(Adopted at the 17th meeting of the Standing Committee of the 12th People's Congress of Sichuan Province on July 22nd, 20 15) Article 1 In order to ensure the safety of alcoholic food, protect the public's health and life safety, standardize the production and business activities of alcoholic beverages, and promote the sustained and healthy development of the alcoholic beverage industry, these Regulations are formulated in accordance with the Food Safety Law of People's Republic of China (PRC) and other relevant laws and regulations, and in combination with the actual situation of Sichuan Province.
Article 2 These Regulations shall apply to the production, management, supervision and management of alcohol within the administrative area of Sichuan Province.
Article 3 The term "liquor" as mentioned in these Regulations refers to liquor with an alcohol content (ethanol content) greater than 0.5%vol, including fermented liquor, distilled liquor, mixed liquor and other liquors. However, drugs and health food should be managed according to law.
Article 4 The provincial people's government shall strengthen its leadership over the safety of alcoholic food and industrial development, ensure the safety of public drinking and promote the healthy development of alcoholic industry.
Article 5 The food safety supervision and administration department of the local people's government at or above the county level shall be responsible for the supervision and administration of liquor production and operation.
The local people's governments at or above the county level shall be responsible for the implementation of the development strategy and planning of the liquor industry within their respective administrative areas.
The relevant functional departments of the local people's governments at or above the county level shall be responsible for the supervision and management of liquor production and operation within the scope of their respective duties.
Article 6 Local people's governments at or above the county level shall encourage and support liquor production enterprises to inherit traditional brewing techniques and adopt new technologies and equipment to promote industrial development.
Article 7 Liquor producers and operators shall be responsible for the safety of the alcoholic food they produce and operate, be honest and trustworthy, be strict in self-discipline, and consciously accept social supervision.
Eighth wine industry associations should establish and improve the management mechanism of industry integrity and self-discipline, organize and carry out basic scientific research and popular science propaganda in the wine industry in accordance with the articles of association, and inherit the history and culture of wine; Provide information technology services for alcoholic food safety, and strengthen the education and training of alcoholic food safety knowledge; Promote the construction of industry integrity, improve the function of coordination and self-discipline, and guide and supervise the production and operation of liquor producers and operators according to law. Article 9 Whoever engages in the production and operation of alcohol shall obtain the production and operation license in accordance with the relevant provisions of the Food Safety Law of People's Republic of China (PRC).
Small workshops engaged in the production and processing of alcoholic beverages shall meet the food safety requirements stipulated in the Food Safety Law of People's Republic of China (PRC) that are suitable for the scale and conditions of their production and operation.
Liquor brewed by individuals and families may not be sold.
Article 10 The production and operation of alcohol shall strictly implement the relevant provisions of laws and regulations and national standards for alcohol safety to ensure the safety of alcohol.
Eleventh wine producers should establish a wine food safety inspection system and strengthen wine inspection.
Alcohol producers can set up product quality inspection institutions to inspect the quality of alcoholic food by themselves, or entrust other food inspection institutions that meet the requirements of the Food Safety Law of People's Republic of China (PRC).
Liquor without inspection or unqualified inspection shall not be sold out of the factory.
Article 12 A producer of alcoholic beverages shall establish a record system for the ex-factory inspection of alcoholic beverages, check the ex-factory inspection certificate and safety status, and truthfully record the name, specification, quantity, production date, production batch number, inspection certificate number, sales date, name, address, contact information and other related contents of alcoholic beverages. If there is a shelf life, the shelf life shall be truthfully recorded.
The preservation period of liquor factory inspection records shall not be less than six months after the expiration of liquor shelf life; If there is no clear shelf life, the shelf life shall not be less than two years.
Article 13 Pre-packaged wine shall have labels that comply with laws, regulations and relevant national standards. Liquor producers and operators shall be responsible for the authenticity and legality of liquor labels produced and operated by them, and shall not mislead consumers.
Pre-packaged liquor shall not be falsely marked with ingredients, implementation standards and other contents, and the labels shall be marked with the implementation standards of solid liquor, liquid liquor and solid-liquid liquor.
Vintage wine producers should mark the storage years and proportions of various base wines and flavoring wines in the ingredient list, and keep traceability and inspection data.
Article 14 Small workshops for liquor production and processing shall adopt the solid-state method of pure grain to brew liquor, and it is forbidden to use edible alcohol to process and produce liquor, and it is forbidden to produce prepackaged liquor.
Fifteenth liquor operators should check the supplier's license, factory inspection certificate or other qualified certificates when purchasing liquor, and ask for copies of relevant certificates.
Liquor-handling enterprises shall establish a record system for incoming inspection, truthfully record the name, specification, quantity, production date or production batch number, date of purchase, name, address and contact information of suppliers of alcoholic food, and keep relevant vouchers. If there is a shelf life, the shelf life shall be truthfully recorded.
The storage period of incoming inspection records of alcoholic foods shall not be less than six months after the expiration of the product shelf life; If there is no clear shelf life, the shelf life shall not be less than two years.
Article 16 A business operator dealing in bulk alcoholic food shall sell it at a fixed place of business. It is forbidden to sell bulk liquor on the flow.
Bulk liquor should use closed containers, and the containers should be marked with the implementation standards, producers and production dates of solid liquor, liquid liquor and solid-liquid liquor.
When selling homemade wine, catering service providers shall indicate the names, quantities and brewing dates of wine producers and brewing raw materials on the containers.
Article 17 Imported alcoholic food shall conform to the corresponding national food safety standards. Imported prepackaged alcoholic foods shall have Chinese labels and instructions. Labels and instructions shall indicate the name, address and contact information of the country of origin and domestic agents, in line with the provisions of relevant laws and regulations and the requirements of national food safety standards.
Eighteenth storage and transportation of alcohol should meet the requirements of food safety management, fire control and related safety. Alcohol should be stored away from highly polluting and radioactive substances, and should not be mixed with toxic, harmful and corrosive substances.
Article 19 The following acts are prohibited in the production and operation of alcoholic beverages: (1) Using other non-edible substances such as methanol, non-edible alcohol or food raw materials and food additives beyond the shelf life to produce alcoholic beverages; (two) the use of food additives beyond the scope and limit, or the use of food additives beyond the scope and limit to operate alcoholic foods; (3) Fake the genuine, shoddy, adulterated or pass off unqualified liquor as qualified liquor; (four) the use of toxic and harmful containers, tools and equipment to produce, package, transport and store alcoholic food; (five) the sale of alcoholic food without inspection or unqualified inspection; (6) selling prepackaged alcoholic food produced without a food production license; (seven) other acts prohibited by laws and regulations.
Twentieth prohibit the sale of alcohol to minors.
Liquor operators should set up signs in a prominent position not to sell alcohol to minors. Twenty-first provincial people's government may, according to the industrial distribution and different ecological regions, establish well-known brand liquor food protection zones and strengthen the protection and management of the ecological environment around well-known brand liquor enterprises.
Article 22 The relevant departments of the provincial people's government shall carry out the construction and protection of special signs for well-known liquor brands and geographical indication products, and strengthen the cultivation and certification of related brands such as "Sichuan Famous Trademarks", "Famous Brand Products" and "Sichuan Time-honored Brands".
Twenty-third local people's governments at or above the county level shall strengthen the cultivation and protection of intellectual property rights such as trademarks, patents and geographical indications of alcoholic foods, and encourage alcoholic producers and operators to implement the trademark strategy.
The local people's governments at or above the county level shall strengthen the protection of traditional brewing pits and their surrounding ecological environment with cultural relics value within their respective administrative areas, improve the traditional brewing technology of liquor, and strengthen the protection of representative inheritors.
Twenty-fourth encourage liquor production enterprises to apply for the use of registered trademarks of geographical indication products, special signs and patterns.
Article 25 An alcoholic production enterprise that is allowed to use the special mark qualification of alcoholic geographical indication products shall organize production according to the geographical indication product standards, and ensure that the raw materials, production technology and product quality meet the quality standards of alcoholic geographical indication products, and the grade mark shall be consistent with the physical mark.
Article 26 Products applying for the protection of special marks for alcoholic geographical indication products shall meet the requirements of safety, hygiene and environmental protection, and products that may cause harm to the environment, ecology and resources shall not use special marks for alcoholic geographical indication products.
Twenty-seventh wine industry associations should strengthen the management of the member units of the association, formulate specific production technology management systems and operational norms, and cooperate with relevant government departments to carry out policy formulation, market supervision, brand marketing and industrial upgrading. Article 28 The food safety supervision and management department of the local people's government at or above the county level shall strengthen the capacity building of law enforcement, establish and improve the supervision and management system, improve the supervision and inspection mechanism, urge and guide liquor producers and operators to implement the main responsibility of food safety production and operation, and establish a traceability system for liquor food safety.
Article 29 The food safety supervision and management department shall establish a supervision and inspection system for alcoholic food safety, conduct supervision and inspection and sampling inspection on alcoholic food safety on a regular basis, and promptly investigate and deal with alcoholic food that does not meet the national standards for alcoholic food safety and other violations of alcoholic food safety.
Thirtieth food safety supervision and management departments of local people's governments at or above the county level shall establish and publish food safety credit files of liquor producers and operators, and record the licensing situation, the results of daily supervision and inspection, and the investigation and punishment of illegal acts. Increase the frequency of supervision and inspection of liquor producers and operators with bad credit records.
Article 31 The food safety supervision and administration department of the local people's government at or above the county level has the right to take the following measures to supervise and inspect the compliance of producers and business operators with these Regulations: (1) To enter the production and business premises for on-site inspection; (two) sampling inspection of liquor production and operation; (three) to consult and copy the relevant contracts, documents, account books and other relevant materials; (4) sealing up and detaining foods, food additives and food-related products that are used for illegal production and operation and have evidence to prove that they do not meet food safety standards or have potential safety hazards; (five) to seal up places that illegally engage in alcohol production and business activities.
Liquor producers and operators shall accept supervision and inspection, truthfully provide relevant information, and shall not refuse or obstruct the inspection.
Article 32 The food safety supervision and administration department of the local people's government at or above the county level and other relevant administrative departments shall perform their duties of supervision and administration of alcoholic food according to the statutory authority and procedures, strengthen cooperation, and establish and improve the information sharing mechanism of supervision and administration and law enforcement.
Article 33 The quality supervision and management departments, industrial and commercial administration departments and intellectual property protection departments of local people's governments at or above the county level shall, according to their respective functions and duties, be responsible for the supervision and management of alcoholic geographical indication products within their respective administrative areas, and investigate and deal with infringements such as counterfeiting and fraudulent use of special signs, patents and trademarks of alcoholic geographical indication products according to law.
Thirty-fourth relevant functional departments of local people's governments at or above the county level shall establish a system of complaints, reports and rewards for illegal acts in liquor production and operation, and handle complaints and reports in a timely manner; If it is verified, it will be rewarded and kept confidential.
Article 35 When conducting supervision and inspection, law enforcement officers shall not abuse their powers, neglect their duties, engage in malpractices for selfish ends, ask for or accept the property of the parties concerned, or disclose the business secrets of the units and individuals under inspection. Thirty-sixth in violation of the provisions of this Ordinance, the existing provisions of laws and regulations, from its provisions.
Article 37 Whoever, in violation of the third paragraph of Article 9 of these regulations, sells liquor brewed by individuals or families shall be ordered by the food safety supervision and administration department of the local people's government at or above the county level to make corrections within a time limit and given a warning; If no correction is made within the time limit, the illegal income and illegal production and operation of alcohol shall be confiscated, and a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed.
Article 38 In violation of the provisions of the third paragraph of Article 13 of these regulations, if the storage years and proportions of various base wines and flavoring wines are not indicated in the ingredient list, and the information is kept for traceability and inspection, the food safety supervision and administration department of the local people's government at or above the county level shall order it to make corrections and give it a warning; If the value of liquor illegally produced and operated is less than 1 10,000 yuan, a fine ranging from 5,000 yuan to 50,000 yuan may be imposed; If the value of the goods is more than 10,000 yuan, a fine of more than five times and less than ten times the value of the goods may be imposed; If the circumstances are serious, the alcohol illegally produced and operated shall be confiscated.
Article 39 Whoever, in violation of Article 14 of these regulations, uses edible alcohol to process and produce alcoholic beverages or prepackaged alcoholic beverages, the food safety supervision and administration department of the local people's government at or above the county level shall confiscate the illegal income, alcoholic beverages illegally produced and operated, and tools, equipment, raw materials and other articles used for illegal production and operation; If the value of illegally produced liquor is less than 1 10,000 yuan, a fine of more than 5,000 yuan and less than 50,000 yuan may be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than five times and less than ten times the value of the goods may be imposed.
Fortieth in violation of the provisions of the first paragraph of Article 16 of these regulations, the food safety supervision and administration department of the local people's government at or above the county level shall order it to make corrections and give a warning; If the value of illegal liquor business is less than 1 10,000 yuan, a fine ranging from 2,000 yuan to 30,000 yuan may be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than three times and less than ten times the value of the goods may be imposed.
In violation of the provisions of the second and third paragraphs of Article 16 of these regulations, if the containers and labels of bulk liquor and soaked wine do not meet the requirements, the food safety supervision and administration department of the local people's government at or above the county level shall order it to make corrections within a time limit and give it a warning; Refuses to correct, and the value of illegal production and operation is less than 1 10,000 yuan, and a fine of more than 2,000 yuan and less than 30,000 yuan shall be imposed; If the value of the goods is more than 10 thousand yuan, a fine of more than three times and less than ten times the value of the goods shall be imposed.
Forty-first in violation of the provisions of article eighteenth of these regulations, the food safety supervision and administration department of the local people's government at or above the county level shall, according to their respective duties, order it to make corrections and give a warning; Refuses to correct, shall be ordered to stop production and business, and impose a fine of ten thousand yuan and fifty thousand yuan; If the circumstances are serious, the license shall be revoked.
Article 42 Whoever, in violation of the provisions of Item 6 of Article 19 of these Regulations, sells prepackaged alcoholic food produced without obtaining a food production license shall be ordered by the food safety supervision and administration department of the local people's government at or above the county level to make corrections, and shall also be fined between RMB 1000 and RMB 30,000.
Article 43 Whoever, in violation of the provisions of the first paragraph of Article 20 of these regulations, sells alcohol to minors shall be ordered by the food supervision and administration department of the local people's government at or above the county level to make corrections and be fined between 1,000 yuan and 10,000 yuan.
In violation of the provisions of the second paragraph of Article 20 of these regulations, the food safety supervision and administration department of the local people's government at or above the county level shall order it to make corrections within a time limit without setting a sign in a prominent position; If no correction is made within the time limit, a fine of not less than five hundred yuan but not more than one thousand yuan shall be imposed. Article 44 Small workshops for liquor production and processing refer to liquor producers who have basic production conditions and fixed production sites, but have small production and processing scale, few employees and poor production and operation conditions, and cannot obtain production licenses in accordance with the Food Safety Law of People's Republic of China (PRC).
Article 45 The liquor operators mentioned in these Regulations include liquor sellers and catering service providers.
Article 46 These Regulations shall come into force as of 20 15, 10 and 1.