Recently, the Guizhou Provincial Market Supervision and Administration Bureau issued a notice on public solicitation of opinions and suggestions on the "Notice of the Provincial Market Supervision Bureau and Other Five Departments on Strengthening the Supervision of Liquor Production Licenses During and After the Event and Strictly Implementing the Withdrawal of Entities in Accordance with the Law (Draft for Comments)" (hereinafter referred to as the "Notice"), and solicited opinions from the public, and the five competent departments of Guizhou Provincial Market Supervision, Public Security, Ecological Environmental Protection, Natural Resources and Taxation will work together to strengthen the supervision of liquor production.
The announcement shows that the Guizhou Provincial Market Supervision and Administration Bureau requires strengthening the supervision of liquor production licenses during and after the event, strengthening daily supervision and inspection, and maintaining the order of the liquor market. Supervision is carried out from eight aspects: strengthening daily supervision and inspection, supervising and urging enterprises to continue to meet the conditions for liquor production licenses, increasing the intensity of sampling and monitoring, severely cracking down on violations of laws and regulations, strengthening environmental protection supervision, strengthening land use management, strengthening tax supervision, strengthening the investigation and handling of illegal and criminal acts, and linking executions.
Specifically, the "Circular" pointed out that it is necessary to severely crack down on price violations, focus on strengthening market inspections and inspections on important holidays, focus on liquor stores, direct sales stores, hotels, supermarkets and other liquor sales markets, severely crack down on illegal liquor market prices, and actively maintain the price order of the liquor market. Severely crack down on acts of unfair competition and pyramid schemes, carrying out pyramid schemes under the guise of selling the original equity of enterprises in the name of operating liquor, and other illegal and criminal acts, and investigate and deal with acts of unfair competition such as counterfeiting and confusion and false publicity in accordance with law. Severely crack down on illegal acts of online trading, actively urge online trading platforms in the province to perform their main responsibilities, strengthen the monitoring of liquor online transactions, and investigate and deal with illegal acts such as false transactions, inflating liquor prices, and infringing on the legitimate rights and interests of consumers in online transactions in accordance with law.
In terms of liquor publicity, strengthen the monitoring of liquor market advertisements, and severely crack down on commercial speculation through major festivals, the production of "special" and "exclusive" liquor, the promotion of drinking behavior, and the false release of advertising information. Severely crack down on infringement and counterfeiting, focusing on investigating and punishing the liquor industry's infringement of the exclusive right to use trademarks, the manufacture and sale of counterfeits, as well as providing convenient conditions such as warehousing, transportation, design, and printing for infringing the exclusive right to use trademarks of others, and helping others to carry out illegal acts of infringing the exclusive right to use trademarks. The liquor industry will focus on investigating and punishing infringement of the exclusive right to use trademarks and the manufacture and sale of counterfeits. It is worth noting that providing convenient conditions such as warehousing, transportation, design, and printing for infringing the exclusive right to use a trademark of others, and helping others to carry out illegal acts of infringing the exclusive right to use a trademark are also within the scope of cracking down.
It is understood that in 2020, the public security organs in Guizhou Province launched 45 Moutai liquor cluster battles, 50 cases of infringement of the intellectual property rights of Moutai liquor were filed, 39 cases were solved, 105 criminal suspects were arrested, 39 counterfeit and storage dens were destroyed, 10605 bottles of counterfeit Moutai liquor were seized and seized, 674 bottles of high-end liquor such as 1988 were stored in the xijiu cellar, and 2354 bottles of virtual special liquor were seized.
In terms of food safety, we will severely crack down on illegal and criminal acts such as the production and processing of liquor using non-food raw materials such as methanol and industrial alcohol, strictly investigate and deal with the production and sale of counterfeit and shoddy liquor black dens, black workshops, as well as illegal and illegal acts such as not obtaining liquor production licenses or not producing liquor according to the scope of the license, and seriously pursue responsibility for major food safety incidents, strictly follow the requirements of laws and regulations, and strictly implement the "punishment to the person" requirement in accordance with the law.
In addition, the Notice mentions that the withdrawal of market entities will be strictly implemented in accordance with the law, including:
Liquor enterprises falsely declare their registered capital, submit false materials, or use other fraudulent means to conceal important facts to obtain company registration; they fraudulently use the name of a limited liability company or joint-stock limited company without being registered as a limited liability company or joint-stock limited company in accordance with law; they fail to open their business for more than six months without a legitimate reason after the establishment of the company, or they cease business for more than six consecutive months after opening; and the circumstances of using the company's name to engage in illegal acts that endanger national security and the social public interest are serious. If there are any of the above circumstances, the business license may be revoked in accordance with law.
Where the production and operation of a liquor enterprise does not conform to laws, regulations or food safety standards, or the illegal production and operation of liquor enterprises is serious, the liquor production license may be revoked in accordance with law; if it has been ordered to stop production and business three times in a year and punished other than the revocation of the license for violating the law, the liquor production license may be revoked in accordance with law.
Where a liquor enterprise's food production license expires and does not apply for renewal, the food production license is withdrawn or revoked in accordance with law, or the food production license is revoked in accordance with law, the food production license cannot be implemented due to force majeure, etc., the food production license may be cancelled in accordance with law.
Where liquor enterprises violate the requirements of the pollutant discharge permit in excess of the standard, discharge pollutants in excess of the total amount, or illegally discharge pollutants through hidden pipes, seepage wells, etc., as well as by evading supervision such as not operating environmental protection facilities normally, they shall be ordered to make corrections or implement production restrictions, suspension of production and rectification in accordance with law, and a fine shall be imposed;
The land illegally approved for use by liquor enterprises shall be recovered in accordance with law.
Where a liquor enterprise commits a crime due to tax evasion, false invoicing, or other tax-related violations, it shall be transferred to the public security organ for filing and investigation, and after the court makes a guilty judgment, its business license and food production license shall be revoked in accordance with law.
Where liquor enterprises' production and operation and other illegal conduct are investigated by the public security departments, and the court makes a guilty judgment, the business license and food production license shall be revoked in accordance with law.
Source: Securities Times
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