No. 52

Provisions of Shanghai Municipality on the Administration of the Salt Industry were adopted at the 133rd Routine Meeting of Shanghai Municipal People’s Government on July 19, 2021, and are hereby promulgated. They shall be effective as of September 1, 2021.

Mayor: Gong Zheng

July 29, 2021

Provisions of Shanghai Municipality on the Administration of the Salt Industry

(Promulgated by Decree No. 52 of Shanghai Municipal People’s Government

on July 29, 2021)

Article 1 (Purposes and Basis)

With a view to strengthening the administration of the salt industry, ensuring the quality and supply of salt and protecting citizens’ health, these Provisions are formulated according to the Law on Food Safety of the People’s Republic of China, the Regulations on the Administration of Iodization of Table Salt to Eliminate the Harms Caused by Iodine Deficiency, and the Procedures on the Table Salt Franchise and other relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Scope of Application)

These Provisions apply to the production, purchase and sales, storage, transportation, reserve and management of table salt and non-edible salt including industrial salt in the administrative area of this Municipality.

For the purpose of these Provisions, the table salt refers to the salt composed mainly of sodium chloride and used for direct consumption and food preparation.

Article 3 (Responsibilities for Administration)

The municipal economy and information technology department is the competent administrative department for the salt industry of this Municipality, responsible for the overall development of the salt industry, the coordination of table salt supply, the licensing of designated table-salt production and wholesale, and the administration of industrial salt.

The municipal and district market supervision departments are the departments for supervising the quality and safety of table salt within the administrative area of this Municipality and exercising the corresponding powers for administrative penalties, administrative inspections and administrative enforcement assumed by the competent department of the salt industry as provided in the Procedures on the Table Salt Franchise and exercised by the market regulation departments as provided in these Provisions.

The departments of health, pricing, food and strategic reserves, commerce, and finance shall coordinate the implementation of these Provisions according to their respective responsibilities.

Article 4 (Qualifications for Designated Table-Salt Production)

This Municipality implements a system of designated table-salt production according to law.

The enterprises engaged in table salt production in this Municipality shall obtain the certificate of a designated table salt production enterprise issued by the municipal economy and information technology department. Those who have not obtained the certificate shall not produce table salt in this Municipality.

The list of the designated table salt production enterprises (“designated production enterprises”) in this Municipality shall be announced to the public by the municipal economy and information technology department.

Article 5 (Requirements for Table Salt Production)

The table salt production by designated production enterprises shall comply with the provisions of laws, rules and regulations and food safety standards.

The table salt products shall not leave the factories until having been packaged. The packaging materials shall comply with the provisions of the national food safety standards and relevant sanitary standards, and the markings on the packages shall comply with the national provisions on product marking.

The iodized table salt shall be clearly marked and show the content of iodine; and the non-iodized table salt packages shall be conspicuously marked and show the purchasing guidelines for appropriate people.

Article 6 (Qualifications for Designated Table-Salt Wholesale)

This Municipality implements a system of designated table salt wholesale.

The table salt wholesale enterprises in this Municipality shall obtain the designated table salt wholesale certificate issued by the municipal economy and information technology department or the certificates issued by other provincial competent departments that allow the designated table salt wholesale enterprises to operate across provinces. Those who do not obtain relevant certificates shall not conduct table salt wholesale business in this Municipality.

The list of the designated table salt wholesale enterprises (“designated wholesale enterprises”) in this Municipality shall be announced to the public by the municipal economy and information technology department.

Article 7 (Requirements for Table Salt Wholesale)

The designated wholesale enterprises shall purchase and sell packaged table salt, and shall not sell non-edible salt including industrial salt as table salt.

The designated wholesale enterprise in the administrative area of this Municipality shall, within 15 days after the end of each quarter, report to the municipal economy and information technology department the types, specifications, quantities, operating methods and other information of its table salt sales in the previous quarter.

Article 8 (Requirements for Table Salt Supply)

The wholesale and retail table salt in the administrative area of this Municipality shall comply with the food safety standards, and the content of iodized table salt shall comply with the national standards and the municipal provisions. The non-iodized table salt shall be supplied by the designated wholesale enterprises as directed by the municipal economy and information technology department.

This Municipality shall, according to the requirements of the State and the resident’s iodine nutritional status, rationally arrange the non-iodized table salt sales networks and guarantee the supply of iodized and non-iodized table salt.

In the event that the municipal economy and information technology department finds an abnormal proportion of non-iodized table salt sales based on the information reported by designated wholesale enterprises, or the municipal health department finds the residents’ iodized nutrition indicators abnormal, the two departments shall promptly notify each other and take relevant measures.

Article 9 (Requirements for Table Salt Retail)

The table salt retail enterprises shall purchase table salt from the designated table salt wholesale enterprises and verify their wholesale certificates.

The table salt retail enterprises shall purchase and sell packaged table salt, and shall not sell non-edible salt including industrial salt as table salt.

Article 10 (Requirements for Table Salt Online Sales)

Those engaged in table salt business through the Internet or other information networks shall always publicize information such as business licenses and relevant administrative permits or the links of the above information in a prominent place on their homepage, and the table salt they sell shall comply with the provisions of laws, rules and regulations, and the food safety standards.

The e-commerce platform operator shall require the table salt sellers who apply for entry into the platform for selling table salt to submit true information including their business licenses, relevant administrative permits and contact information as well as their commitments to the legality of the table salt sources, verify and register the above information, make registration archives and regularly update the verified information.

In the event that the e-commerce platform operators find any violations of laws or rules among the sellers on the platform, the operators may choose to issue warnings, suspend or terminate service or take other measures according to the platform’s service agreement and transaction rules; if the operators find that the sellers have not obtained the relevant licenses, or the selling of table salt or the table salt sold do not comply with the provisions, or find any other illegal acts, they shall take necessary measures according to law, and report such illegal acts to the municipal market regulation department or the municipal economy and information technology department.

Article 11 (Records of the Production and Business Operations)

The designated table salt production and wholesale enterprises shall establish records for table salt production, purchase, storage and sales information, and keep the relevant vouchers according to the provisions of the State.

Article 12 (Table Salt Tracing)

The designated table salt production and wholesale enterprises engaged in table salt business in this Municipality shall establish a product tracing system.

The consumers may inquire about the table salt-related information through the tracing code on the product package, and may, upon finding a designated production and wholesale enterprise in violation of these Provisions, make a complaint and report according to law.

Article 13 (Requirements for Table Salt Use)

Where table salt needs to be used in food and non-staple food processing, brewing and pickling and in catering services, bulk table salt shall not be used, and non-edible salt including industrial salt shall not be used as table salt.

Article 14 (Requirements for Non-edible Salt Production and Sales)

The enterprises producing non-edible salt including industrial salt shall establish and keep complete records for production, purchase and sales. The enterprises producing both table salt and non-edible salt including industrial salt shall establish separate records of table salt and non-edible salt including industrial salt. The records and vouchers shall be kept for at least 2 years.

Non-edible salt including industrial salt shall not leave the factories until having been packaged. The packaging shall be marked with warnings indicating that the industrial salt or the non-edible salt shall not be consumed as food. Non-edible salt including industrial salt shall not be sold in the table salt market.

Article 15 (Requirements for Storage and Transportation)

The storage and transportation of table salt shall comply with food safety requirements; the places of storage and means of transportation shall be kept clean and dry; and the table salt shall not be mixed with other goods that may pollute the salt.

The enterprises engaged in the storage and transportation of table salt and non-edible salt including industrial salt shall establish a system for managing the two kinds of salt separately.

Article 16 (Table Salt Reserve)

This Municipality shall establish a table salt reserve system comprised of the government reserve and the corporate reserve.

The municipal departments of commerce, finance, and food and strategic reserve shall, in collaboration with the municipal economy and information technology department, assume the responsibilities of the government table salt reserve. The government table salt reserve shall not be smaller than the residents’ average monthly consumption of whe whole Municipality in the previous year. The municipal finance shall allocate funds in its annual budget to provide subsidies for related expenses.

The municipal economy and information technology department shall, in collaboration with the municipal departments of commerce, and food and strategic reserves, inspect and guide the designated production enterprises in this Municipality and the designated wholesale enterprises that operate in this Municipality to assume corporate responsibilities for table salt reserve to keep a reasonable reserve.

The departments and enterprises that undertake table salt reserve shall establish management systems for rotation reserves, storage, and warehouse leaving. The table salt reserve shall be mainly in small packages that can be directly sold in retail.

Article 17 (Table Salt Emergency Response)

The municipal economy and information technology department shall, in collaboration with the municipal departments of commerce, finance, and food and strategic reserve, establish a coordination mechanism for table salt supply emergencies in this Municipality.

In the event that an unusual circumstance occurs, the municipal economy and information technology department shall, in collaboration with the municipal departments of commerce, finance, and food and strategic reserves, transfer the corporate reserve to the market and use the government reserve to maintain the stability of the salt market.

Article 18 (Stability of Table Salt Prices)

The municipal department of pricing shall monitor the retail prices of table salt, and cooperate with the municipal economy and information technology department to take measures of expanding supply to maintain price stability.

In the event that an unusual circumstance occurs, this Municipality shall adopt price intervention or other emergency measures according to law to prevent abnormal fluctuations in table salt prices.

Article 19 (Inspection)

The municipal economy and information technology department and the market regulation departments at various levels, when performing their duties, shall provide necessary administrative guidance and may take the following measures:

1. accessing the places of production, processing, operation and storage and the means of transportation to gather evidence and collect materials;

2. conducting sample inspection of table salt or non-edible salt including industrial salt;

3. checking and copying relevant contracts, bills, account books and other related materials; and

4. other measures stipulated by laws and regulations.

In the event that the municipal economy and information technology department and the market regulation departments at various levels, according to the provisions of laws and administrative rules, require the e-commerce platform operators and sellers on the platform to provide relevant data about e-commerce according to law, the operators and sellers shall provide such data. The municipal economy and information technology department and the market regulation departments at various levels shall take necessary measures to protect the safety of the above data, and strictly keep the personal information, privacy and business secrets confidential, and shall not disclose, sell or illegally provide them to others.

Article 20 (Interview)

The municipal economy and information technology department and the market regulation departments at various levels may interview the legal representatives (persons in charge) or other related persons of the designated production enterprises in this Municipality, the designated wholesale enterprises that operate in this Municipality and the e-commerce platform operators if these enterprises or operators are found to have violated these Provisions.

Article 21 (General Provisions)

Any act that violates these Provisions shall be punished according to the Law on Food Safety of the People’s Republic of China, the Regulations on the Administration of Iodization of Table Salt to Eliminate the Harms Caused by Iodine Deficiency, and the Procedures on the Table Salt Franchise if they have already provided for the penalties for such an act.

The administrative penalties imposed according to the Procedures on the Table Salt Franchise shall be carried out by the market regulation departments.

Article 22 (Penalty Against Violation of the Table Salt Packaging Requirements)

The market regulation department may issue an order for corrections and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan, or, in a serious case, not less than 50,000 yuan but not more than 300,000 yuan if any of the following circumstances occurs:

1. The table salt produced by the designated production enterprises is not packaged in violation of Paragraph 2 of Article 5 of these Provisions; or

2. The table salt purchased or sold by the designated wholesale enterprises is not packaged in violation of Paragraph 1 of Article 7 of these Provisions.

Article 23 (Penalty Against Violation of the Designated Wholesale Requirements)

If a designated table salt wholesale enterprise that sells salt in the administrative area of this Municipality fails to submit sales information according to Paragraph 2 of Article 7 of these Provisions or submits false information, the municipal economy and information technology department shall order it to make corrections within a time limit; if the corrections are not made within the time limit, the municipal economy and information technology department shall transfer the case to the municipal market regulation department, which shall issue a warning or a circular of criticism; if the circumstances are serious, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.

Article 24 (Dishonesty Penalty)

All functional departments shall, according to the provisions of the State and this Municipality, record the illegal acts in the table salt production and operation, integrate such information into the Municipal Public Credit Information Service Platform and impose penalties against the enterprises that commit dishonest acts according to law.

Article 25 (Effective Date)

These Provisions shall be effective as of September 1, 2021. The Several Provisions of Shanghai Municipality on the Administration of the Salt Industry, promulgated by Decree No. 99 of Shanghai Municipal People’s Government on March 26, 2001, amended according to Decree No. 52 of Shanghai Municipal People’s Government on December 20, 2010 and Decree No. 30 of Shanghai Municipal People’s Government on May 22, 2015, and re-promulgated, shall be repealed simultaneously.