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Administrative Regulations of
Shenzhen Special Economic Zone on Alcoholic Drinks
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£¨Originally adopted at the
twenty-fourth meeting of first session of the Standing Committee
of Shenzhen
Municipal People' s
Congress on August 4,1994. As revised for the first time in
accordance with the Decision on Revision of Administrative
Regulations of Shenzhen Special Economic Zone on Alcoholic
Drinks of the twentieth meeting of the second session of the
Standing Committee of Shenzhen Municipal People' s Congress on May 15,
1998. As revised for the second time in accordance with the Decision
on Revision of Administrative Regulations of Shenzhen Special
Economic Zone on Alcoholic
Drinks of the fifteenth meeting
of the third session of the Standing Committee of Shenzhen
Municipal People' s Congress on April 26, 2002.£©
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Chapter I General Provisions
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Article
1 In order to strengthen the
administration of production and circulation of alcoholic drinks
of Shenzhen
Special Economic Zone (hereinafter referred to as
"Special Zone"), to maintain the order of alcoholic
drink market, and to protect the lawful rights and interests of
consumers, these regulations are
hereby formulated in light of
the specific conditions of the Special Zone.
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Article
2
Natural persons, legal persons, and economic organizations
without legal personality shall comply
with these regulations to
undertake the production or circulation of alcoholic drinks in
the Special
Zone.
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Article
3 "Alcoholic
drinks" referred to in these regulations includes all kinds
of distillate
spirits, yellow wines, beers, fruit spirits, other
wines, and drinks containing edible alcohols and edible
alcohols.
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Article
4 The administrative
department in charge of alcoholic drinks (hereinafter referred
to as "Competent
Authorities") of Shenzhen Municipal
People's Government (hereinafter referred to as "Municipal
Government") shall administrate production and circulation
of alcoholic drinks within the Special
Zone in accordance with
these regulations.
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The
administrative departments of the Municipal Government in charge
of industry and commerce, technical
supervision, trade, and
health shall assist the Competent Authorities in the
administration of
production and circulation of alcoholic drinks
ex officio.
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Article
5 The production, wholesale,
retail, and transport of alcoholic drinks shall be subjected to
the
license system.
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Article
6 Alcoholic drink enterprises
shall pay taxes according to law.
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Article
7 Alcoholic drink enterprises may
establish trade association. Powers and duties of the trade
association
and its members are to be defined by its
constitution.
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The
Competent Authorities shall implement direction and supervision
over the work of the trade association.
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Chapter II Administration of Alcoholic Drinks
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Article
8 To manufacture alcoholic drink,
the manufacturers shall hold the alcoholic drink manufacture
license.
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Natural
persons and economic organizations without legal personality
shall not undertake the production
of alcoholic drinks.
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The
alcoholic drink manufacture license shall be strictly prohibited
from being altered, forged,
lent, leased or traded.
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Article
9 To obtain an alcoholic
drink manufacture license, the applicant shall file a written
application
to the Competent Authorities, and shall meet the
following requirements:
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(1)
It shall comply with the industrial policies of the Special
Zone;
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(2)
It shall have the production conditions that can guarantee the
quality of alcoholic drinks;
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(3)
It shall have obtained the authorization document from the
administrative department in charge
of technical supervision;
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(4)
It shall have obtained the authorization document from the
administrative department in charge
of health;
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(5)
It shall have obtained the authorization document from the
administrative department in charge
of environmental protection;
and
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(6)
It shall meet other conditions provided by laws, regulations and
rules.
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If
the applicant meets the requirements listed in the preceding
paragraph, the Competent Authorities
shall issue an alcoholic
drink manufacture license within 30 days upon the date receiving
the application.
If the applicant fails to meet such conditions,
no License shall be issued, and a written reply shall be made to
the applicant.
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Article
10 The one who holds an
alcoholic drink manufacture license shall not manufacture
alcoholic drinks
until it been registered as a legal person by
the municipal government industrial and commercial
administration department.
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Article
11 The alcoholic drink
manufacturers shall strictly control the quality of products in
accordance with
relevant laws and regulations.
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Alcoholic
drinks shall pass the sanitation, quality inspection and the
metrological verification,
meet the quality standards, and shall
not involve in unreasonable dangers that are harmful to personal
health and personal safety.
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Article
12 The quality of water used
to manufacture alcoholic drinks must meet the sanitary standards
of the drinking water. The alcoholic basis or edible alcohol
used to make alcoholic drinks must meet the national
standards.
Additives used must meet the sanitary standards for food
additives.
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Inedible
alcohol, raw materials and additives shall be prohibited from
being used to manufacture
alcoholic drinks.
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Any
units and individuals shall not sell alcoholic cordials or
healthcare wines confected by themselves.
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Article
13 Labels for ex-factory
alcoholic drinks shall indicate factory names, factory
addresses, date
of manufacture, quality standards applied, major
ingredients, contents, warranty period, alcohol contents, and
registered trademarks. Where expiration date of alcoholic drink
is required to be indicated by the
state, it shall be indicated
on the conspicuous places. Where symbol for high-quality
alcoholic
drink is used, the title, grade, award authorities and
date of the award obtained shall be indicated. Descriptions
of
alcoholic products shall not comprise exaggerated or false
contents.
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Article
14 It shall be strictly
prohibited that anyone manufacture fake and inferior alcoholic
drinks.
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Chapter III Administration on Circulation of
Alcoholic Drinks
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Article 15 In these regulations, "circulation of alcoholic
drinks" means wholesale, retail, and transport of
alcoholic
drinks.
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Article
16 To undertake alcoholic drink
wholesale business, the wholesaler must hold the alcoholic drink
wholesale
license.
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Natural
persons shall not undertake wholesale of alcoholic drinks.
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Article
17 To obtain an alcoholic
drink wholesale license, the applicant shall file a written
application
to the Competent Authorities, and shall meet the
following requirements:
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(1)
Having the business license of legal person or business license;
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(2)
Having proper registered capital;
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(3)
Having monopolistic trading right of relevant alcoholic drinks;
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(4)
Having sound management systems and professionals familiar with
knowledge in alcoholic drinks;
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(5)
Having storage facilities that satisfy the sanitation and fire
fighting requirements; and
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(6)
Other conditions stipulated by laws, regulations and rules.
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In
case the applicant meets the requirements listed in the
preceding paragraph, the Competent Authorities
shall issue an
alcoholic drink wholesale license within 15 days upon the date
receiving the application.
In case the applicant fails to meet
such conditions, no license shall be issued, and a written reply
shall be made to the applicant.
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Article
18 Anyone
holds an alcoholic drink wholesale license shall go through
enterprise registration procedure
before the municipal
government industrial and commercial administration department
with such license.
Any registered enterprise that desires to
extend its business scope to undertake wholesale of alcoholic
drinks shall go through formalities for modifying the enterprise
registration before the municipal government
industrial and
commercial administration department with such license.
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Article
19 Any wholesaler engaging in
wholesale of self-manufactured alcoholic drinks and single
wholesale
business shall not undertake wholesale of alcoholic
drinks beyond the business scope rectified by the Competent
Authorities.
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Article
20 Any alcoholic drink
manufacturer shall not undertake wholesale of alcoholic drinks
to anyone without
alcoholic drink wholesale license. Alcoholic
drink retailers shall not purchase alcoholic drinks from anyone
without alcoholic drink manufacture license or alcoholic drink
wholesale license.
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Article
21 To undertake alcoholic drink
retail business, the retailer must hold the alcoholic drink
retail
license.
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To
obtain an alcoholic drink retail license, the applicant shall
file a written application to the
Competent Authorities, and
shall meet the following conditions:
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(1)
Having the business license of legal person or business license;
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(2)
Having proper registered capital;
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(3)
Having the sanitary license;
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(4)
Having professionals familiar with knowledge in alcoholic
drinks;
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(5)
Satisfying requirements on establishing business departments;
and
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(6)
Other conditions stipulated by laws, regulations and rules.
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In
case the applicant meets the conditions specified by paragraph 2
of this article, the Competent
Authorities shall issue an
alcoholic drink retail license within 15 days upon the date
receiving
the application. In case the applicant fails to meet
such conditions, no License shall be issued, but the written
reply shall be made to the applicant.
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Article
22 The physicochemical
identification, visual inspection and sanction conclusions drawn
by the
Competent Authorities for alcoholic drinks shall have
legal effect.
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Article
23 The confiscated alcoholic
drinks shall be turned over to the Competent Authorities for
identification
and disposed of according to relevant provisions.
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Article
24 The imported alcoholic drinks
shall be affixed with sanction labels by the health quarantine
authorities
and the administrative department in charge of
technical supervision of the Municipal Government. The
confiscated imported alcoholic drinks, if meeting the food
sanitary standards, shall be affixed uniform sanction
labels
thereon before being sold by the Competent Authorities.
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Article
25 Anyone who desires to transport
alcoholic drinks out of the Special Zone shall obtain the
alcoholic
drink transport license from the Competent
Authorities. The transport operators shall not transport
alcoholic drinks in case the consignor has no transport license.
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The
alcoholic drink transport license is the one-off license.
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To
apply for an alcoholic drink transport license, the applicant
shall meet the following requirements:
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(1)
Having the valid alcoholic drink wholesale license; and
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(2)
Having purchase invoice or consignment voucher.
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Article
26 Alcoholic drinks transport into the Special Zone shall not be sold unless
they have passed selective inspection implemented
by the
Competent Authorities' and been affixed with identical labels.
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Article 27 To hold expositions or fairs for alcoholic drinks, the
undertakers and exhibitors shall be examined by the Competent
Authorities.
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Article
28 Advertisements for spirits by
all kinds of means shall be prohibited.
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Article
29 Sales of alcoholic drinks
to minors shall be prohibited.
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Article
30 Wholesale, retail and transport
of fake and inferior alcoholic drinks shall be strictly
prohibited.
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Article
31 Wholesale, retail and transport license of alcoholic drink shall be
strictly prohibited from being altered, forged, lent, leased,
or
traded.
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Chapter IV Punishment Provisions
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Article 32 Anyone
shall be ordered to stop unlawful practice, be confiscated
articles involved therein and
illegal gains, and be imposed a
fine of double of the value of articles involved therein by the
Competent Authorities, the industrial and commercial
administration department or the administrative department
in
charge of technical supervision of the Municipal Government ex
officio, in case it violates
the provisions of these regulations
committing one of the following acts:
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(1)
In violation of the provisions of Article 11, or Item (3) of
Article 12 of these regulations,
making alcoholic drinks
unqualified or endangered to the human health and safety;
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(2)
In violation of the provisions of Article 13 of these
regulations, failing to indicate the prescribed
labels;
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(3)
In violation of the provisions of Article 20 of these
regulations;
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(4)
In violation of the provisions of Article 23 of these
regulations, disposing of the confiscated
alcoholic drinks
without authorization;
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(5)
In violation of the provisions of Article 24 of these
regulations, engaging in the wholesale
or retail of imported
alcoholic drinks without sanction labels; or
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(6)
In violation of the provisions of paragraph I of Article 26 or
Article 27 of these regulations.
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Article
33 Anyone shall be ordered to stop
unlawful practice, be confiscated articles involved therein and
illegal gains, and be imposed a fine of five times of the value
of articles involved therein by the Competent Authorities
and
relevant administrative department ex officio, in case it
violates the provisions of these
regulations committing one of
the following acts:
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(1)
In violation of the provisions of Article 8, Article 16, or
paragraph I of Article 21 of these
regulations, engaging in
production, wholesale, or retail of alcoholic drinks without any
license;
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(2)
In violation of the provisions of Article 10 or Article 18 of
these regulations, engaging in
production or wholesale of
alcoholic drinks without registration;
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(3)
In violation of the provisions of paragraph II of Article 12 or
Article 14 of these regulations,
manufacturing counterfeit, fake
and inferior alcoholic drinks; or
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(4)
In violation of the provisions of Article 31 of these
regulations, engaging in the wholesale,
retail, or transport
fake and inferior alcoholic drinks.
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Article
34 Anyone shall be
concurrently revoked of the licenses in case it violates the
provisions of
Article 33 and Article 34 of these regulations
seriously committing unlawful practices.
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Article
35 Where manufacturers and
business operators fail to meet the conditions specified in Item
(2), Item
(3), and Item (4) of paragraph 1 of Article 9 of these
regulations in the course of production of alcoholic drinks,
or
fail to meet the conditions specified in Item (1), Item (2),
Item (3), and Item (4) of paragraph
1 of Article 17 in the
course of wholesale of alcoholic drinks, the Competent
Authorities may order
them to stop production or wholesale
activities, and make rectifications within specified time
limits. The Competent Authorities shall not allow them to carry
over production or wholesale unless they have passed
examination
and proved to be qualified by the them and relevant
administrative departments in charge.
In case they are still
unqualified through rectifications, the Competent Authorities
shall revoke
their alcoholic drink production or wholesale
license.
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Article
36 Any manufacturer shall be
revoked of its sanitary license by the municipal government
administrative
department in charge of health ex officio in case
it violates paragraph 1 of Article 12 of these regulations.
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Article
37 Anyone shall be confiscated of its articles
involved therein and illegal gains and be
imposed a fine of double of the value of the production or
sales, or RMB 30,000 by the Competent
Authorities, in case it
violates the provisions of paragraph 3 of Article 8 and Article
32 of these regulations.
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Article 38 Anyone shall be confiscated of its illegal
gains and be imposed a fine of more than RMB 5,000 but less than
RMB 20,000 by Competent Authorities in case it violates
the provision s of Article 28 or Article 29 of these
regulations.
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Article
39 Anyone shall be
confiscated of its illegal gains and be imposed a fine of more
than RMB 500 but less than
RMB 1,000 by Competent Authorities in
case it violates the provisions of Article 30 of these
regulations.
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Article 40 The relevant administrative departments of
the Municipal Government shall assist the Competent Authorities
in investigating and handling acts that in violation of the
provisions of these regulations ex officio.
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Where
two or more administrative departments have jurisdiction over an
unlawful practice, the one
that places the case on file earlier
shall investigate and handle this case; No repeated punishments
shall be imposed. The confiscated alcoholic drinks and articles
shall be turned over to the Competent Authorities
for uniform
disposal. Confiscated property shall be turned over to the
finance department of the
same level.
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Article
41 Anyone shall be prosecuted for
the criminal liability by the judicial department according to
law
in case it violates the provisions of these regulations
committing a crime based on the criminal law.
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Article
42 The officials of Competent
Authorities or other administrative departments who neglect
their duties, abuse their
authorities, practice irregularities
for personal gains, take bribes, in case the circumstance are so
serious as to constitute a crime, they shall be prosecuted for
the criminal responsibility according to law.
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Article 43 In case any natural person, legal person, or economic
organization without legal personality objects to the punishment
decision made by the Competent Authorities or any other
administrative department, it may apply
for reconsideration to
the Municipal Government's administrative reconsideration
authorities, or
directly file a lawsuit before the people's
court within 15 days upon the date receiving the decision. In
case the party concerned neither applies for an administrative
review, nor files a lawsuit, nor fulfills
the punishment
decision, the Competent Authorities or any other administrative
department in charge
may apply to the people's court for
compulsory execution.
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Chapter V Supplementary Provisions
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Article
44
The detailed implementing
measures are to be formulated by the Municipal Government in
accordance with these regulations.
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Article
45
These regulations shall take effect as of November 1, 1994.
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