Related regulations:
The second urban and rural bazaar trade (hereinafter referred to as the bazaar), is an integral part of China's unified socialist market. Bazaars shall give full play to market regulation under the guidance of the State plan. The State, through administrative management, protects legal business and outlaws illegal activities, and maintains the economic order of the bazaar.
The state-run commercial sector should use economic means to carry out purchasing and selling activities, regulate the supply and demand of commodities, suppress market prices and play a leading role.
Article 3 The competent authority for the administration of the bazaar is the administration for industry and commerce. The price, tax, health, security and other management work of the bazaar, by the competent departments to divide responsibility, and work together.
Districts and counties shall establish bazaar management committees, chaired by the district and county governors in charge, industrial and commercial administration, commerce, supply and marketing, food, agriculture, animal husbandry and aquatic products, prices, measurement, taxation, health, sanitation, public security, municipal engineering and other departments to participate. Townships and townships, as needed, may set up grass-roots bazaar management committee.
The duties of the bazaar management committee are: to coordinate and organize the relevant departments, *** with the management of the bazaar, supervise and inspect the implementation of relevant laws and regulations, policies, planning for the construction of the bazaar, and to study and solve the problems related to the management of the bazaar.
Districts, county administration for industry and commerce should be established in the bazaar management organization, with full-time management cadres.
Article 4 the bazaar land should be included in the town construction planning, reasonable setup, any unit or individual shall not occupy.
New residential areas and satellite towns, shall be in the public construction supporting programs. Combined with the planning and construction of commercial and service outlets, with the construction of indoor bazaar mall.
Renovation of old urban areas and the construction of rural market towns, should be combined with the central food court and market town commercial outlets set up, with the construction of indoor market malls or shed-roofed market malls.
Article 5 The establishment of bazaars shall be approved by the people's governments of the districts and counties according to the principle of not obstructing traffic and facilitating the purchase and sale of goods by the masses.
The market shall not occupy the road. Roads have been occupied, should create conditions to gradually move indoors; individual need to temporarily occupy, should be in accordance with the relevant provisions of the Municipal People's Government's current traffic and road management.
Article VI in the bazaar engaged in business activities of units and individuals shall comply with the provisions of this regulation.
Chapter II Trade Management
Article 7 State and collective industrial and commercial enterprises may, in accordance with the approved scope of business, engage in purchase and sale activities in the bazaars.
Individual industrial and commercial households, holding business licenses issued by the administration for industry and commerce, in accordance with the approved scope of business, may set up stalls in the bazaar.
Article 8 Rural cooperative business enterprises, rural individuals engaged in year-round or seasonal trafficking, holding business licenses or temporary business certificates issued by the administrative departments for industry and commerce in their places of residence, may traffic in commodities permitted to go to the bazaar, without being restricted by administrative divisions and quantities. Traffickers in meat products shall also hold certificates from veterinary quarantine or food hygiene supervision organizations in the place of origin.
Article 9 Craftsmen holding a license issued by the administration for industry and commerce may repair, process or sell handmade products on behalf of their customers at the bazaar.
Article 10 The city's medical practitioners, with the district or county health department's license or certificate of practice, as well as the business license issued by the administration for industry and commerce, can practice medicine in the bazaar.
Article 11 Organs, organizations, troops, schools, enterprises, institutions and other units to purchase agricultural and sideline products in the bazaar, are not allowed to raise the price of the purchase, resale.
Article 12: Except for those agricultural and sideline products which are not allowed to be freely marketed under the state regulations, all other agricultural and sideline products are allowed to be sold in the bazaar.
Article 13 The State permits enterprises to sell their own industrial products, and the products of individual industries, handicrafts and farmers' home-based sideline industries are permitted to be sold in the bazaars.
Article 14: Owned old bicycles and motorcycles are permitted to be sold at designated bazaars on the basis of vehicle license plates, identity documents or unit certificates, and owned old agricultural machinery and materials on the basis of identity documents or unit certificates.
Article 15: The sale of large livestock must be certified by the basic administrative unit and the veterinary quarantine organization, and is allowed to be sold in rural bazaars. Large livestock without sale certificates and quarantine certificates shall not be allowed to be sold, purchased or slaughtered.
The seedling birds, young animals, livestock are not allowed to sell in urban markets.
Article 16 The following items are not allowed to be sold in the bazaar:
(1) cultural relics, jewelry, jade, gold and silver and their products and the state regulations are not allowed to go to the bazaar of the foreign goods;
(2) from the grain store arbitrage of the unified sale of grain and grain stamps and other tickets;
(3) juvenile fish, juvenile crabs and stealing, robbing, poisoning, frying of aquatic products;
(4) (4) without the approval of the measurement management department of the sale and quarantine certificate. ) without the approval of the measurement of the management department of the production and inspection of qualified measuring instruments;
(v) poisonous, harmful, dirty and unclean, rotten and moldy food, diseased, poisoned or unknown cause of death of poultry, livestock, aquatic products and their products, raw food small aquatic products, as well as the city's administrative department of health regulations do not allow the sale of other food products;
(vi) control of knives, flammable and explosive substances, Superstition, contraband;
(7) reactionary, absurd, obscene books, paintings, photographs, records, audio tapes, video tapes and other products;
(8) narcotic drugs, poisonous drugs, psychotropic substances, highly toxic substances, fake and inferior medicines;
(9) the state regulations are not allowed to bazaar of other items.
Article XVII unlicensed medical practitioners, medicine vendors, are not allowed to practice medicine in the bazaar, selling drugs.
Article 18 prohibits the use of second-rate, fake for real, adulteration, short feet less scale.
Article 19 It is strictly prohibited to gang up, buy and sell by force, hoarding, price gouging and other acts of market domination.
Article 20 The units and individuals engaged in business activities in the bazaar shall operate in the lot designated by the bazaar management organization.
Article 21 in the bazaar set up stalls for business, shall be in accordance with the provisions of the Municipal Administration for Industry and Commerce to pay the bazaar management fee. The bazaar management fee shall be used in the bazaar and shall not be diverted for other purposes.
Veterinary quarantine institutions may collect quarantine fees in accordance with the regulations.
Other organizations are not permitted to impose fees at the bazaar under any pretext.
Article 22 All taxable units and individuals must pay taxes in accordance with the tax law and tax administration regulations, and accept the supervision and inspection of the tax authorities. Any tax evasion shall be dealt with by the tax authorities in accordance with the relevant provisions.
Self-employed industrial and commercial households should establish simple purchase and sale books, and use the Shanghai Municipal Individual Industrial and Commercial Uniform Invoice printed by the Shanghai Municipal Taxation Bureau.
Article 23 The bazaar shall set up fair scales.
The measuring instruments used in the sale of goods shall comply with the provisions of the measurement management department.
The sale and use of substandard measuring instruments shall be dealt with by the measurement management department in accordance with the relevant provisions. The use of measuring instruments to cheat, illegal profit, recover their illegal gains and impose a fine.
Article 24 of the following violations, by the administrative organs for industry and commerce, respectively, in different circumstances, be dealt with:
(a) unauthorized purchase and sale of activities or unlicensed business, to be educated to stop; do not listen to education, may be fined.
(ii) not according to the designated place to set up stalls trading, advised to the designated place to trade; do not obey the advice, may be fined.
(c) evasion of market management fees, in addition to ordering them to pay up, may be fined.
(d) the sale of cultural relics, jewelry, jade, gold and silver and their products and the state regulations are not allowed on the bazaar of foreign goods, ordered to the state-specified acquisition unit to sell; has been sold or resold, in accordance with the relevant state laws and regulations shall be punished.
(e) the sale of agricultural and sideline products and industrial products that are not allowed to go to the bazaar and are needed by the commercial sector may be purchased; if they have been sold, they shall be fined.
(f) from the state grain stores to buy the unified grain or to the residents of the unified grain purchased at a price increase in the sale, in exchange for goods, confiscated part or all of the grain and the purchase price; repeat offenders, additional fines; the circumstances of the seriousness of the case, aggravated.
(7) The sale and purchase of planned supply tickets or the exchange of tickets for commodities, the confiscation of their tickets, commodities and illegal gains; repeated offenders, plus a fine.
(viii) Institutions, organizations, troops, schools, enterprises, institutions and other units, the price of snatching, resale, and resale, according to the provisions of the fine.
(ix) unlicensed traveling doctors, medicine vendors in the bazaar to practice medicine, selling drugs, confiscate their income and medicines.
(j) substandard, fake, adulteration, short feet less scale, ordered to compensate for the loss of the buyer, the fake goods should be confiscated; repeat offenders, additional fines; is a business enterprise or licensed individual business, and may be subject to a short-term suspension of business, until the revocation of the business license; aggravating circumstances, the consequences of the seriousness of the speculation in accordance with the behavior of the treatment.
(xi) gangs of gangs of gangs of gangs, forced buying and selling, hoarding, price gouging and other bullying of the market, according to the speculative behavior.
(xii) the sale of other commodities that are not allowed to go to the bazaar under the state regulations and the violation of other provisions of these regulations, according to the different circumstances, were given education, fines, confiscation of commodities and other treatments.
Article 25 of the sale of young fish, young crabs and steal, snatch, poison, bomb aquaculture aquatic products, by the Administration for Industry and Commerce in cooperation with the fisheries, public security departments in accordance with the provisions of the city's aquaculture protection.
Article 26 Any person who is dissatisfied with the handling of the administration for industry and commerce may, within fifteen days after the handling, lodge a complaint with the higher-level administration for industry and commerce.
Article 27 Any bazaar manager who violates the provisions of this favoritism and malpractice shall be dealt with severely.
Chapter III Price Management
Article 28 State and collective commercial enterprises selling agricultural and sideline products in the bazaar, where the state has stipulated the price, the price shall be implemented as stipulated by the state; bargaining and negotiation, in accordance with the scope of the varieties stipulated by the state and the principle of pricing.
Other units and individuals to sell agricultural and sideline products, within the scope permitted by state laws and policies, the price agreed upon by buyers and sellers.
Article 29: Industrial products sold by state and collective industrial and commercial enterprises shall be sold at the prices stipulated by the State.
Individual traders who buy industrial goods from state-run commercial and industrial enterprises on a wholesale basis at prices stipulated by the State may not sell them at prices higher than the retail prices stipulated by the State.
The prices of products produced by individual handicraftsmen and home-based sideline industries shall be agreed upon by buyers and sellers to the extent permitted by national laws and policies.
Article 30 The transaction price of old goods shall be agreed upon by the buyers and sellers. However, the old industrial goods are not allowed to exceed the national retail price of new goods of the same kind.
Article 31 The sale of goods in the bazaar, are not allowed to inflate prices. Fixed stores and stalls should be clearly marked prices.
It is not permitted to set stores, vegetable farms in accordance with the retail price of goods supplied at a price increase.
Snatch or set purchase of goods supplied in accordance with the state's retail price markups for sale, according to the provisions of the fine.
Chapter IV Health Management
Article 32 The food hygiene of the bazaar, in accordance with the "Chinese People's **** and the State Food Hygiene Law (Trial)" ① and "Shanghai urban and rural bazaars and trade in food hygiene management regulations", to strengthen the management.
Note ①This Law was repealed on October 30, 1995, the date of enforcement of the Food Sanitation Law of the People's Republic of China.
Related Regulations:
Article 33 The bazaar management organization shall be equipped with food hygiene inspectors who shall be responsible for general food hygiene and the checking of veterinary quarantine certificates.
District and county food hygiene supervisory organizations are responsible for the technical training and business guidance of food hygiene inspectors in bazaars.
Food hygiene supervision organization is responsible for food hygiene supervision and inspection work.
Veterinary quarantine institutions are responsible for the quarantine of livestock and poultry.
Article 34 All kinds of food sold in the bazaar and all kinds of food containers, packaging materials, food utensils, as well as food stalls using cooking utensils, tableware, shall comply with the national and municipal food hygiene standards and management regulations.
Article 35 violation of the provisions of Article 16 (5), the food hygiene supervision agencies shall be dealt with according to law; cause serious consequences, resulting in death or disability, by the public security, judicial organs shall be dealt with according to law.
Article 36 The bazaar management organization shall be responsible for managing the environmental hygiene of the bazaar. Those who set up stalls must keep their stalls and scaffolds neat and tidy and improve public hygiene.
Chapter V Law and Order Management
Article 37 The bazaar management organization shall be equipped with law and order pickets, responsible for maintaining law and order and traffic order in the bazaar. The picketers shall be subject to the guidance of the public security organs of the place where the bazaar is located, and shall wear the duty symbols established by the public security organs when carrying out their duties.
The public security organs shall strengthen the public security management of the bazaar.
Article 38 Gambling, fortune-telling and fortune-telling are strictly prohibited in the bazaars; and activities of selling art that are harmful to public morals, barbaric, horrible, destructive to the physical and mental health of performers, and corrupting the socialist spiritual civilization are strictly prohibited. Violators shall be dealt with by the public security organs according to law.
Article 39 Violation of the provisions of Article 16 (6), (7), (8), the public security organs shall confiscate all the goods and illegal income; the circumstances are serious, by the public security and judicial organs shall be dealt with according to law.
Article 40 In the bazaar robbery, pickpocketing, theft, fraud, molestation of women, assault and battery, engraving of official seals, alteration or forgery of certificates, receiving stolen goods, stolen goods, and other endangerment of public order, by the public security and judicial organs shall be dealt with in accordance with the law.
Article 41 Anyone who attacks the bazaar management organization, obstructs the bazaar management, taxation and other personnel from carrying out their duties in accordance with law, or impersonates the bazaar management, taxation and other personnel to extort and defraud money, as well as any other person who seriously disrupts the order of the bazaar shall be dealt with by the public security and judicial organs in accordance with law.
Chapter VI Supplementary Provisions
Article 42 These provisions shall be approved by the Standing Committee of the Shanghai Municipal People's Congress and promulgated by the Shanghai Municipal People's Government, and shall come into force on August 1, 1985, as of the same date. The Interim Measures for the Administration of the Shanghai Municipal Agricultural Products Market approved by the Shanghai Municipal People's Government shall be repealed at the same time.
Article 43 The agricultural and sideline products trading markets set up by state and collective enterprises shall be implemented with reference to these provisions.
Article 44 The Shanghai Municipal Administration for Industry and Commerce may formulate implementation rules in accordance with the provisions of the Shanghai Municipal People's Government shall come into force after approval.