cross-regional operating enterprise) fails to report its production and operation to the salt industry authorities, and the cross-regional operating enterprise fails to inform the salt industry authorities of the information, the salt industry department shall issue a written warning and order the rectification, refuse to rectify it, and shall be incorporated into the salt industry credit system for joint disciplinary action.
article 27 If the certificate of salt fixed-point production enterprise or the certificate of salt fixed-point wholesale enterprise is illegally transferred by other means, the competent department of salt industry at or above the county level shall give a written warning and order the correction within a time limit; if the salt industry department at or above the county level refuses to make correction within the time limit, the competent department of salt industry at or above the county level shall request the competent department of salt industry to revoke the certificate of salt fixed-point production enterprise or the certificate of salt fixed-point wholesale enterprise.
Article 28 (Legal Liability) In violation of the provisions of these Regulations, the salt-targeted wholesale enterprise has not issued VAT invoices to salt retail outlets or end-users, and the market regulatory authorities at or above the county level shall confiscate the salt and illegal income from illegal operations.
If the value of the salt goods illegally operated is less than 10,000 yuan, a fine of not more than 50,000 yuan may be imposed; if the value of the goods is more than 10,000 yuan, and the value of the goods is more than five times the value of the fine of less than ten times; if the circumstances are serious, the competent department of salt industry at or above the county level shall request the competent department of salt industry of the province to revoke the certificate of the salt-targeted wholesale enterprise.
article 29 If one of the following circumstances occurs, the market regulatory department at or above the county level shall order the correction and confiscate the salt purchased illegally, and may be punished with a fine of not more than three times the value of the salt purchased illegally: (1) the salt-targeted wholesale enterprise shall purchase salt from units or individuals other than the salt-targeted production enterprises or individuals;
article 30 If, in violation of the provisions of these Regulations, an uniodized salt sales outlet sells uniodized salt, the market regulatory department at or above the county level shall confiscate the illegal salt products and illegal proceeds it operates, and may also be fined less than three times the value of the salt product;
article 31 If the contents of the label marking on the salt packaging do not conform to the provisions of the Food Safety Law of the People's Republic of China, the market regulatory department at or above the county level shall punish it in accordance with the relevant provisions; if the circumstances are serious, the salt industry department at or above the commercial county level shall request the provincial salt industry department to revoke the certificate of the salt-targeted production enterprise or the certificate of the salt-targeted wholesale enterprise.
packaging and labeling of salts for industrial use and other salts without a "no food" prompt,