Four departments： curb the ＂sky-high＂ moon cakes and promote the healthy development of the industry.
CCTV News:The website of the National Development and Reform Commission reported on the 10th that the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Commerce and the General Administration of Market Supervision issued the Announcement on Curbing the "sky-high" moon cakes and promoting the healthy development of the industry. Moon cakes are a kind of Mid-Autumn Festival food that accumulates the traditional cultural connotation of China. In order to advocate thrift, oppose waste, stop the phenomenon of "sky-high" moon cakes, adhere to the mass food attribute of moon cakes, reflect the traditional culture of Mid-Autumn Festival, and promote the healthy development of the moon cake industry, the relevant regulatory requirements for the moon cake market are announced as follows:
1. Operators engaged in the production and sale of moon cakes should consciously abide by the Product Quality Law, the Food Safety Law, the Law on the Prevention and Control of Environmental Pollution by Solid Waste, the Law on the Protection of Consumers’ Rights and Interests, the Price Law and other relevant national standards, operate in good faith according to law, and safeguard the legitimate rights and interests of consumers.
Second, the price of moon cakes is formed by the market. From the market situation for many years, the sales of boxed moon cakes with a unit price within 500 yuan account for about 99%. Encourage operators to produce and sell cheap boxed moon cakes to better meet the needs of consumers.
Three, the implementation of key supervision of boxed moon cakes whose unit price exceeds that of 500 yuan. The business operator shall keep the transaction information that the sales unit price exceeds that of 500 yuan boxed moon cakes for 2 years for the relevant departments to check according to law. If necessary, a cost survey will be conducted on the operators immediately.
Four, operators in the production and sale of boxed moon cakes, should strictly abide by the mandatory standards on food packaging, and shall not use precious metals, mahogany and other precious materials to reduce the excessive use of packaging materials. Encourage the use of environmentally friendly packaging that can be used for other purposes.
Five, operators selling boxed moon cakes, not tying other goods in any form; It is also not allowed to mix moon cakes with other products in the form of gift boxes.
Six, operators issuing mooncake coupons, mooncake cards and other delivery vouchers, should strictly abide by the "single-use commercial prepaid card management approach (Trial)".
Seven, hotels, restaurants and other operators to process, produce and sell boxed moon cakes in accordance with the above provisions; If it is settled together with accommodation and meals, the unit price and quantity of boxed moon cakes shall be listed separately.
Eight, e-commerce platform operators engaged in boxed moon cake sales activities, in accordance with the above provisions, and shall not be mixed sales, false price of goods by splitting orders, inflating the number of goods, etc. E-commerce platform operators should improve the trading rules, strengthen the supervision of boxed mooncake sales activities of operators in the platform, and focus on the supervision of boxed mooncakes with a unit price exceeding that of 500 yuan and operators in the platform that provide customized services; According to Article 3 of this announcement, provide necessary technical conditions for operators in the platform to record relevant transaction information; Supervise the operators in the platform to strictly implement the national mandatory standards on food safety and restrictions on excessive packaging, and prohibit the operators in the platform from engaging in moon cake sales activities in the e-commerce platform if they violate the relevant mandatory standards.
Nine, industry organizations should actively promote industry self-discipline, moon cake fillings shall not use shark’s fin and other wild protected animal ingredients, advocate not using rare and precious ingredients such as bird’s nest, encourage simple and green packaging, guide operators to set reasonable prices, consciously maintain market order, and promote the formation of good social customs.
Ten, the industrial and information departments at all levels should strengthen the industry guidance for operators engaged in moon cake production activities, and the commercial departments at all levels should strengthen the industry guidance for operators such as shopping malls, supermarkets, hotels, restaurants and e-commerce platforms, and urge the relevant operators to consciously abide by the requirements of this announcement. Market supervision departments at all levels should strengthen supervision and law enforcement, and those who do not meet the relevant requirements of mandatory standards for food safety and restrictions on over-packaging, and who do not implement clearly marked price regulations and implement price fraud will be severely punished. Relevant illegal information will be incorporated into the national credit information sharing platform according to laws and regulations and publicized on the "Credit China" website and the national enterprise credit information publicity system. Adhere to all kinds of supervision and coordination, and find suspected violations of discipline and law, and transfer them to discipline inspection and supervision, judicial and other organs for handling according to their authority.
Eleven, encourage all sectors of society and the news media to carry out social supervision and supervision by public opinion.
XII. The National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Commerce and the General Administration of Market Supervision shall be responsible for the interpretation of this announcement.
Announcement on curbing "sky-high" moon cakes and promoting the healthy development of the industry
Recently, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Commerce and the General Administration of Market Supervision jointly issued the Announcement on Curbing the "Sky-high" mooncakes and promoting the healthy development of the industry (hereinafter referred to as the Announcement). The reporter interviewed the relevant responsible comrades of the National Development and Reform Commission.
Q: What are the main considerations for issuing the Announcement?
A: Mooncakes are a kind of Mid-Autumn Festival delicacies that accumulate the traditional cultural connotation of China. In recent years, the moon cake market is generally standardized and orderly, and the prices of most moon cakes are close to the market demand. However, some enterprises still speculate on the price of moon cakes in various ways, and the problem of "sky-high price" still exists, and there are signs of rebound. For example, some enterprises speculate on the price of moon cakes by adding all kinds of precious fillings, pursuing excessive luxury packaging or mixing high-priced goods. These phenomena not only deviate from the origin of traditional culture, but also encourage extravagance and waste, which has a negative impact on social atmosphere and may even become a carrier of corruption. In this regard, our Committee conducted research with relevant departments, conducted cost surveys on more than 30 enterprises, carefully analyzed the specific manifestations and deep-seated reasons of "sky-high" moon cakes, and widely listened to suggestions from all sides, forming the Announcement.
The main purpose of issuing the "Announcement" is to promote mass consumer goods such as moon cakes to return to the traditional cultural origin, advocate frugality and oppose waste, form a broad social consensus, curb the phenomenon of "sky-high prices" of traditional holiday-related commodities, promote the healthy development of the industry, and guide the formation of good social customs.
Q: What regulatory requirements are put forward in the Announcement?
A: The general idea of the Announcement is to adhere to the orientation of returning moon cakes to traditional food attributes. In view of the outstanding problems exposed by "sky-high" moon cakes, on the basis of insisting that prices are formed by the market, we will comprehensively use market-oriented and rule-of-law means to promote enterprises’ law-abiding operation and reasonable pricing, and promote the healthy development of the moon cake industry. Mainly from the following aspects of supervision:
First, focus on the supervision of boxed moon cakes exceeding 500 yuan. It is clear that the price of moon cakes is determined by enterprises themselves, and operators are encouraged to produce and sell boxed moon cakes with good quality and low price to better meet the needs of consumers. Focus on the supervision of boxed moon cakes with a unit price exceeding that of 500 yuan, and require operators to keep the transaction information of boxed moon cakes with a unit price exceeding that of 500 yuan for the relevant departments to check according to law. If necessary, a cost survey will be conducted for the operators. At the same time, we will strictly investigate and deal with illegal acts that do not meet the requirements of food safety and the mandatory standards for restricting excessive packaging, as well as those that do not implement the regulations on clearly marked prices and implement price fraud.
The second is to strictly implement the mandatory packaging standards. Operators are required to strictly abide by the mandatory standards on food packaging when producing and selling boxed moon cakes, and shall not use precious materials such as precious metals and mahogany to reduce the excessive use of packaging materials. Encourage the use of environmentally friendly packaging that can be used for other purposes.
The third is to prohibit the mixed sale of moon cakes. Operators are required to sell boxed moon cakes without tying other commodities in any form, and not to mix moon cakes with other products in the form of gift boxes.
The fourth is to standardize the management of moon cake coupons. If operators are required to issue mooncake coupons, mooncake cards and other delivery vouchers, they should strictly abide by the Administrative Measures for Single-use Commercial Prepaid Cards (Trial).
The fifth is to strengthen the supervision of hotel and restaurant channels. Require hotels, restaurants and other operators to follow the same policies and regulations when processing, making and selling boxed moon cakes; If it is settled together with accommodation and meals, the unit price and quantity of boxed moon cakes shall be listed separately.
The sixth is to strengthen the supervision responsibility of e-commerce platform. Operators in the e-commerce platform are required to abide by the relevant regulations as offline operators in selling boxed moon cakes. It is clear that the platform operators should improve the trading rules, strengthen the supervision of the sales activities of boxed moon cakes in the platform, and focus on the supervision of boxed moon cakes with a unit price exceeding that of 500 yuan and operators in the platform that provide customized services; Operators in the platform should be urged to strictly implement the national mandatory standards on food safety and restrictions on over-packaging.
Seventh, advocate industry self-discipline. It is required that industry organizations should actively promote industry self-discipline, advocate not using rare ingredients such as shark’s fin and bird’s nest, encourage green and simple packaging, guide operators to set reasonable prices, and consciously maintain market order.
Q: Why focus on the boxed moon cakes with a unit price of more than 500 yuan to implement key supervision?
A: According to our cost survey, data from industry organizations and e-commerce platforms, the average production cost of boxed moon cakes is about 70 yuan per box for many years, and the sales of boxed moon cakes with unit price below 200 yuan account for more than 80%, while the sales with unit price above 500 yuan account for about 1%. The unit price of boxed moon cakes does not exceed the high social acceptance in 500 yuan.
In order to curb the "sky-high" moon cakes, the "Announcement" proposes that on the basis of routine supervision, the boxed moon cakes with a unit price exceeding that of 500 yuan will be subject to key supervision in the near future; When selling boxed moon cakes with a unit price exceeding that of 500 yuan, the business operator shall keep the transaction information legally obtained in the transaction, such as the transaction date and payment records, for the relevant departments to check according to law. At the same time, our Committee will strengthen market monitoring with relevant departments. For enterprises that produce and sell "sky-high" moon cakes, it is necessary to conduct cost surveys in enterprises.
Q: What are the main features of the Announcement?
A: The Announcement puts forward comprehensive and systematic measures around the goal of curbing the "sky-high" moon cakes, which are mainly manifested in three characteristics:
First, adhere to the principles of marketization and rule of law. The "Announcement" insists that the price of moon cakes is formed by the market and decided by the operators themselves, and the price will not interfere within a reasonable range. At the same time, it is emphasized that operators should strictly abide by the existing laws and regulations and relevant national standards, and under the framework of existing laws and regulations, clarify the system provisions of price, production, sales and packaging that operators in the moon cake industry should follow, put forward specific regulatory requirements, and standardize operators’ behavior through legal means.
The second is to highlight expected management. Based on the market situation for many years, the Announcement puts forward the key supervision of boxed moon cakes with a unit price of more than 500 yuan, draws a clear red line of supervision, defines the behavior boundary of moon cake production and sales enterprises, and releases clear expectations to operators, which is conducive to guiding operators to rationally set prices, operate in compliance with laws and regulations, and consciously maintain market order.
The third is to strengthen multi-party coordination. The "Announcement" focuses on giving full play to all aspects of strength, strengthening coordination and forming a joint force. All departments are required to strengthen policy coordination, focus on the whole chain of production, supply and marketing in the moon cake market, and study and establish a supervision system that combines prevention, supervision and punishment. At the same time, it emphasizes the coordination of enterprises, industries, governments and society, supports industry organizations to play the role of industry self-discipline, and encourages all sectors of society and news media to carry out social supervision and public opinion supervision, which is conducive to mobilizing all social forces and jointly creating a clean and upright social atmosphere.
Q: Next, what measures will the relevant departments take to curb the "sky-high" moon cakes?
A: After the promulgation of the Announcement, the relevant departments will further promote the work of curbing the "sky-high" moon cakes from the aspects of improving the policy system, strengthening industry guidance and strengthening supervision and law enforcement.
The first is to improve the policy system. The departments of market supervision, industry and information technology have revised the Food and Cosmetics for Restricting Overpackaging of Commodities, and further tightened the core indicators such as the number of packaging layers and void coefficient, stipulating that precious metals and mahogany materials should not be used in moon cake packaging, which will be officially implemented on August 15 this year. The business department will study and revise the Measures for the Administration of Single-Use Commercial Prepaid Cards (Trial), and strengthen the supervision of mooncake coupons, mooncake cards and other delivery cards.
The second is to strengthen industry guidance. Industry and information technology departments will strengthen industry guidance for operators engaged in moon cake production activities; The business department will strengthen the industry guidance of operators such as shopping malls, supermarkets, hotels, restaurants and e-commerce platforms, and urge relevant operators to consciously abide by the requirements of the Announcement.
The third is to strengthen supervision and law enforcement. Before the Mid-Autumn Festival this year, the market supervision department will launch a special rectification campaign for "sky-high-priced" moon cakes, focusing on luxury hotels, e-commerce platforms and other channels, and conduct supervision and inspection. Those who do not meet the relevant requirements of mandatory standards for food safety and restrictions on over-packaging, as well as those who do not implement the provisions of clearly marked prices and commit price fraud, will be strictly investigated and punished. Relevant illegal information will be incorporated into the national credit information sharing platform according to laws and regulations, and will be publicized on the "Credit China" website and the national enterprise credit information publicity system.