Article 35

The state practices a licensing system for food production and marketing. Engaged in food production, food sales, catering services, shall obtain a license according to law. However, the sale of edible agricultural products does not require a license.

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The quality and safety management of edible agricultural products (hereinafter referred to as edible agricultural products) shall comply with the provisions of the Law of People's Republic of China (PRC) on the Quality and Safety of Agricultural Products.

People's Republic of China (PRC) agricultural products quality and safety law

Agricultural products mentioned in this Law refer to primary products derived from agriculture, that is, plants, animals, microorganisms and their products obtained in agricultural activities.

Measures for the supervision and administration of the quality and safety of edible agricultural products on the market

Article 57

Edible agricultural products refer to plants, animals, microorganisms and their products obtained in agricultural activities for human consumption. Agricultural activities refer to traditional agricultural activities such as planting, breeding, picking and fishing, as well as modern agricultural activities such as facility agriculture and bioengineering. Plants, animals, microorganisms and their products refer to products directly obtained in agricultural activities and processed by sorting, peeling, shelling, drying, crushing, cleaning, cutting, freezing, waxing, grading and packaging, but their basic natural and chemical properties have not changed.

In other words, if you only sell edible agricultural products, you don't need to apply for a food business license, but you must master the degree of this business. Some customers asked us how our store only bought some fruits and vegetables and was discovered by the Food and Drug Administration. And some people say that we don't have a food business license and operate beyond the scope. Will we be fined or closed down less than a month after opening? After some communication, I realized that this small shop not only bought fruits and vegetables, but also bought some packaged seasonings. This is not an edible agricultural product. Of course, it is unlicensed, and if the fine is light, the business license will be revoked.

In addition to eating agricultural products, there are the following situations, and a food business license is not required:

1. A food producer who has obtained a food production license sells the food produced in its production place.

2. Single sale of edible agricultural products.

3, take the flow, temporary operation, or engaged in traditional, with local characteristics and other food business vendors.

4. Where there are other provisions in laws and regulations, those provisions shall prevail, such as food sales for special needs of the military, food sales for railway and civil aviation operations, etc.

The application conditions of food business license are still troublesome. The first hard condition is that investors need to have actual office space and corresponding facilities. In particular, enterprises engaged in catering services must have several conditions, such as equipment, fire protection and sanitation, so many times in the application process, everyone will encounter various problems that will affect the application.