Cotton Quality Supervision Regulations

Chapter 1 General Provisions

Article 1 These Regulations are formulated in order to strengthen the supervision and management of cotton quality, maintain the order of the cotton market, and protect the legitimate rights and interests of the parties involved in the cotton transaction.

Article 2 The cotton business operators (including cotton acquirers, processors, sellers, reserve holders, the same below) are engaged in cotton business activities, and the cotton quality supervision agencies must supervise and administer cotton quality and must abide by this Regulation.

Article 3 Cotton business operators engaged in cotton processing and business activities shall obtain qualifications according to relevant state regulations.

Cotton managers should establish and improve the internal management system for cotton quality, and strictly implement post quality standards, quality responsibility and corresponding assessment methods.

Article 4 The State Council’s quality supervision, inspection, and quarantine department is in charge of the nationwide cotton quality supervision work, and its China Fiber Inspection Agency is responsible for organizing and implementing it.

The quality supervision departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the supervision of cotton quality within their respective administrative regions. Where specialized fiber inspection agencies are established, professional fiber inspection agencies shall supervise cotton quality within their jurisdiction; where there is no professional fiber inspection agency, the quality supervision department shall supervise the quality of cotton within its jurisdiction (professional When the fiber inspection agency and the local quality supervision agency are used side by side, they are collectively referred to as the cotton quality supervision agency.

Article 5 The local people's governments at all levels and their staff may not harbour or condone the cotton quality violations in the area, or obstruct or interfere with the behavior of the cotton quality supervision institution in violation of these regulations in the acquisition, processing, sale, and storage of cotton. Conduct investigations.

Article 6 Any unit or individual shall have the right to report any violation of cotton quality.

Chapter II Cotton Quality Obligations

Article 7 Cotton business operators shall purchase cotton, establish and improve the quality inspection and acceptance system of cotton purchases, and possess the equipment and tools necessary for the physical standards of the grade and the quality inspection of cotton.

When a cotton operator acquires cotton, he shall, in accordance with national standards and technical specifications, determine the type, grade, and quantity of the purchased cotton after excluding foreign fibers and other harmful substances; if the acquired cotton exceeds the national standard for moisture, it shall be air-dried and baked. Dry and other technical processing to ensure the quality of cotton.

Cotton managers should put the acquired cotton in categories and grades.

Article 8 Cotton managers processing cotton must meet the following requirements:

(1) According to national standards, the heterosexual fibers and other harmful substances in processed cotton are sorted out and eliminated;

(2) According to the national standards, the cotton is graded and processed, and the processed cotton is packaged and labeled with identification. The identification should be consistent with the quality of the cotton;

(3) According to national standards, the processed cotton shall be placed in packages and placed in batches.

Cotton operators must not use the roller machines, ginning machines, balers and other cotton processing equipment that are prohibited by the state from processing cotton.

Article 9 Cotton managers selling cotton must meet the following requirements:

(1) Each batch of cotton is accompanied by quality certificate;

(2) The cotton packaging and marking conform to the national standards;

(3) The categories, grades, weights and certificates of quality and identity of cotton are in conformity with each other;

(4) The notarized cotton shall be accompanied by a notary inspection certificate, in which the national reserve cotton shall be pasted with the notarization inspection mark.

Article 10 Cotton managers who store and store state-reserved cotton shall establish and improve the system for checking and checking the quality of cotton storage and delivery, and ensure the categories, grades, quantities, and notary inspection certificates and notarization of state reserves of imported and exported goods. Flags match.

Cotton managers who store and retain state-reserved cotton should maintain and maintain the storage facilities in accordance with state regulations, so as to ensure the quality of the national reserve cotton from the quality variation caused by human factors.

Cotton operators must not store and export cotton that has not been subjected to the notarization of cotton quality as national reserve cotton.

The government agencies and their staff may not force the cotton operators to store the cotton that has not been subjected to the notarization of cotton quality as a national reserve cotton.

Article 11 Cotton business operators who purchase, process, sell, and store cotton must not forge, alter or use cotton quality certificates, identifications, notarization certificates, notarization inspection marks.

Article 12 It is forbidden for cotton operators to adulterate, substandard, and falsify cotton in the business activities of acquisition, processing, sales, and storage.

Chapter III Cotton Quality Supervision

Article 13 The state implements a system for the certification of the quality of cotton.

The “quality inspection of cotton quality” mentioned in the preceding paragraph refers to the inspection of the quality and quantity of cotton according to the national standards and technical specifications, and the issuing of a notarization certificate.

Article 14 A cotton operator sells cotton to a cotton company. Before either party to the transaction settles the cotton transaction, it may entrust a professional fiber inspection agency to conduct a notarization inspection of the traded cotton; after a notarization inspection, the cotton is issued by a professional fiber inspection agency. The quality certificate inspection certificate is used as the basis for cotton quality and quantity.

Article 15 The storage and delivery of national reserve cotton shall be subject to the notarization of the quality of cotton. After the notarization inspection, a professional fiber inspection agency shall issue a certificate for the inspection of the quality of cotton as the national fiscal expenditure for the storage of the national reserve cotton. in accordance with.

The state-reserved cotton that has been notarized and tested shall be affixed by a professional fiber inspection agency with a notarized inspection mark uniformly prescribed by the China Fiber Inspection Agency.

Article 16 The professional fiber inspection agency must carry out the national standards and inspection methods, technical specifications and time requirements for the quality certification of cotton, and ensure that it is objective, fair and timely. The cotton quality certification inspection certificate issued by a professional fiber inspection agency should truly and objectively reflect the quality and quantity of cotton.

The content of the cotton quality notarization inspection certificate shall include: product name, inspection (delegation) unit, batch number, number of packages, inspection basis, inspection result, inspection unit, inspection personnel, etc.

The format of the certification certificate for cotton quality inspection shall be stipulated by the quality supervision inspection and quarantine department of the State Council.

Article 17 No fee shall be charged for the professional fiber inspection agency for the implementation of the cotton quality inspection. The necessary inspection expenses shall be paid in accordance with the relevant regulations of the State.

Article 18 The State Council’s quality supervision, inspection, and quarantine department shall, throughout the country, supervise and inspect the cotton organizations that have passed the cotton quality inspection, and the quality supervision departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall, in their own administrative areas, test cotton that has not passed the cotton quality inspection. Organize supervision and inspection.

The content of the supervision and inspection is: whether the cotton quality inspection certificate and the notarization inspection mark are in line with the actual object; whether the cotton quality inspection conducted by the professional fiber inspection organization is objective, fair and timely.

The samples required for supervised random inspection shall be randomly selected from the retained samples of the notarized inspection, and the inspection conclusion shall be made within 10 days from the date of sample withdrawal.

Article 19 The cotton quality supervision institution may perform the supervision and inspection on the cotton purchased, processed, sold, and stored on the site outside the cotton quality inspection.

The content of the supervision and inspection is: whether the quality, quantity, and packaging of cotton meet the national standards; whether the cotton identification and quality certificate are in line with the actual object.

Article 20 During the process of cotton quality supervision and inspection, the cotton quality supervision institution may exercise the following powers when investigating suspected violations of the provisions of this regulation based on evidence of suspected violations or reports:

(1) Perform on-site inspections of places suspected of engaging in business activities that violate these Regulations;

(2) To investigate and understand the relevant personnel of the cotton business unit in connection with the suspected involvement in business activities in violation of this Regulation;

(3) inspecting and copying contracts, bills, account books and other materials related to cotton operations;

(4) Equipment and tools for cotton suspected of being adulterated, shoddy, false or otherwise having serious quality problems, and cotton specifically used for the production of adulterated, shoddy, and false cotton Be seized or detained.

Article 21 The cotton quality supervision agency may inspect the quality of cotton according to the needs of supervision and inspection; the samples required for inspection shall be randomly selected from the cotton acquired, processed, sold, and stored according to the relevant national standards, and shall be self-extracted and inspected. The conclusion of the inspection was made within 3 days from the date of the sample.

No fees may be charged for inspections conducted in accordance with the provisions of the preceding paragraph. The necessary inspection fees shall be paid in accordance with the relevant regulations of the State.

Article Twenty-two cotton operators, cotton companies in accordance with these regulations in accordance with the provisions of the quality of the cotton inspection and cotton quality supervision and inspection of the implementation of inspection results have objections, you can receive the inspection results within 5 days from the date of the province, The cotton quality supervision agency of the autonomous region or municipality directly under the Central Government or the China Fiber Inspection Agency shall apply for re-inspection; the cotton quality supervision agency of the province, autonomous region, or municipality directly under the Central Government or the China Fiber Inspection Agency shall make a re-inspection conclusion within 7 days from the date of receipt of the application and inform the application. people. If cotton operators or cotton companies still have objections to the conclusion of the re-inspection, they may file a lawsuit with the people's court according to law.

Article 23 Other fiber inspection agencies approved by the State Council’s quality supervision, inspection, and quarantine agency may be entrusted to engage in the cotton quality inspection business. The specific measures shall be prescribed by the quality supervision inspection and quarantine department of the State Council in conjunction with the relevant departments of the State Council.

Chapter 4 Penalties

Article 24 The acquisition of cotton by cotton business operators violates the provisions of paragraphs 2 and 3 of Article 7 of these Regulations, and determines the type and grade of cotton purchased after the elimination of foreign fibers and other harmful substances in accordance with national standards and technical specifications. , the amount, or the cotton that has not been subjected to technical treatment for cotton that exceeds the national standard for moisture content, or the purchased cotton is not placed in categories or grades, the cotton quality supervision agency shall order it to correct it, and may be placed under 30,000 yuan. fine.

Article 25 Cotton operators who process cotton are in violation of the provisions of the first paragraph of Article 8 of these Regulations. They do not sort and eliminate foreign fibers and other harmful substances according to national standards, and do not grade and process cotton according to national standards. If the mark is marked, or if it is not placed in batches and packages in accordance with national standards, the cotton quality supervision agency shall order it to make corrections, and may impose a fine of not more than 100,000 yuan depending on the circumstances; if the circumstances are serious, the original qualification authority shall cancel the cotton. Processing qualification.

Where a cotton operator processes cotton in violation of the provisions of paragraph 2 of Article 8 of these Regulations and uses the cotton processing equipment prohibited by the State, the cotton quality supervision agency shall confiscate and supervise the destruction of the prohibited cotton processing equipment, and the actual value of the illegal equipment shall be 2 If the circumstances are serious, the original qualification authorities will cancel their cotton processing qualifications.

Article 26 The sales of cotton by cotton business operators violates the provisions of Article 9 of the present Regulations. The cotton sold has no quality certificate, or its packaging and logos do not conform to the national standards, or the quality certificate or logo is inconsistent with the actual product, or it is notarized and inspected. If the cotton does not have a notary inspection certificate and the state reserve cotton has not been pasted on the notarization inspection mark, the cotton quality supervision agency shall order it to make corrections, and may impose a fine of not more than 100,000 yuan on the circumstances.

Article 27 Cotton managers who store and retain state-reserved cotton violate the provisions of paragraphs 1, 2 and 3 of Article 10 of these Regulations, and have not established a system for inspection and acceptance of the quality of cotton for storage or delivery, or they have been put in storage. The physical state of the cotton from the national reserve cotton that is out of the warehouse is inconsistent with the notarization certificate or sign, or maintenance or maintenance of the storage facility in accordance with state regulations, resulting in variability in the quality of the state reserve cotton, or the storage of cotton that has not been notarized as national reserve cotton. In the case of libraries, the cotton quality supervision agency shall order it to make corrections and may impose a fine of 100,000 yuan or less; if serious losses are caused, the responsible supervisors and other directly responsible personnel shall be given disciplinary sanctions above the degraded level; if a crime is constituted, criminal responsibility shall be investigated according to law. .

Article 28 Where a cotton operator hides, transfers or destroys articles seized or detained by a cotton quality supervision institution, the cotton quality supervision agency shall be punished by concealing, transferring, or damaging the value of the value of the goods 2 times or more and 5 times or less; Constitute a crime, be held criminally responsible.

Article 29 If a cotton operator violates the provisions of Article 11 of these Regulations and falsifies, falsifies, or fraudulently uses cotton quality certificates, labels, notarization certificates, notarization and inspection marks, the cotton quality supervision agency shall be responsible for over 50,000 yuan. If the circumstances are serious, the administrative department for industry and commerce shall revoke the business license; if it constitutes a crime, criminal responsibility shall be investigated according to law.

Article 30 If a cotton operator violates the provisions of Article 12 of these Regulations and engages in adulteration of cotton products, shoddy goods, and misrepresentation in a cotton business operation and constitutes a crime, it shall be prosecuted for criminal responsibility according to law; it shall not constitute a crime. , The cotton quality supervision agency confiscated the adulteration, shoddy, false cotton and illegal income, imposed a fine of not less than 2 times but not more than 5 times the amount of the illegal goods, and transferred it to the administrative department of industry and commerce to revoke the business license. .

Article 31 Where a professional fiber inspection agency violates the provisions of Article 16 of these Regulations, and does not implement the national standards and inspection methods, technical specifications or time requirements, or the cotton quality certification inspection certificate issued is not true or objective, The State Council's quality supervision, inspection, and quarantine department or local quality supervision department shall order corrections; the responsible supervisors and other directly responsible personnel shall be given administrative sanctions for demotion or dismissal.

Article 32 If a professional fiber inspection agency receives a notary inspection fee in violation of the provisions of Article 17 of these Regulations, the quality supervision, inspection, and quarantine department of the State Council or the local quality supervision department shall order it to return the notarization inspection fee collected; And other directly responsible personnel shall be given administrative punishments that are greater than or degraded.

Article 33 If a professional fiber inspection agency fails to carry out a notarization inspection to compile, issue a notary inspection certificate or stick a notarization inspection mark, and the fraud is falsified, the quality supervision and inspection and quarantine department of the State Council or the local quality supervision department shall be responsible to the person in charge and other direct responsibility. Personnel are given administrative sanctions for demotion or dismissal according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 34 Government agencies and their staff violate the provisions of Article 10, paragraph 4 of these Regulations by forcibly ordering the storage of cotton that has not been notarized as a national reserve cotton into the warehouse and out of the warehouse. The directly responsible personnel shall be given administrative sanctions for demotion or dismissal.

Article 35. Government agencies and their staff members shall shield and condone the cotton quality violations in the region, or obstruct or interfere with the inspection of violations of these Regulations by the cotton quality supervision agencies, and shall be given administrative sanctions for demotion or dismissal according to law; Constitute a crime, be held criminally responsible.

Article 36 The amount of cotton value specified in Articles 28 and 30 of these Regulations shall be calculated according to the value of the cotton purchased or processed and sold in violation of the law, or the settlement bill; if there is no ticket price or settlement bill, the cotton market of the same type shall be used. Price calculation.

Article 37 The administrative penalties for the implementation of fines in accordance with the provisions of these Regulations shall, in accordance with the provisions of relevant laws and administrative regulations, separate the fines decision from fines, and the fines collected must be turned over to the State Treasury.

Chapter 5 Supplementary Provisions

Article 38 The quality supervision and management of wool, wool, silk, and hemp fibers shall be conducted in accordance with this Regulation.

Article 39 These Regulations shall come into force as of the date of promulgation.