Regulations on the protection of Eastern Foot of Helan Mountain Wine Region in Ningxia Hui Autonomou
2012-12-20 10:05 Source£º
China Wine Online Author:
The first wine region protection regulations in China was issued by Ningxia Hui Autonomous Region.The development of Ningxia wine industry will under law regulations.There are totally 39 articles of 6 chapters.
On Dec. 5, 2012, Regulations on the protection of Eastern Foot of Helan Mountain Wine Region in Ningxia Hui Autonomous Region was approved on the 33th conference of the 10th session of Ningxia Hui Autonomous Region People's Congress Standing Committee.
Chapter 1 General rules
Article 1 In order to protect and rationally develop the resources in eastern foot of helan mountain wine region, (hereinafter referred to region) as well as guarantee the region¡¯s grape and wine quality and brand reputation, according to some relevant laws and regulations, then formulate the regulations combined with the local specific situation.
Article 2 To carry on grape industry project construction, wine grape cultivation, wine production, operation and some other related management activities in the region shall be governed by this regulation.
Article 3 The region referred in this regulations is the protected origion of eastern foot of Helan Mountain wine, the national protected geographic indication products.
Article 4 To develop and protect this region should adhere to such principles of ecological protection, unified planning, characteristic development, and high-end .
Article 5 Governments of the autonomous region and the districts shall strengthen their leadership of the region protection, establish and perfect the coordination and protection mechanisms of grape industry development.
Article 6 Grape industry authorities of the people's government of the autonomous region are responsible for the guidance of production work , coordination and daily management work.
Other relevant departments shall also do the protection work, according to their respective functions and duties.
Article 7 The autonomous region encourage to use some advanced technologies, improve the quality of grapes and wines, as well as strengthen international communication and cooperation.
Chapter 2 Planning and Construction
Article 8 Grape industry authorities of people's government of the autonomous region, shall formulate region protection plans with relevant departments and submit to people's government of autonomous region for approval then put into action.
Relevant departments of Autonomous region shall make some special plans on infrastructures like water, water, electricity, road, gas etc;construction of shelter forest, grape nursing, grape bases,and tourism, then submit to people's government of autonomous region for approval and put into action.
Article 9 People's governments in this region shall delimit the areas of mining, restricted mining and forbidden minging of gravels and building stones in accordance with the mineral resource plannings.
Article 10 It is prohibited to construct new project of chemical, pharmacy,mining, scale breeding and heavy metal emissions which may cause soil, water, air pollutions and some impacts on grape industry.
Some completed projects in this region which have caused the soil, water quality, air pollution and impacts on grape industry shall be ordered to make rectification within a time limit in accordance with law.
Some approved projects should take protective measures to control dust, noise, waste gas, waste water, solid waste pollutions which may damage natural environmental.After the construction, the construction unit shall timely restore natural environment of construction site.
Article 11 The autonomous region adopts access system for the application of grape industry project in this region.
The construction project first should go through preliminary examination of investment department of above the county level people's government, then submit to people's government of autonomous regional for approval.
For the newly-built, rebuilt and expansion winery project, first it should go through the preliminary examination of investment department of municipal people's government. Then the grape industry authorities of autonomous region will organize review meetings for that. After the approval of people's government of the autonomous regional approval, there can be the construction.
Article 12 Wine production enterprises in the region shall meet the following conditions:
(1) site selection meet the national standards;
(2) with sizable self-built or co-built grape bases, and use the region grapes for their wines;
(3) grapes meet the food safety standards, and have traceability; with certain wine production scale, and can maintain normal production.
(5) with production equipments and waste water treatment facilities that can meet the needs of wine production techniques and production capacity.
(6) with the have production and quality control inspection equipments and professional quality inspectors;
(7) other conditions required by laws and regulations.
Article 13 For enterprises to build wineries in this region, they shall meet the following conditions:
(1) self-planted grapes can completely meet the wineries production needs;
(2) the process of wine making, aging, bottling and bottle aging, all should be carried out in their wineries.
(3) with some wine storage facilities for aging and bottle aging.
Construction land for newly-built, rebuilt and extended wineries can¡¯t over 5% of the total grape base.
Article 14 For whom have obtained the right of land use, should follow the determined land use in general land use plans to develop the land and can¡¯t change the land use without authorization.
For two consecutive years of undeveloped lands, should be taken back in accordance with law.
Article 15 The autonomous region encourage wine grape planting enterprises and large growers in this region to develop large-scale and standarded grape bases through land circulation ways like leasing, contract, share cooperations.
Article 16 The autonomous region encourage enterprises, public institutions and individuals to participate in the construction of infrastructure, technical advisory services and development research for grape industry and other related industries.
Article 17 Autonomous regions regard the region as characteristic agricultural water conservation demonstration area, establish and perfect the water-saving compensation incentive mechanism, to establish a development mode of water-saving.
Autonomous region should strengthen the construction of the ecological network of forest production to improve the environment; Encourage and support enterprises, institutions and individuals to engage in the construction of ecological afforestation.
Article 18 Municipal or county / district people's governments in the region should encourage and support the development of the grape industry; Support the construction of infrastructure , such as water, electricity, gas;the construction of nursing grape base and processing zones. Support brand promotion and the introduction of new varieties and new technologies.
Chapter 3 Product and Quality
Article 19 Grape industry authorities in People's government of the autonomous regional should supervise and inspect the quality of grapes and wines with relevant departments.And the regular check information should be announced to the public.
Grape industry associations should cooperate with related departments to carry the supervision and inspection work and establish and perfect the region¡¯s assessment recommended systems on grapes sand wines.
Article 20 Grape industry authorities in People's government of the autonomous regional should formulate and publish nursery stock standards and division of grape varieties in this region; And they should guide and supervise the work of grape nursery stock, base construction and information service.
The location of grape base should meet the national standards. And nursery stocks meet relevant standards and the region¡¯s division of grape varieties.
Article 21 For enterprises and individuals who engaged in nursery stocks should have nursery stock production license, nursery stock business licenses and nursery stock origin quarantine certificate. And the stocks out nursery garden also should take qualified label.
Article 22 Grape growers in this region should have the eastern foot of Helan mountain geographical indication protected products grape base registration certificate issued by the autonomous region quality supervision and administration department.And they should have planting file includes the information of grape varieties, yield, quality ,etc.
Article 23 For grape growers and wineries, they should obey some relevant technical operation rules, and effectively control grape¡¯s production and harvest time to ensure its quality.
Acre yield and titratable sugar content of grapes should meet relevant national and autonomous region standards. ¡¡¡¡
Article 24 The following behaviors are banned in this region for growing grapes:
(1) use seedlings against some rules;
(2) use banned pesticides, fertilizers and other inputs;
(3) grow grapes in the soil with excess level pesticide residue and heavy metals;
(4) use unqualified irrigation water;
(5) other behaviors that threaten grape¡¯s quality and safety.
Article 25 forbid the following actions in grapes processing and wine making
(1) use wine grapes outside this region;
(2) use unqualified grapes that against product quality and safety standards;
(3) mixes up or adulterates products, passes fake imitations for genuine, sells seconds at best quality price, or passes unqualified products as qualified ones;
(4) forge wine production record and its origin, forge or infringe another winery¡¯s name and address;
(5) Other behaviors prohibited by laws and regulations.
Article 26 wineries in this region should use the product quality safety traceability system, to establish the product traceability and inquiry system.
Wineries in this region should establish and perfect the wine quality and safety management system and wine production record system. And they should have paper files and electronic files of grape¡¯s purchasing, production and sales.¡¡
Article 27 Wine growers and wineries in this region should set up or entrust quality and safety inspection institutions to carry quality inspections of planting, processing and products. ¡¡¡¡
Apply responsibility system on grapes and wine inspections and identification;
Quality inspection institutions¡¯official seal and signature of the inspector should appear on the inspection report.
The inspection institutions and inspectors can¡¯t offer false inspection and identification reports.
Article 28 All used equipments, appliances, storage tanks, packaging materials and product labels during the whole wine making process should meet the state standards and other relevant laws and regulations.
Chapter 4 Special mark and Certification mark
Article 29 Autonomous region apply origin protection of wine grapes and wines;
Grape growers and wineries in this region should apply for the usage of special mark of eastern foot of Helan Mountain wine, the protected geographical indication products and certification mark of geographical indication for eastern foot of Helan Mountain grapes and wines.
Wineries use grapes from this region for their wines should mark the origin of grapes.
Article 30 special mark certificate issued by quality supervision and administration department of autonomous region; Applicants get the permission of trademark owners and sign permission contract can use the certification mark.
Article 31 Enterprise and individuals who have obtained the use of special mark and certification mark have the right to use special mark and certification mark on wine labels, product instruction and advertisement.
Any unit and individual is not allowed to forge, transfer, lease, lend , selling the special mark and certification marks. And the logo, font, design or color of these marks can¡¯t be changed without authorization.
Article 32 Enterprise and individuals who have obtained the special mark and certification mark should use these marks in accordance with listed type products on certificates and can¡¯t expand the range of application; If it is really need to add more type of products for using these marks, a separate declaration should be made in accordance with law.
Article 33 Enterprise and individuals grow grapes and make wines outside this region or in their branch, cooperating and bottling companies outside this region can¡¯t use the special mark and certification marks, or mark eastern foot of helan mountain wines,the origin of eastern foot of helan mountain on their products.
Chapter 5 Legal responsibility
Chapter 6 Supplementary article
Article 39 the regulations will take effect on February 1 , 2013.
Original text in Chinese: http://www.winechina.com/html/2012/12/201212139502.html
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(Source: china wine online)