China Measures for Monopoly of Table Salt

· Document Number：Order No. 696 of the State Council

· Area of Law： Trade & Commerce

· Level of Authority： Administrative Regulations

· Date issued：12-26-2017

· Effective Date：12-26-2017

· Status： Effective

· Issuing Authority： State Council

Order of the State Council
(No. 696)
The revised Measures for Monopoly of Table Salt are hereby issued, and shall come into force on the date of issuance.
Premier: Li Keqiang
December 26, 2017
Measures for Monopoly of Table Salt
(Issued by Order No. 197 of the State Council of the People's Republic of China on May 27, 1996, revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013, and revised by Order No. 696 of the State Council of the People's Republic of China on December 26, 2017)
Chapter I General Provisions
Article 1 These Measures are developed for the purposes of strengthening the administration of table salt, guaranteeing the effective implementation of the scientific addition of iodine to table salt, ensuring the quality and supply safety of table salt, and protecting the health of citizens.
Article 2 The state exercises monopoly control of table salt.
For the purpose of these Measures, “table salt” means the salt which is directly edible and used in the production of food.
Article 3 These Measures shall apply to the production, sale and reserve of table salt within the territory of the People's Republic of China.
Article 4 The competent department of the salt industry of the State Council shall take charge of the work on salt industry nationwide, and be responsible for the administration of table salt monopoly nationwide. The competent departments of the salt industry determined by the local people's governments at or above the county level shall be responsible for the administration of table salt monopoly within their respective administrative regions.
The food and drug supervision and administration department of the State Council shall be responsible for the supervision and administration of the table salt quality safety nationwide. The table salt quality safety supervision and administration departments determined by the local people's governments at or above the county level shall be responsible for the supervision and administration of table salt quality safety within their respective administrative regions.
Article 5 The competent departments of the salt industry shall strengthen the administration of industrial salt and other non-edible salt, and prevent the flow of non-edible salt into the table salt market.
Article 6 The competent department of the salt industry of the State Council shall, in conjunction with the relevant departments, strengthen the credit administration of table salt production and wholesale enterprises and their directors, supervisors, and senior executives, establish and improve credit information recording and publication systems, and improve the credit level of the table salt industry.
Article 7 The salt industry organizations legally formed shall, in accordance with laws, administrative regulations and their bylaws, protect the legitimate rights and interests of enterprises, strengthen industry self-regulation, boost enterprises to operate in good faith in accordance with the law, and guide the fair competition of enterprises.
Chapter II Production of Table Salt
Article 8 The state implements a system of designated production of table salt. Non-designated table salt production enterprises are not permitted to produce table salt.
Article 9 The competent departments of the salt industry of the people's government of provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the requirements for unified planning and reasonable layout, determine upon approval the designated table salt production enterprises, issue the certificates for designated table salt production enterprises to them, disclose to the public the lists of designated table salt production enterprises in a timely manner, and report to the competent department of the salt industry of the State Council for recordation.
Article 10 Designated table salt production enterprises and non-edible salt production enterprise shall establish the production and sales record system to truthfully record and retain the relevant certificates. Records and certificates shall be retained for not less than two years.
Relevant marks shall be made on the outer packages of table salt in accordance with the relevant provisions, and the packages and marks of non-edible salt shall be clearly distinguished from those of table salt.
Article 11 It is prohibited to produce table salt by boiling well and rock salt brines down to salt.
Chapter III Sales of Table Salt
Article 12 The state implements a system of designated wholesale of table salt. Non-designated table salt wholesale enterprises are not permitted to operate the table salt wholesale business.
Article 13 The competent departments of the salt industry of the people's government of provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the requirements for unified planning and reasonable layout, determine upon approval the designated table salt wholesale enterprises, issue certificates for designated table salt wholesale enterprises to them, disclose to the public the lists of designated table salt wholesale enterprises in a timely manner, and report to the competent department of the salt industry of the State Council for recordation.
Where designated table salt production enterprises apply for operating the table salt wholesale business, the competent departments of the salt industry of the people's government of provinces, autonomous regions, and municipalities directly under the Central Government shall determine them as designated table salt wholesale enterprises and issue the certificates for designated table salt wholesale enterprises to them.
Article 14 Designated table salt wholesale enterprises shall purchase table salt from designated table salt production enterprises or other designated table salt wholesale enterprises, and sell it within the scope as prescribed by the state.
No entity or individual may obstruct or restrict designated table salt wholesale enterprises' sales of table salt within the scope as prescribed by the state.
Article 15 Designated table salt wholesale enterprises shall establish the purchase and sales record system to truthfully record and retain the relevant certificates. Records and certificates shall be retained for not less than two years.
Article 16 Table salt retailers shall purchase table salt from designated table salt wholesale enterprises.
Article 17 The prices of table salt shall be determined by distributors themselves.
The price administrative departments of the local people's government at or above the county level shall strengthen the routine market monitoring of the retail prices of table salt. When the prices of table salt rise significantly or may rise significantly, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may take price intervention or other emergency measures in accordance with the law.
Article 18 The local people's governments at or above the county level shall, in light of the actual circumstances, take necessary measures to ensure the supply of table salt in remote areas and ethnic areas.
Article 19 It is prohibited to sell the table salt that fails to meet food safety standards.
It is prohibited to sell the following products as table salt:
(1) Liquid salt (containing natural brine).
(2) Industrial salt and other non-edible salt.
(3) Salt produced by using saline soil, soil nitrate or industrial waste residues or waste liquid.
(4) Salt made by boiling well and rock salt brines down to salt.
(5) The salt with no mark on the outer package thereof or with the mark that does not comply with the relevant provisions of the state.
Chapter IV Table Salt Reserves and Emergency Management
Article 20 The competent departments of the salt industry of the people's government of provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the supply and demand of table salt within their respective administrative regions, establish and improve table salt reserve system, and assume the table salt reserve responsibility of governments.
Article 21 Designated table salt production enterprises and designated table salt wholesale enterprises shall, according to the requirements of the table salt reserve system, assume the table salt reserve responsibility of enterprises, and maintain a rational stock of table salt.
Article 22 The competent departments of the salt industry shall, in conjunction with the relevant departments, develop the emergency plans for table salt supply, and coordinate in and guarantee the supply of table salt in the case of any emergency.
Chapter V Supervision and Administration
Article 23 The competent departments of the salt industry may take the following measures when performing the supervision and inspection duties in accordance with the law:
(1) Inquiring of the relevant entities and individuals about the relevant information.
(2) Consulting or copying the relevant contracts, bills, account books, purchase and sales records, and other relevant materials.
(3) Seizing or impounding the table salt and raw materials related to the suspected illegal acts of the salt industry, and the tools and equipment used to illegally produce or sell table salt.
(4) Sealing up the places suspected of illegal production or sales of table salt.
Before the measures in items (3) and (4) of the preceding paragraph are taken, a written report shall be filed with the primary person in charge of a competent department of the salt industry for an approval.
The competent departments of the salt industry shall abide by the Administrative Compulsion Law of the People's Republic of China and other relevant laws and administrative regulations in their investigations of suspected illegal acts of the salt industry.
Article 24 The competent departments of the salt industry and the table salt quality safety supervision and administration departments shall perform their respective functions, strengthen coordination, cooperate with each other, achieve information sharing through the government affairs information system, among others, and establish and improve the administrative law enforcement collaboration and cooperation system.
Where any competent departments of the salt industry or table salt quality safety supervision and administration departments find during supervision and administration that any suspected illegal acts are beyond the scope of their powers in accordance with the law, they shall transfer them to the competent departments in a timely manner; and the competent departments shall handle them in a timely manner in accordance with the law, and return the handling results in a timely manner.
Article 25 The competent departments of the salt industry and the table salt quality safety supervision and administration departments shall disclose to the public their contact information to facilitate the public to report illegal acts.
The competent departments of the salt industry and the table salt quality safety supervision and administration departments shall process the reports in a timely manner as legally required after receiving them. In the case of a report with the informant choosing not to withhold its identity, a competent department of the salt industry or a table salt quality safety supervision and administration department shall keep the information on the informant confidential, and notify the informant of the disposition result.
Chapter VI Legal Liability
Article 26 Under any of the following circumstances, the competent department of the salt industry of a local people's government at or above the county level shall ban the violator, and confiscate the table salt illegally produced or distributed and the illegal income. If the amount of the value of the table salt illegally produced or distributed is less than 10,000 yuan, a fine of not more than 50,000 yuan may be imposed thereon; and if the goods value is more than 10,000 yuan, a fine of not less than five times nor more than ten times the goods value shall be imposed thereon:
(1) A non-designated table salt production enterprise produces table salt.
(2) A non-designated table salt wholesale enterprise operates the table salt wholesale business.
Article 27 Under any of the following circumstances, the competent department of the salt industry of a local people's government at or above the county level shall order the violator to take corrective action, and impose a fine of not less than 5,000 yuan nor more than 50,000 yuan thereon; and if the circumstances are serious, the violator shall be ordered to suspend production or operation for rectification, or its certificate for a designated table salt production enterprise or a designated table salt wholesale enterprise shall be even revoked:
(1) A designated table salt production enterprise or a non-edible salt production enterprise fails to retain the production and sales records in accordance with the provisions of these Measures.
(2) A designated table salt wholesale enterprise fails to retain the purchase and sales records in accordance with the provisions of these Measures.
(3) A designated table salt wholesale enterprise sells table salt beyond the scope as prescribed by the state.
(4) Non-edible salt products are sold as table salt.
Article 28 Under any of the following circumstances, the competent department of the salt industry of a local people's government at or above the county level shall order the violator to take corrective action, and confiscate the table salt illegally purchased, and may impose a fine of not more than three times the amount of the value of the table salt illegally purchased thereon:
(1) A designated table salt wholesale enterprise purchases table salt from any entity or individual other than a designated table salt production enterprise or any other designated table salt wholesale enterprise.
(2) A table salt retailer purchases table salt from any entity or individual other than a designated table salt wholesale enterprise.
Article 29 Whoever fails to make a mark in accordance with the provisions of Article 10 of the these Measures shall be ordered to take corrective action by the relevant competent department according to the division of functions, and may be fined not more than 50,000 yuan.
Article 30 If an operator's act violates both the provisions of these Measures and the Food Safety Law of the People's Republic of China, the table salt quality safety supervision and administration department of a local people's government at or above the county level shall punish it in accordance with the Food Safety Law of the People's Republic of China.
Article 31 Where a designated table salt production enterprise or a designated table salt wholesale enterprise is given the administrative punishment of having its certificate for a designated table salt production enterprise or a designated table salt wholesale enterprise for its violation of the provisions of these Measures, its legal representative, directly responsible person in charge and other directly liable persons shall neither engage in table salt production and distribution management activities, nor act as the director, supervisor, or senior executive of a designated table salt production enterprise or a designated table salt wholesale enterprise within five years after the punishment decision is made.
Where a designated table salt production enterprise or a designated table salt wholesale enterprise employs any person in violation of the provisions of the preceding paragraph, the competent department of the salt industry shall order it to take corrective action, and revoke its certificate for a designated table salt production enterprise or a designated table salt wholesale enterprise if it refuses to take corrective action.
Article 32 Whoever violates the provisions of these Measures, which constitutes any violation of public security administration provisions, shall be given a public security administration punishment in accordance with the law; and shall be subject to criminal liability in accordance with the law if a crime is constituted.
Article 33 Where any staff member of a competent department of the salt industry or any other relevant department abuses his power, neglects his duties, or practices favoritism or makes falsification for personal gains, which is criminally punishable, it or he shall be subject to criminal liability in accordance with the law; or if the violation is not criminally punishable, administrative disciplinary action shall be taken against him in accordance with the law.
Chapter VII Supplementary Provisions
Article 34 The supervision and administration of table salt quality safety, and the addition of iodine to table salt shall also be governed by the provisions of the relevant laws and administrative regulations in addition to the provisions of these Measures.
Article 35 The measures for the administration of the salt used in fishery and animal husbandry shall be developed separately by the competent department of the salt industry of the State Council in conjunction with the agriculture administrative department of the State Council.
Article 36 These Measures shall come into force on the date of issuance, upon which the Regulation on the Administration of the Salt Industry issued by the State Council on March 2, 1990 shall be repealed.