05 Administrative Regulations of Shenzhen Special Economic Zone on Alcoholic Drinks 深圳经济特区酒类管理条例（2002）

Archived（May 28, 2018）

（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.）

Chapter I General Provisions

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.

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.

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.

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.

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.

Article 5 The production, wholesale, retail, and transport of alcoholic drinks shall be subjected to the license system.

Article 6 Alcoholic drink enterprises shall pay taxes according to law.

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.

The Competent Authorities shall implement direction and supervision over the work of the trade association.

Chapter II Administration of Alcoholic Drinks

Article 8 To manufacture alcoholic drink, the manufacturers shall hold the alcoholic drink manufacture license.

Natural persons and economic organizations without legal personality shall not undertake the production of alcoholic drinks.

The alcoholic drink manufacture license shall be strictly prohibited from being altered, forged, lent, leased or traded.

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:

(1) It shall comply with the industrial policies of the Special Zone;

(2) It shall have the production conditions that can guarantee the quality of alcoholic drinks;

(3) It shall have obtained the authorization document from the administrative department in charge of technical supervision;

(4) It shall have obtained the authorization document from the administrative department in charge of health;

(5) It shall have obtained the authorization document from the administrative department in charge of environmental protection; and

(6) It shall meet other conditions provided by laws, regulations and rules.

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.

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.

Article 11 The alcoholic drink manufacturers shall strictly control the quality of products in accordance with relevant laws and regulations.

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.

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.

Inedible alcohol, raw materials and additives shall be prohibited from being used to manufacture alcoholic drinks.

Any units and individuals shall not sell alcoholic cordials or healthcare wines confected by themselves.

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.

Article 14 It shall be strictly prohibited that anyone manufacture fake and inferior alcoholic drinks.

Chapter III Administration on Circulation of Alcoholic Drinks

Article 15 In these regulations, "circulation of alcoholic drinks" means wholesale, retail, and transport of alcoholic drinks.

Article 16 To undertake alcoholic drink wholesale business, the wholesaler must hold the alcoholic drink wholesale license.

Natural persons shall not undertake wholesale of alcoholic drinks.

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:

(1) Having the business license of legal person or business license;

(2) Having proper registered capital;

(3) Having monopolistic trading right of relevant alcoholic drinks;

(4) Having sound management systems and professionals familiar with knowledge in alcoholic drinks;

(5) Having storage facilities that satisfy the sanitation and fire fighting requirements; and

(6) Other conditions stipulated by laws, regulations and rules.

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.

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.

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.

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.

Article 21 To undertake alcoholic drink retail business, the retailer must hold the alcoholic drink retail license.

To obtain an alcoholic drink retail license, the applicant shall file a written application to the Competent Authorities, and shall meet the following conditions:

(1) Having the business license of legal person or business license;

(2) Having proper registered capital;

(3) Having the sanitary license;

(4) Having professionals familiar with knowledge in alcoholic drinks;

(5) Satisfying requirements on establishing business departments; and

(6) Other conditions stipulated by laws, regulations and rules.

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.

Article 22 The physicochemical identification, visual inspection and sanction conclusions drawn by the Competent Authorities for alcoholic drinks shall have legal effect.

Article 23 The confiscated alcoholic drinks shall be turned over to the Competent Authorities for identification and disposed of according to relevant provisions.

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.

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.

The alcoholic drink transport license is the one-off license.

To apply for an alcoholic drink transport license, the applicant shall meet the following requirements:

(1) Having the valid alcoholic drink wholesale license; and

(2) Having purchase invoice or consignment voucher.

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.

Article 27 To hold expositions or fairs for alcoholic drinks, the undertakers and exhibitors shall be examined by the Competent Authorities.

Article 28 Advertisements for spirits by all kinds of means shall be prohibited.

Article 29 Sales of alcoholic drinks to minors shall be prohibited.

Article 30 Wholesale, retail and transport of fake and inferior alcoholic drinks shall be strictly prohibited.

Article 31 Wholesale, retail and transport license of alcoholic drink shall be strictly prohibited from being altered, forged, lent, leased, or traded.

Chapter IV Punishment Provisions

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:

(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;

(2) In violation of the provisions of Article 13 of these regulations, failing to indicate the prescribed labels;

(3) In violation of the provisions of Article 20 of these regulations;

(4) In violation of the provisions of Article 23 of these regulations, disposing of the confiscated alcoholic drinks without authorization;

(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

(6) In violation of the provisions of paragraph I of Article 26 or Article 27 of these regulations.

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:

(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;

(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;

(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

(4) In violation of the provisions of Article 31 of these regulations, engaging in the wholesale, retail, or transport fake and inferior alcoholic drinks.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Chapter V Supplementary Provisions

Article 44 The detailed implementing measures are to be formulated by the Municipal Government in accordance with these regulations.

Article 45 These regulations shall take effect as of November 1, 1994.