277 Administrative and Punishment Rules of Shenzhen Municipality on the Salt Industry(2005 revised)[深圳市盐业管理处罚规定（2005年修订）]

(Promulgated by Decree No.93 of the Shenzhen Municipal People’s Government on October 6, 2000. As revised and promulgated by Decree No.114 of the Shenzhen Municipal People’s Government on October 14, 2005) 

Chapter Ⅰ General Provisions  

Article 1 In order to strengthen the administration of salt industry in Shenzhen Municipality, crack down on the malfeasance of salt industry, safeguard the citizen’s physical and mental health, these rules are hereby formulated in accordance with relevant laws and regulations of the State, as well as taking into account with the actual circumstances of this municipality. 

Article 2 These rules shall apply to the investigation and prosecution to the malfeasance in the manufacturing, processing, transporting, selling and using of the salt products within this municipality. 

Article 3 The administrative competent department of salt industry authorized by the Municipal People’s Government of Shenzhen (hereinafter referred to as the municipal administrative department of salt industry) shall be in charge of supervising and administrating to the salt industry in this municipality, investigating and dealing with the malfeasances in salt industry according to these rules. The municipal and district departments of public security, industry and commerce, quality and technical supervision, heath and communication shall implement these rules according to their respective administrative functions. 

Article 4 Any unit or individual has the right to report the malfeasance of salt industry. 

In case that the reported malfeasance is true and is dealt with by the competent department according to law, the dealing department shall award the reporter in cash 100 yuan per ton according to the total amount of salt products that are manufactured, processed, transported, sold or used illegally. The amount of salt products shall be considered as one ton in calculating the bonus if it is less than one ton actually. The bonus shall not be more than 30,000 yuan even if the calculation result is more than 30,000yuan. 

Chapter Ⅱ Administration to Manufacture, Processing and Transportation  

Article 5 The state carries out the system of manufacturing and processing salt products at fixed places. Any one shall not manufacture or process salt products in this city until get examined by the municipal administrative department of salt industry and be approved by the administrative department of salt industry of Guangdong Province. 

Anyone who violates the provisions of the preceding paragraph shall be ordered to stop manufacturing or processing and confiscating, be confiscated his salt products illegally manufactured or processed, the equipments, tools and illegal gains by the municipal administrative department of salt industry. Besides the punishments above, the violator shall be imposed a fine of 10,000 to 50,000 yuan if the value of salt products illegally manufactured or processed is less than 10,000 yuan, or a fine of 5 times of the value of salt products illegally manufactured or processed if the value is more than 10,000 yuan.   

In case one knows perfectly well that others illegally undertake the manufacture and processing of salt products, but still provides place for them, he shall be ordered to rectify the behavior, be confiscated the illegal gains and shall be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan by the municipal administrative department of salt industry. 

Article 6 If a processing unit of salt wants to process the salt without iodine, it shall get approval from the municipal administrative department of salt industry and make a notable mark of “salt without iodine ” in Chinese on the package. 

Anyone who violates the provisions of the preceding paragraph shall be ordered to rectify the behaviors, be confiscated the processed products by the municipal administrative department of salt industry and may be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan. 

Article 7 The package of the salt shall accord with the requirements for food packaging stipulated by the State and be marked all the compositions and contents of the salt in Chinese. 

If the package of the salt sold in this city doesn’t accord with the provisions of the proceeding paragraph or the salt product doesn’t conform to the illustration in the package, the salt shall not be sold on the market in this city. Anyone violating this provision, the salt shall be confiscated, the seller shall be ordered to pay a fine of more than 1,000 yuan but less than 5,000 yuan, and the packaging units or individuals shall be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan by the municipal administrative department of industry and commerce. 

If the municipal administrative department of salt industry finds the malfeasance of violating the preceding paragraph, it may temporarily detain the unqualified salt products and the packages, and refer them to the municipal administrative department of industry and commerce to deal with in 5 working days according to the preceding paragraph. 

Article 8 If the salt products are transported into Shenzhen from other places, the carrier shall hold the Permit for Transport and accept the supervision of the municipal administrative department of salt industry. The carrier of each vehicle (ship) shall hold one License. The License and the goods shall go together. 

Anyone violating the provisions of the preceding paragraph, illegally transporting the salt products, the municipal administrative department of salt industry shall confiscate the illegally transported salt products, impose a fine of more than one time but less than 5 times of the value of the salt products to the owner of the goods, confiscate the carrier’s illegal gains and impose a fine of more than one time but less than 5 times of the value of the illegally transported salt products to him. 

When the municipal administrative department of salt industry investigates and deals with the cases concerned in the preceding paragraph, it may temporarily detain the transport tools for investigation, but the period of temporary detainment shall not exceed 45 days. If the period expires and the party doesn’t accept the treatment according to law, the municipal administrative department of salt industry shall put a lawful end to the case and refer the transport tools temporarily detained to the municipal department of finance to deal with according to law. 

Chapter Ⅲ Administration to Wholesale, Retail and Use  

Article 9 Anyone who undertakes the wholesale business of salt or undertake the whole business of salt as subcontractor (agent) shall apply for the Wholesale License for Salt or Wholesale License for Salt as Subcontractor (Agent) according to the provisions of the State. 

Anyone, in violation of the provisions of the preceding paragraph, who undertakes the wholesale business of salt without acquiring the Wholesale License for Salt or Wholesale License for Salt as Subcontractor (Agent) according to law, shall be ordered to stop his wholesale activities, be confiscated his salt illegally sold and illegal gains, and be imposed a fine of 1,000 to 5,000 yuan simultaneously by the municipal administrative department of salt industry. In case of serious circumstances, the violator shall be ordered to pay a fine of 5,000 to 30,000 yuan. 

Article 10 Anyone who undertakes the retail business of salt shall conduct the registration of retail at the municipal administrative department of salt industry. 

Anyone violating the provisions of the preceding paragraph, failing to conduct the registration of retail according to law and undertaking the retail business of salt, the municipal administrative department of salt industry shall order him to conduct the regulation within a prescribed time limit. Failing to conduct the registration of retail within the prescribed time limit, he shall be ordered to pay a fine of 500 yuan. 

Article 11 The salt shall not be sold until being added iodine according to the standards prescribed by the State. 

If a wholesale enterprise of salt unit, wholesale unit of salt as subcontractor (agent) or private industrialist violates the provisions of the preceding paragraph, selling the salt without iodine as the salt or passing off the salt without iodine as the salt with iodine, the municipal administrative department of salt industry shall order him to stop committing the malfeasances, confiscate the products for illegal sale and impose him a fine of 5,000 to 30,000 yuan. If the amount of the salt for illegal sale is huge, a fine of 5 times of the value of the salt products for illegal sale may be imposed at the most. 

If a retailer of salt violates the provisions of the first paragraph, selling the salt without iodine as the salt or passing off the salt without iodine as the salt with iodine, the municipal administrative department of salt industry shall order him to stop committing the malfeasances, confiscate the products for illegal sale and impose him a fine of 1,000 to 5,000 yuan. If the sales amount is relative huge or the retailer violates the provisions of the first paragraph repeatedly, the municipal administrative department of salt industry shall confiscate the salt products for illegal sale and impose him a fine of 5,000 to 30,000 yuan. 

Article 12 Anyone undertaking the wholesale business of salt as subcontractor (agent) shall purchase the salt from the district wholesale enterprise of salt in the area where he resides according to the provisions of the State. The retailers of the salt shall purchase the salt from the wholesale enterprise of salt in the area where he resides, or from the unit or private industrialist having the Wholesale License for Salt as Subcontractor (Agent). 

If a wholesale businessmen as subcontractor (agent) or retailer of the salt violates the provisions of the preceding paragraph, the municipal administrative department of salt industry shall confiscate the salt products for illegal sale and impose him a fine of 1,000 to 5,000 yuan. In case of serious circumstances, the violator shall be ordered to pay a fine of 5,000 to 30,000 yuan. 

Article 13 The wholesale enterprise of salt shall register their transactions of purchasing and selling salt products and report them according to the provisions of the municipal administrative department of salt industry. 

If a wholesale enterprise of salt fails to register or report the purchasing and selling transactions of salt according to the provisions of the preceding paragraph, the municipal administrative department of salt industry shall order it to rectify. If the enterprise fails to rectify within the prescribed time limit, it may be ordered to pay a fine of 500 to 2,000 yuan. 

Article 14 If the operators of catering trade and the collective dining rooms of the government units, schools, kindergartens, factories, mines and others provide the foods containing salt, they shall use the iodine salt according with the national standards. 

If the operators of catering trade or the collective dining room of government units, schools, kindergartens, factories, mines and others use the salt without iodine, or use the salt that is unqualified, deteriorated or exceeds the quality guarantee period to process the foods, the municipal administrative department of salt industry shall impose a fine of more than 5,000 yuan but less than 30,000 yuan to the operators or the units holding the collective dining rooms. 

Article 15 The medical salt without iodine shall be sold at fixed places. The selling places shall be appointed and announced by the municipal administrative department of salt industry. 

If other units or individuals sell the salt without iodine without permission, they shall be punished according to the provisions of the second and third subparagraph of Article 11 of these rules. 

Article 16 If a unit needs to use the industrial salt for production or research, it shall purchase the industrial salt according to relevant provisions. 

If a unit violates the provisions of the preceding paragraph, it shall be imposed a fine of 1000 to 5000 yuan by the municipal administrative department of salt industry. 

Article 17 The municipal administrative department of salt industry shall make a random inspection to salt product in the wholesale and retail market regularly. If it finds that salt product doesn’t accord with the provisions of the national stipulation, it shall confiscate and destroy the foods, and publicize the name, trademark, manufacturing factory, production date and other data of the foods to draw the citizens’ attentions. 

Article 18 Anyone who needs to import the salt products from abroad (overseas) for production and research or sell the salt for export inside the country shall get approval from the administrative department of salt industry of Guangdong Province and accept the supervision of the municipal administrative department of salt industry. 

Anyone who violates the provisions of the preceding paragraph to import the salt products or sell the salt products for export inside the country without permission, and the value doesn’t exceed 10,000 yuan, shall be confiscated the salt products imported or sold without permission and be ordered to pay a fine of 5,000 yuan by the municipal administrative department of salt industry; If the value of the salt products imported or sold inside the country without permission exceeds 10,000 yuan, he shall be fined more than 2 times but less than 5 times of the value of the salt products imported or sold inside the country privately. 

Article 19 It is prohibited to sell the liquid salt (including the natural bittern) or use the liquid salt to process the foods. 

Anyone who violates the provisions of preceding paragraph shall be ordered to stop committing the malfeasances, be confiscated the products illegally sold and processed, and be ordered to pay a fine of more than 1,000 yuan but less than 5,000 yuan by the municipal administrative department of salt industry; In case of serious circumstances, he shall be ordered to pay a fine of more than 5,000 yuan but less than 30,000 yuan. 

Article 20 Anyone violates the provisions of relevant laws, printing the packing marks of salt without permission, the municipal administrative department of salt industry may order him to stop committing the malfeasances, temporarily detain the packing marks illegally printed and refer them to the municipal department for quality and technical supervision to deal with according to law. 

Article 21 If there is anyone who illegally produces, processes, transports or sells salt products, damages the citizens’ physical or mental health, and seriously disturbs the order of the monopoly market of this city, thus in violation of these rules, the municipal administrative department of salt industry may publicize the malfeasance through the news media. If the malfeasance constitutes a crime, the municipal administrative department of salt industry shall refer the violator to the judicial department to prosecute him for criminal responsibilities according to the provisions of Article 143 or Article 225 of the Criminal Law of the People’s Republic of China. 

Article 22 If a relevant unit or individual obstruct the law enforcement official to perform his powers and duties according to law, he shall be punished according to the provisions on punishments in public order and security administration by the organ of public security, and shall be prosecuted for criminal responsibilities if he hinders the law enforcement official to perform his powers and duties by violence or threat. 

Chapter Ⅳ Provisions on the Procedure of Punishment  

Article 23 When the municipal administrative department of salt industry or other relevant administrative competent department give punishment according to these rules, it shall send two or more than two persons with the qualification for administrative law enforcement from its own department to investigate and deal with together. 

Article 24 The law enforcement personnel shall observe the following provisions while giving punishment according to these rules: 

(1) to make known their identity and show effective law enforcement certification to the parties concerned; 

(2) to orally declare the parties concerned the main content, enforcing means of the punishment decision and the remedy measures for the parties not satisfying with the punishment decisions; 

(3) to produce the written punishment decision according with the prescribed form; 

(4) to produce the list of the detained or confiscated properties, which shall be signed or sealed by the parties, when detaining or confiscating the properties; 

(5) to use the fine and confiscation receipt which is uniformly printed by the financial department when collecting the fine. 

Article 25 The municipal or district departments for quality and technical supervision, food hygiene supervision as well as industry and commerce may punish the malfeasances of salt industry according to relevant provisions of these rules within the scope of their respective powers and duties. 

If two or more than two organizations have jurisdiction over the same malfeasance, the malfeasance shall be under the jurisdiction of the organization that investigates and deals with it earliest. 

No administrative competent department or administrative department of salt industry may impose two or more administrative penalties of fine to one malfeasance. 

Article 26 If the fine exceeds 5,000 yuan or the value of the confiscated properties exceeds 5,000 yuan, and the parties concerned require holding a hearing, the organizations deciding to punish shall hold a hearing according to the prescribed procedures before making formal decision. 

Article 27 If a party is not satisfied with the administrative punishment decision or relevant coercive measure made by the municipal administrative department of salt industry or another administrative competent department, he may apply for appeal according to law, or file lawsuit before the people’s court directly. 

Chapter Ⅴ Supplementary Provisions