Measures for Administration of Alcohol Circulation
Article 18 Alcohol managers should mark the price clearly, honest and trustworthy while selling alcoholic commodities.
Article 19 Alcohol managers should not sell alcoholic commodities to the minors and should express clearly in a marked place of the operation area.
Article 20 Wholesale, retail, storage and transportation of following commodities are forbidden:
1. alcoholic commodities adulterated with non-edible alcohol harmful to human health;
2. alcoholic commodities of which the name, address of the production factory and production date are forged and tampered with;
3. alcoholic commodities that have violated the exclusive rights to use the trademarks and Intellectual Property;
4. adulterated, shoddy, false and out-of-date alcoholic commodities, and illegal imported alcohol;
5. other alcoholic commodities prohibited to be sold in accordance with national laws and regulations.
Chapter IV Supervision and Administration
Article 21 The competent commercial departments at the level higher than county supervise and administer the alcohol circulation in their administrative areas in accordance with relative national laws, regulations and theses measures.
The competent commercial departments at all levels should not restrict or hinder the circulation of legal alcoholic commodities in this area.
Article 22 The competent commercial departments should show their effective certificate when they perform supervision and administration. Law enforcement staffs should not be less than two. When they have evidence or accept an informant, the law enforcement staffs may look up account book or select sample for check after showing their effective certificate to the persons concerned.
The competent commercial departments have the obligations to keep commercial secret for the persons concerned.
Alcohol managers should cooperated with the supervision examination made by the competent commercial departments and provide information strictly according to the facts, should not transfer, destroy without permission the alcoholic commodities to be checked.
Article 23 The competent commercial departments should establish alcohol circulation monitoring system, monitoring and analyzing alcohol circulation in the local area, establishing credit files for alcohol managers, and publishing the information to the society timely.
The Ministry of Commerce should use modern information technology to establish alcohol circulation administration system and safety information system. The competent commercial departments at all levels and alcohol managers should report corresponding information in time.
Article 24 The competent commercial departments may select samples of alcohol commodities sold in this area for check themselves or together with relative departments and may publish the check result to the society.
The appraising conclusion on the alcohol commodities issued or approved by the competent commercial departments should be on the basis of check result of national legal testing agencies or the identification report of the enterprises whose lawful rights are infringed on.
Article 25 Encourage alcohol industry organizations to establish and perfect industry self-discipline system.
Article 26 All units and individuals have the rights to report or complain the activities violating these measures to local competent commercial departments, industrial and commercial administrations or relative departments.
Chapter V Legal Liability
Article 27 Whoever violates the provisions of Article 6, Article 10 Section 1 of these measures should be given a warning and instructed to make correction by the competent commercial department. Any alcohol manager who refuses to make correction within the time limited may be imposed a fine of less than 2 thousand yuan in light of the circumstances and the punishment may be published to the society.
Whoever violates the provision of Article 12 may be imposed a fine of less than 10 thousand yuan in light of the circumstances. Whoever violates the industrial and commercial administrative laws and regulations should be transferred to the industrial and commercial administrations for punishment in accordance with laws. Whoever commits a crime should be ascertained criminal responsibility.
