Measures for the Administration of Food Business License

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Food Safety Law of the People's Republic of China, the Administrative Licensing Law of the People's Republic of China and other laws and regulations in order to standardize food business license activities, strengthen food business supervision and management and ensure food safety.

article 2 whoever engages in food sales and catering services within the territory of the people's Republic of China shall obtain a food business license according to law.

these measures shall apply to the application, acceptance, examination, decision, supervision and inspection of food business license.

article 3 the food business license shall follow the principles of legality, openness, fairness, impartiality, convenience and high efficiency.

article 4 the principle of "one place, one license" shall be applied to the food business license, that is, a food business operator shall obtain a food business license when engaging in food business activities in a business place.

article 5 the food and drug supervision and administration department shall implement classified licensing for food business according to the main format of food business and the risk degree of business projects.

article 6 china food and drug administration is responsible for supervising and guiding the administration of food business licenses nationwide.

the local food and drug supervision and administration departments at or above the county level are responsible for the management of food business licenses within their respective administrative areas.

the food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the central government can determine the food business license management authority of the food and drug supervision and administration departments at the city and county level according to the food category and food safety risk status.

article 7 china food and drug administration is responsible for formulating the general rules for examining food business licenses.

the local food and drug supervision and administration departments at or above the county level shall observe the general rules for the examination of food business licenses.

article 8 the food and drug supervision and administration department at or above the county level shall speed up the informatization construction and publish the business license items on the website of the administrative organ, so as to facilitate the applicant to apply for business license by means of data messages and improve the efficiency.

chapter ii application and acceptance

article 9 to apply for a food business license, one should first obtain the legal subject qualifications such as a business license.

enterprises as legal persons, partnerships, sole proprietorships, individual industrial and commercial households, etc., take the subject specified in the business license as the applicant.

for the canteens of government agencies, institutions, social organizations, private non-enterprise units, enterprises and other bidding units, the applicant shall be the subject specified in the registration certificate or business license of the legal person registration certificate of government agencies or institutions and social organizations.

article 11 an application for a food business license shall be made according to the business form of the main body of food business and the classification of business items.

the main formats of food business are divided into food sales operators, catering service operators and unit canteens. Where a food business operator applies for operating through the network, establishing a central kitchen or engaging in collective meal delivery, it shall be marked in brackets after the main business format.

food business items are divided into prepackaged foods sales (including frozen food, excluding frozen food), bulk food sales (including frozen food, excluding frozen food), special food sales (health food, formula food for special medical use, infant formula milk powder, other infant formula food) and other food sales; Hot food, cold food, raw food, cakes, homemade drinks and other foods.

The specific varieties listed in other kinds of food sales and other kinds of food manufacturing and selling shall be reported to china food and drug administration for approval before implementation, and clearly marked. Foods with hot, cold, raw, solid, liquid and other conditions that are difficult to be clearly classified can be classified according to the situation with the highest food safety risk level.

china food and drug administration can adjust the categories of food business items according to the needs of supervision and management.

Article 11 To apply for a food business license, the following conditions shall be met:

(1) Having a place for handling food raw materials, processing, selling and storing food, keeping the environment of the place clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources;

(2) having business equipment or facilities suitable for the variety and quantity of food to be handled, and having corresponding equipment or facilities for disinfection, dressing, washing, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage;

(3) having full-time or part-time food safety management personnel and rules and regulations to ensure food safety;

It has a reasonable equipment layout and technological process to prevent cross-contamination between the food to be processed and the direct food, raw materials and finished products, and to avoid food contact with toxic and unclean substances;

other conditions stipulated by laws and regulations.

Article 12 To apply for a food business license, the following materials shall be submitted to the local food and drug supervision and administration department at or above the county level where the applicant is located:

(1) An application for a food business license;

(2) a copy of the business license or other qualification certification documents;

(3) documents such as the layout of major equipment and facilities, operation procedures and so on, which are suitable for food business;

(4) rules and regulations to ensure food safety, such as food safety self-inspection, health management of employees, incoming inspection records, and handling of food safety accidents.

if the vending equipment is used to sell food, the applicant shall also submit the product qualification certificate of the vending equipment, the specific location, the name, address, contact information of the operator, the publicity method of the food business license and other materials.

if the applicant entrusts others to apply for a food business license, the agent shall submit the power of attorney and the identity certificate of the agent.

Article 13 An applicant shall truthfully submit relevant materials and reflect the real situation to the food and drug supervision and administration department, be responsible for the authenticity of the application materials, and sign or seal the application form and other materials.

Article 14 The local food and drug supervision and administration department at or above the county level shall handle the application for food business license submitted by the applicant according to the following circumstances:

(1) If the application matters do not need to obtain a food business license according to law, it shall immediately inform the applicant that it will not be accepted.

(2) If the application matters are not within the scope of functions and powers of the food and drug supervision and administration department according to law, it shall immediately make a decision not to accept it, and inform the applicant to apply to the relevant administrative organ.

(3) if there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot, and the applicant shall sign or seal the correction place and indicate the date of correction.

(4) if the application materials are incomplete or do not conform to the statutory form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five working days. Informed on the spot, the application materials shall be returned to the applicant; If it is notified within 5 working days, it shall collect the application materials and issue the credentials for receiving the application materials. Fails to inform, since the date of receipt of the application materials is accepted.

(5) If the application materials are complete and conform to the statutory form, or the applicant submits all the supplementary materials as required, the application for food business license shall be accepted.

Article 15 Where the local food and drug supervision and administration department at or above the county level decides to accept the application submitted by the applicant, it shall issue a notice of acceptance; If it decides not to accept the application, it shall issue a notice of rejection, explain the reasons for rejection, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

chapter iii examination and decision

article 16 the local food and drug supervision and administration department at or above the county level shall examine the license application materials submitted by the applicant. If it is necessary to verify the substantive contents of the application materials, on-site verification shall be conducted. Only apply for sales in prepackaged foods (excluding frozen food), and the change of food business license does not change the facilities and layout, you can not conduct on-site inspection.

On-site verification shall be conducted by qualified inspectors. The number of inspectors shall not be less than 2. The inspectors shall produce valid certificates, fill in the on-site inspection form of food business license, and make on-site inspection records, which shall be signed or sealed by the inspectors and the applicant after being verified by the applicant. If the applicant refuses to sign or seal, the inspector shall indicate the situation.

the food and drug supervision and administration department may entrust the food and drug supervision and administration department at a lower level to conduct on-site verification of the accepted food business license application.

the inspector shall complete the on-site inspection of the business premises within 11 working days from the date of accepting the on-site inspection task.

article 17 in addition to making a decision on administrative license on the spot, the local food and drug supervision and administration department at or above the county level shall make a decision on whether to approve the administrative license within 21 working days from the date of accepting the application. If it is necessary to extend the time limit due to special reasons, it may be extended for 11 working days with the approval of the person in charge of this administrative organ, and the applicant shall be informed of the reasons for extending the time limit.

Article 18 The local food and drug supervision and administration department at or above the county level shall, based on the examination of application materials and on-site verification, make a decision on granting a business license to those who meet the requirements, and issue a food business license to the applicant within 11 working days from the date of making the decision; If it does not meet the requirements, it shall make a written decision on disapproval in time and explain the reasons, and inform the applicant that he has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

article 19 the date of issuing a food business license is the date when the licensing decision is made, and the validity period is 5 years.

Article 21 Where the local food and drug supervision and administration department at or above the county level considers that the application for food business license involves major matters of public interest and needs a hearing, it shall make an announcement to the public and hold a hearing.

article 21 where the food business license directly involves the significant interests between the applicant and others, the local food and drug supervision and administration department at or above the county level shall inform the applicant and interested parties of the right to request a hearing before making a decision on administrative license.

if the applicant or interested party applies for a hearing within 5 working days from the date of being informed of the right to a hearing, the food and drug supervision and administration department shall organize a hearing within 21 working days. The time limit for hearing is not counted in the time limit for examining administrative license.

chapter iv license management

article 22 a food business license is divided into an original and a copy. The original and the copy have the same legal effect.

china food and drug administration is responsible for formulating the original and duplicate styles of food business license. The food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the management of the printing and distribution of food business licenses in their respective administrative areas.

article 23 a food business license shall specify: the name of the business operator, social credit code (identity card number for individual operators), legal representative (person in charge), domicile, business premises, main business format, business items, license number, validity period, daily supervision and management organization, daily supervision and management personnel, complaint telephone number, issuing authority, issuer, issuing date and two-dimensional code.

if a warehouse (including self-owned and leased) is set up outside the business premises, the specific address of the warehouse shall also be stated in the copy.

Article 24 The number of a food business license consists of JY (Chinese phonetic alphabet abbreviation for "business") and 14 Arabic numerals. Numbers from left to right are: 1-digit main format code, 2-digit province (autonomous region or municipality directly under the Central Government) code, 2-digit city (prefecture) code, 2-digit county (district) code, 6-digit sequence code and 1-digit check code.

article 25 the daily supervision and management personnel are the staff responsible for the daily supervision and management of food business activities. If the daily supervision and management personnel change, the license can be changed by signature.

Article 26 A food business operator shall properly keep the food business license, and shall not forge, alter, resell, lease, lend or transfer it.

a food business operator shall hang or place the original food business license in a prominent position in the business premises.

Chapter V Alteration, Continuation, Reissuing and Cancellation

Article 27 Where the licensing items specified in the food business license change, the food business operator shall apply to the food and drug supervision and administration department that originally issued the license for the change of business license within 11 working days after the change.

if the business premises change, a new food business license shall be applied. If the address of the peripheral warehouse changes, the food business operator shall report to the original food and drug supervision and administration department within 11 working days after the change.

Article 28 To apply for changing the food business license, the following application materials shall be submitted:

(1) An application for changing the food business license;

(2) the original and duplicate of the food business license;

(3) Other materials related to the change of food business license.

article 29 if a food business operator needs to extend the validity of a legally obtained food business license, it shall apply to the food and drug supervision and administration department that originally issued the license 31 working days before the expiration of the validity of the food business license.

Article 31 When applying for renewal of food business license, a food business operator shall submit the following materials:

(1) an application for renewal of food business license;

(2) the original and duplicate of the food business license;

(3) Other materials related to the renewal of the food business license.

article 31 the local food and drug supervision and administration department at or above the county level shall, according to the licensee's application for extension, make a decision on whether to approve the extension before the expiration of the validity period of the food business license.

article 32 the local food and drug supervision and administration department at or above the county level shall examine the application materials for changing or renewing the food business license.

if the applicant declares that the operating conditions have not changed, the local food and drug supervision and administration department at or above the county level may not conduct on-site inspection.

if the applicant's business conditions change, which may affect food safety, the food and drug supervision and administration department shall conduct on-site verification on the change.

article 33 if the original food and drug supervision and administration department decides to approve the change, it shall issue a new food business license to the applicant. The number of the food business license remains unchanged, and the date of issuance is the date when the food and drug supervision and administration department makes the decision to change the license, and the validity period is consistent with the original certificate. <