Article 1 In order to protect the farmers market operators, operators, the legitimate rights and interests of consumers, to maintain the order of market transactions, regulate the behavior of market transactions, and promote the healthy development of farmers market, according to the relevant laws and regulations, combined with the actuality of the city, the development of this approach.
Second Article The farmers' markets referred to in these measures, refers to the market operator to provide a fixed site, facilities, business management, a number of operators are concentrated in the field to engage in agricultural trading activities independently of the place.
The measures referred to in the farmers market operator (hereinafter referred to as the market operator), refers to the establishment of the law, engaged in market management, through the provision of space, facilities, and services, to absorb the agricultural products operators to enter the business of business enterprises or other economic organizations.
The measures referred to in the farmers' market operators (hereinafter referred to as the field operators), refers to the farmers' market independently engaged in agricultural and sideline product trading activities of enterprises, individual businesses and other economic organizations.
Article 3 of the farmers' market trading activities should follow the voluntary, equal, fair and honest principles, and comply with business ethics. Market management activities shall follow the principle of lawfulness, openness, fairness and justice.
Fourth, the city's urban farmers market opening, operation and management, as well as related administrative supervision and management activities, the application of this approach.
Chapter II management responsibilities
Article V farmers' markets are managed territorially. Under the unified leadership of the municipal people's government, the people's governments of the districts, Changsha High-tech Zone Management Committee shall effectively strengthen the leadership of the management of farmers' markets, organization and coordination of the relevant administrative departments at this level to perform their duties in accordance with the law.
The street offices should effectively fulfill their duties, supervise the market operator to implement the management responsibility, responsible for the daily supervision of the market, and coordinate the relevant administrative departments to supervise according to law.
Article VI of the Administration for Industry and Commerce is responsible for the supervision and management of farmers' markets, the main responsibilities include confirming the qualifications of the market operator and the main operators in the field, supervision and management of the main business, product quality, trading behavior, etc., accepting and dealing with complaints, appeals, maintenance of market order, investigate and deal with violations of law, and timely organization of farmers' market management personnel to participate in training, as well as Other duties prescribed by laws and regulations.
Article VII of the Commerce Department is responsible for organizing and implementing the construction of farmers' markets, upgrading and reconstruction projects, drawing up standards for the construction and upgrading of urban and rural farmers' markets, taking the lead in formulating acceptance methods and organizing acceptance.
Article VIII of the city law enforcement departments are responsible for the supervision and management of environmental hygiene around the farmers' market and the field, investigate and deal with illegal construction of the market and off-site illegal stalls and business behavior.
Article IX of the price department is responsible for regulating the farmers market administrative fees, supervise the market operator's charging behavior, supervise the operator of the price announcement, the price of illegal acts to combat.
The tenth quality and technical supervision departments are responsible for farmers' markets for trade settlement of measuring instruments, measurement of behavior supervision and management, to strengthen the market operators for trade settlement of measuring instruments for regular mandatory calibration; responsible for farmers' markets, quantitatively packaged goods, retail commodities and other commodities, measurement supervision and management of the amount of supervision and management.
Article XI of the agricultural sector is responsible for the supervision and management of market quality and safety of agricultural products, including supervision and sampling, vegetables, fruits and other food for pesticide residue testing, supervise the wholesale market operators to implement the quality and safety of agricultural products testing system.
Article XII of the animal husbandry and fisheries departments are responsible for the supervision and management of the market quality and safety of livestock and poultry products, including supervision and sampling, quarantine inspection of livestock and poultry products.
Article XIII of the construction, public security and fire safety, safety supervision and other departments in accordance with the law on the farmers' market building safety, fire safety and other production safety supervision and management.
Article XIV of the environmental protection, health, real estate, food and drug supervision and other relevant departments, in their respective areas of responsibility in accordance with the supervision and management of farmers' markets.
Chapter III market operators
Article XV of the farmers market shall be registered according to law, receive a business license. Farmers market without name approval registration shall not attract investment, rent.
Article XVI of the market operator in accordance with the law to operate independently, collecting space, facilities, rent and other related services, the right to refuse illegal fees and amortization, enjoy the legal rights granted by laws and regulations.
Article XVII of the market operator is the first person responsible for the management of farmers' markets, farmers' market hardware and facilities construction, maintenance and market order, market hygiene, food safety, fire safety, building safety management responsibility.
Article 18 of the market operator should be set up in the market market service management organization, equipped with service management personnel, wearing signs on duty. In the market office space hanging business license, tax registration certificate and other business permits, and set up in the market in a prominent position to publicize the market service management agency name, management personnel division of labor, market management system. Market management system by the city farmers market management leading group office is responsible for developing.
The market operator should be set up in the market to receive complaints, accept consumer complaints and mediation, to assist the relevant departments to deal with trade disputes.
Article 19 of the market operator shall review the admission of food operators license, clear admission of food operators of food safety management responsibility, regular admission of food operators of the business environment and conditions of inspection, found that food operators have violated the "Chinese People's Republic of China *** and the State Food Safety Law" provisions of the act, should be stopped in a timely manner and immediately reported to the local county-level industry and commerce administration department or food and drug supervision and management department.
The market operator fails to fulfill the obligations set out in the preceding paragraph, this market food safety accidents, shall bear joint and several liability.
Article 20 of the market operator should be with the local administration for industry and commerce and the field operators signed a food quality and safety responsibility, clear market operators, operators of food safety responsibilities.
Article 21 of the market operator shall enter into a written contract with the field operators. Contracts should be clear product safety responsibilities, consumer dispute resolution, illegal business responsibilities, security and fire safety, family planning, market sanitation, breach of contract and handling and termination of the contract conditions and other matters.
Article 22 of the farmers' market shall establish and improve the purchase inspection and acceptance, inspection and testing vouchers, records and preservation of purchase and sales ledgers and other systems, the quality and safety of agricultural products sold from the market is responsible.
Agricultural products market shall require the admission of agricultural products sellers to submit a valid certificate of origin inspection or pollution-free agricultural products, green food, organic food certification mark (hereinafter collectively referred to as valid certificates of conformity), carefully check and be recorded.
Agricultural products market should be equipped with testing equipment and testing technicians or commissioned by the statutory testing organizations for testing. Sellers can not hand over valid certificates of conformity of agricultural products, should be tested and qualified before sales; test failed, and promptly report to the administration for industry and commerce or agricultural administrative departments to deal with.
Article 23 The market operator shall maintain market environmental health, strengthen environmental health promotion, establish and improve the market cleaning system, timely removal of sewage, garbage and waste, to maintain a clean and sanitary field, excellent environment.
Article 24 of the market operator shall ensure market fire safety, and the operators signed a security, fire safety responsibility, clear security, fire safety responsibilities. Clear security disputes mediator, timely stop disturbing the market and jeopardize the market emergencies, maintain law and order. Clearly define the person responsible for fire fighting, equip with full-time and part-time fire-fighting personnel, and inspect the safety and fire-fighting facilities at regular intervals. Equipped with fire-fighting equipment and devices in line with fire-fighting standards. Do not allow indiscriminate pulling, building, wiring and alteration of power supply devices to ensure the safe use of electricity.
The market operator should always check the market buildings (structures) of the safety of the use of the situation, the existence of potential safety hazards, should be entrusted with the statutory qualification of the housing safety appraisal unit of the market buildings (structures) safety appraisal, take measures to eliminate buildings (structures) safety hazards in a timely manner.
Article 25 of the market operator to set up emergency response agencies, develop emergency response plan, clear personnel responsibilities and emergency response process, and refine the division of labor, the implementation of responsibilities to ensure the smooth implementation of the emergency response plan.
Article 26 The market operator shall be used in the field of measuring instruments register, and reported to the local quality and technical supervision departments for the record, requiring the field operators to apply for periodic calibration of the designated metrological institutions, supervise the operators in accordance with the law the correct use and maintenance of measuring instruments, prohibit the use of state-ordered elimination of measuring instruments, prohibit the use of unqualified or unqualified measurement of measuring instruments behavior.
Secondly, the company's business is to promote the use of the market.
Article 27 The market operator shall not provide business premises, storage, warehousing, transportation and other conditions for the unlicensed operation of the field operators and the sale of counterfeit and shoddy goods and other illegal activities. Market operators found that the market operators have illegal business behavior, shall promptly stop and urge to correct; urge not to change shall be reported to the relevant administrative departments, requesting investigation and punishment in accordance with the law.
Market operators directly involved in the field of business, market registration, should also be approved when the relevant business projects, and shall not use its management services and other operators to unfair competition.
The market operator may set up a special area in the market for farmers to sell self-produced agricultural and sideline products for consumers to choose. Farmers selling self-produced agricultural products in the market shall operate in the special area designated by the market operator.
Article 28 of the financial investment in the construction or upgrading of farmers' markets, non-planning adjustments, shall not change the scope of business or closed, shall not change the farmers' market construction or upgrading of the functional layout of the market determined. Farmers' markets need to be relocated, merged, turned or closed due to planning adjustments, should be handled in accordance with the following procedures:
(a) the market operator to submit a written application;
(b) by the district administration for industry and commerce department of the initial review, the district farmers' market management leading group review and approval, reported to the municipal people's government for approval;
(c) after approval, the market The operator shall notify the operators of the market within one month before turning or closing. Retail-oriented farmers' markets, should also be posted at the entrance to the market one month in advance;
(d) the market operator should be a full refund of all levels of financial investment in the construction or upgrading funds.
Non-financial investment in the construction of farmers' markets need to be changed or canceled, should be made within 30 days from the date of the decision to change to the administration for industry and commerce for change, cancel procedures.
Article 29 of the transfer of financial investment in the construction or upgrading of farmers' markets, by the district business sector in conjunction with the industry and commerce administration agreed to the initial examination, reported to the regional people's government for approval. The transferee shall, within 30 days from the date of approval to the administrative department for industry and commerce for registration of changes.
After the transfer has taken place, the transferee shall follow the provisions of these Measures, enjoy the rights of the market operator and fulfill the obligations of the market operator in accordance with the law.
Chapter IV field operators and business activities
Article 30 The field operators should be honest and trustworthy, lawful business, fair competition, comply with the market management system, consciously maintain market order.
On-site operators shall not operate in the market prohibited by laws, rules and regulations of the goods, shall not engage in the market prohibited by laws, rules and regulations of the activities.
Article 31 The operators in the market shall independently determine the prices of agricultural and sideline products in accordance with the law, and shall have the right to reject illegal charges and amortization, and shall enjoy the rights conferred by laws and regulations.
Article 32 of the field operators should be licensed to operate, and in its place of business in a prominent position hanging business license, tax registration certificate and other permits. Farmers in the marketplace to sell homegrown agricultural products, do not apply for the license provided for in the preceding paragraph. Laws and regulations provide otherwise from its provisions.
Article 33 of the field operators for commodity trading measuring instruments must be mandatory periodic calibration, shall not use the unchecked or unqualified measuring instruments. The establishment of a quantitative acceptance of packaged goods system to ensure that the net content of goods in line with relevant laws and regulations, the correct use of national legal units of measurement.
Article 34 of the field operators to keep the goods stacked neatly, unobstructed access, not allowed to occupy the road, littering.
Article 35 of the field operators to purchase goods, should establish and implement the purchase inspection and acceptance system, should check the license of the buyer and product certification and other identification, truthful record of the name of the goods, specifications, quantity, production lot number, shelf life, supplier name and contact information, date of purchase and other information.
Incoming inspection records should be true, food purchase records, bills retention period shall not be less than two years, other commodities should be sold out in the commodity within six months after the preservation of the source of proof of purchase bills, documents and so on.
Chapter V Supervision and Management
Article 36 The people's government at all levels shall set up a leading group for the management of farmers' markets. The office of the leading group shall be located in the administration for industry and commerce at the same level.
Article 37 All levels should establish and improve the farmers' market target management assessment system, regularly organize the farmers' market and market supervision units for target management assessment, the results of the assessment of the people's government of the districts, the street offices and the relevant administrative departments at all levels of the annual performance appraisal of the important basis. Farmers market management work at all levels of the leading group can be assessed to the farmers market, management units to give incentives, the source of funding into the government budget at all levels.
Assessment methods and scoring standards by the city farmers market management leading group office is responsible for developing, reported to the leading group for approval and implementation.
Article 38 of the industrial and commercial administrative organs and other relevant administrative organs, according to the needs of the work, may be set up in the market management station (point) or stationed personnel. Administration for industry and commerce shall be set up in the market in a prominent position to meet the requirements of the review of measuring instruments.
Article 39 The relevant administrative departments of administrative law enforcement officers in the performance of official duties, must show the relevant law enforcement documents. Failure to show law enforcement documents, the relative right to refuse to accept the inspection.
Administrative departments in accordance with their duties to enter the farmers' market supervision and inspection according to law, and found that other departments should be investigated and dealt with violations, shall promptly inform the relevant administrative departments.
Article 40 of the administrative departments in the illegal behavior involving farmers' markets to impose administrative penalties, shall be sent to the same level of farmers' market management leading group office of the instruments of punishment.
Chapter VI Legal Liability
Article 41 The market operator, the field operators without a business license or business license but beyond the approved scope of business engaged in production and business activities, by the administration for industry and commerce in accordance with the "Chinese People's Republic of China * * * and the State Company Law", "unlicensed business investigation and banning measures" and other relevant laws and regulations shall be investigated and dealt with; the field operators have illegal transactions Behavior, by the administration for industry and commerce in accordance with the "People's Republic of China *** and the State Anti-Unfair Competition Law" and other laws and regulations to be investigated and dealt with.
Market operators, field operators violate fire safety management regulations, failure to fulfill the responsibility of fire safety management or other illegal acts, by the public security, fire department in accordance with the "Chinese People's *** and the State Fire Services Law", "Chinese People's *** and the State Administration of Public Security Penalties Law", "Hunan Province, the public gathering places, fire safety management measures" and other laws and regulations to be investigated and dealt with.
Operators in the field of violation of the provisions of the quality of goods management, production and sale of state-prohibited production and operation of food, substandard commodities, or other violations of the law, by the industry and commerce, quality supervision, health, agriculture, animal husbandry and fisheries and other departments in accordance with their respective responsibilities to be investigated and dealt with.
The market operator fails to fulfill the responsibility for the management of cityscape and environmental sanitation, and the environmental sanitation in the market is unqualified, the urban management and law enforcement departments will be investigated and dealt with according to the "Changsha City Cityscape and Environmental Sanitation Management Measures".
If the market operator fails to fulfill the responsibility of production safety management, the safety supervision department shall investigate and deal with it in accordance with the Law of the People's Republic of China on Production Safety and other laws and regulations.
Market operators in violation of the provisions of Article 28, without the approval of the municipal people's government, relocation, merger, turn or closure of farmers' markets, or change the functional layout of farmers' markets, by the business sector in conjunction with the industry and commerce departments shall be investigated and dealt with according to law.
Market operators, field operators have other violations, by the relevant administrative departments in accordance with their duties to be investigated and dealt with.
Chapter VII Supplementary Provisions
Article 42 The management of farmers' markets in the counties (cities) under the jurisdiction of the city may refer to the implementation of these measures.
Article 43 These Measures shall come into force on September 1, 2015 .