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Basic information
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Chinese name
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Measures for the administration of food circulation license
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Release time
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July 30(th), 2009
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Issuing unit
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State Administration for Industry and Commerce (SAIC)
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Implementation time
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July 30(th), 2009
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Directory 1 Basic Information 2 Directory
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Decree No.44 of the State Administration for Industry and Commerce
Publishing and Implementation of Folding
The Measures for the Administration of Food Circulation License, which was deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce of the People's Republic of China, are hereby promulgated and shall come into force as of the date of promulgation.
Administrative Measures of Director Zhou Bohua on July 30, 2009 on Food Circulation Permit
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Chapter I General Provisions
first
In order to standardize the food circulation licensing behavior and strengthen the management of food circulation licensing, according to People's Republic of China (PRC) Food Safety Law (hereinafter referred to as the Food Safety Law), People's Republic of China (PRC) Administrative Licensing Law, People's Republic of China (PRC) Food Safety Law Implementation Regulations (hereinafter referred to as the Food Safety Law Implementation Regulations) and other relevant laws and regulations,
second
These Measures shall apply to the acceptance, examination and approval of applications for food circulation licenses and related supervision and inspection.
essay
Anyone who engages in food business in the circulation link shall obtain a food circulation license according to law.
A food producer who has obtained a food production license does not need to obtain a food circulation license to sell the food he produces in his production place; A catering service provider who has obtained a catering service license does not need to obtain a food circulation license to sell its processed food in its catering service place.
Article 4
The local administration for industry and commerce at or above the county level is the implementation organ of food circulation license, and the specific work is undertaken by the functional organization responsible for food safety supervision in circulation. The division of the licensing authority of local administrations for industry and commerce at all levels shall be decided by the administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government.
Article 5
The food circulation license shall follow the principles of legality, openness, fairness, justice, convenience and efficiency.
Article 6
A food business operator shall, after obtaining the Food Circulation Permit according to law, apply to the administrative department for industry and commerce with registration jurisdiction for industrial and commercial registration. Those who have not obtained the Food Circulation Permit and business license shall not engage in food business.
Where laws and regulations provide otherwise for food vendors, such provisions shall prevail.
Article 7
If the operating conditions of food business operators change and do not meet the requirements of food business, food business operators shall immediately take corrective measures; If there are hidden dangers of food safety accidents, it shall immediately stop food business activities and report to the local county-level administrative department for industry and commerce; If it is necessary to go through the licensing procedures again, it shall be handled according to law.
The local administrative departments for industry and commerce at or above the county level shall strengthen the daily supervision and inspection of the business activities of food operators; If it is found that it does not meet the requirements of food business, it shall be ordered to correct it immediately and deal with it according to law; If it no longer meets the requirements of food circulation license, the food circulation license shall be revoked according to law.
Article 8
Any organization or individual has the right to report illegal acts in the process of examination, issuance, supervision and inspection of food circulation licenses, and the licensing authority shall promptly verify and handle them.
Chapter II Application and Acceptance
Article 9
To apply for a Food Circulation Permit, it shall meet the food safety standards and meet the following requirements:
(a) there are places for food raw material processing, food processing, packaging and storage. Keeping the environment of the premises clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources, in line with the types and quantities of food handled;
(2) Having equipment or facilities suitable for the variety and quantity of food in business, and having corresponding equipment or facilities for disinfection, dressing, washing, lighting, ventilation, anticorrosion, dust prevention, fly prevention, rodent prevention, insect prevention, washing, waste water treatment and garbage and waste storage;
(3) Having professional and technical personnel and management personnel for food safety and rules and regulations for ensuring food safety;
(4) Having a reasonable equipment layout and technological process, preventing the food to be processed from cross-contamination with directly imported food, raw materials and finished products, and preventing the food from contacting with toxic and unclean substances.
Article 10
To apply for a food circulation license, the following materials shall be submitted:
(1) An application for food circulation license;
(2) A copy of the Notice of Name Pre-approval;
(3) A certificate of use of the business premises suitable for food business;
(four) the identity certificate of the person in charge and the food safety management personnel;
(5) A list of business equipment and tools suitable for food business;
(six) the spatial layout and operation process documents of the business facilities that are suitable for food business;
(seven) the text of the food safety management system;
(8) Other materials as prescribed by the administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government.
Where the applicant entrusts others to apply for a license, the entrusted agent shall submit the power of attorney and the identity certificate of the entrusted agent or designated representative.
Operators who already have the legal subject qualification apply to add food business items to their business scope, and they need to submit the business license and other subject qualification certification materials, and do not need to submit a copy of the Notice of Pre-approval of Names.
The newly established food business enterprise applies for a food circulation license, and the enterprise investor is the license applicant; An enterprise that already has the main qualification applies for a food circulation license, and the enterprise is the license applicant; The branch of an enterprise applies for a food circulation license, and the enterprise that established the branch is the license applicant; Where an individual applies for a newly established or individual industrial and commercial household to apply for a food circulation license, the owner shall be the license applicant. The applicant shall sign and seal the application and other materials.
Article 11
The materials submitted for applying for food circulation license shall be true, lawful and effective, and comply with the provisions of relevant laws and regulations. The applicant shall be responsible for the legality, authenticity and validity of the submitted materials.
Article 12
Where a branch of an enterprise engages in food business, each branch shall apply for a food circulation license respectively.
Article 13
After receiving the application, the licensing authority shall examine the application matters and deal with them according to the following circumstances:
(a) the application does not need to obtain the "food circulation license" according to law, it shall immediately inform the applicant that it will not be accepted;
(two) if the application matters are not within the scope of the licensing authority 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 correction place shall be signed or sealed by the applicant, indicating 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 days; Informed on the spot, the application materials shall be returned to the applicant; If the notification is made within five days, the applicant shall receive the application materials and issue a certificate of receipt of the application materials. Fails to inform, from the date of receipt of the application materials;
(five) the application materials are complete and conform to the statutory form, or the applicant has submitted all supplementary materials as required, and the licensing authority shall accept it.
After the licensing authority accepts the application and before making a licensing decision, if the applicant requests to withdraw the application for food circulation license in writing, it shall agree to withdraw the request; If the application for license is withdrawn, the licensing organ shall terminate the processing.
Article 14
If the licensing authority 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 Approval
Fifteenth food circulation licensing matters include business premises, responsible person, licensing scope and other contents.
The scope of food circulation licensing matters, including business items and business methods. Business projects are approved in accordance with the two categories of prepackaged foods and bulk food; The mode of operation is approved in three categories: wholesale, retail, wholesale and retail.
Article 16 The licensing authority shall examine whether the relevant materials submitted by the applicant meet the requirements of Items 1 to 4 of Article 27 of the Food Safety Law and these Measures. When necessary, on-site inspection of the business premises may be conducted in accordance with the statutory authority and procedures. Specific measures for material review and on-site verification shall be formulated by the administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government.
To carry out on-site inspection, the licensing authority shall assign two or more law enforcement officers to participate and produce valid certificates, and the applicant and the food business operator shall cooperate. On-site verification shall fill in the "food circulation permit on-site verification form".
Article 17 If the application for food circulation license put forward by the applicant is accepted, the licensing organ shall make a decision on whether to approve it within 20 days from the date of acceptance. If the licensing decision cannot be made within 20 days, it may be extended by 10 days with the approval of the person in charge of the licensing authority, and the applicant shall be informed of the reasons for the extension.
Article 18 Where a licensing authority makes a decision to grant a license, it shall issue a notice of granting the license and inform the applicant to obtain a food circulation license within 10 days from the date of making the decision; If it is decided to approve the change permit, it shall issue a Notice of Approval of Change Permit and inform the applicant to renew the Food Circulation Permit within ten days from the date of decision; If it is decided to approve the cancellation of the license, it shall issue a notice to approve the cancellation of the license and cancel the Food Circulation License. If the licensing authority makes a licensing decision, it shall announce it to the public.
If the licensing authority decides not to grant permission, it shall issue a notice of disapproval, explain the reasons for disapproval, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Nineteenth major licensing matters involving public interests shall be announced to the public and a hearing shall be held.
Chapter IV Alteration and Cancellation of License
Article 20 Where a food business operator changes the licensing items, it shall apply to the original licensing authority for changing the Food Circulation Permit. Without permission, the licensed items shall not be changed without authorization.
Article 21 Where a food business operator applies to the original licensing authority for changing the Food Circulation License, it shall submit the following application materials:
(a) "food circulation change permit application";
(2) The original and duplicate of the Food Circulation Permit;
(three) the relevant materials of the change of food circulation licensing matters.
Article 22 The validity period of the Food Circulation Permit is 3 years.
Where a food business operator needs to extend the validity period of a food circulation license, it shall apply to the original licensing authority 30 days before the expiration of the validity period of the food circulation license and renew the food circulation license.
If the license is renewed, the serial number of the renewed Food Circulation License will remain unchanged, but the year of issuance will be filled in according to the actual situation, and the validity period will be recalculated.
Article 23 Under any of the following circumstances, the licensing organ that issued the food circulation license or its superior administrative organ may revoke the issued food circulation license:
(a) the licensing authority staff abuse their powers, neglect their duties, and issue food circulation licenses to unqualified applicants;
(two) the licensing authority staff beyond the statutory authority to issue the "food circulation license";
(three) the staff of the licensing authority issued the "food circulation license" in violation of legal procedures;
(4) Other circumstances in which the food circulation license can be revoked according to law.
If a food business operator conceals the real situation or submits false materials to obtain a food circulation license by cheating, bribery or other improper means, it shall be revoked.
If the food circulation license is revoked in accordance with the provisions of the preceding two paragraphs, which may cause great harm to the public interest, it shall not be revoked.
Twenty-fourth in any of the following circumstances, the licensing authority shall handle the cancellation procedures of food circulation license according to law:
(1) When the validity period of the Food Circulation License expires, the food business operator fails to apply for renewal;
(two) the food business operator has not obtained the legal subject qualification within the statutory time limit or the subject qualification has been terminated according to law;
(3) The food circulation license is revoked according to law, or the food circulation license is revoked according to law;
(four) due to force majeure, the food circulation licensing items can not be implemented;
(five) other circumstances in which the food circulation license should be cancelled according to law.
Article 25 When applying for cancellation of the Food Circulation Permit, a food business operator shall submit the following application materials to the original licensing authority:
(1) An application for cancellation of the food circulation license;
(2) The original and duplicate of the Food Circulation Permit;
(three) the relevant documents of cancellation of the food circulation license.
After accepting the application for cancellation, the licensing authority shall cancel the food circulation license according to law after examination.
Article 26 If a food business operator loses the Food Circulation Permit, it shall publicly declare it invalid in newspapers and periodicals, and apply to the original licensing authority for a replacement with relevant certificates. After approval, the original licensing authority shall reissue the Food Circulation Permit within 20 days.
Chapter V License Management
Twenty-seventh "food circulation license" is divided into original and copy. The original and the copy have the same legal effect.
The original and duplicate formats of the Food Circulation Permit, as well as the formats of the Application for Food Circulation Permit, the Application for Change of Food Circulation Permit and the Application for Cancellation of Food Circulation Permit shall be uniformly formulated by the State Administration for Industry and Commerce. The administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the printing, distribution and management of the Food Circulation Permit and related application documents within their respective administrative areas.
Article 28 A food circulation license shall specify: name, business place, license scope, subject type, person in charge, license number, validity period, issuing authority and date.
Article 29 The food circulation license number consists of two letters and sixteen digits, namely: the letter SP+ six administrative division codes+two issuing years+one subject nature+six serial numbers+one computer check code.
The specific numbering rules for food circulation licenses shall be formulated separately.
Article 30 After obtaining the Food Circulation Permit, food business operators shall keep it properly and shall not forge, alter, resell, lease, lend or illegally transfer it in other forms.
Food business operators shall hang or place the original food circulation license in a prominent position in the business premises.
Chapter VI Supervision and Inspection
Thirty-first local administrative departments for industry and commerce at or above the county level shall, in accordance with the duties prescribed by laws and regulations, supervise and inspect food business operators. The main contents of supervision and inspection are:
(a) whether the food business operator has a "food circulation license";
(two) if the operating conditions of food operators change and do not meet the operating requirements, whether the operators immediately take corrective measures; If there are hidden dangers of food safety accidents, whether the operator immediately stops business activities and reports to the local county-level administrative department for industry and commerce; If it is necessary to go through the licensing procedures again, whether the operator has handled them according to law;
(three) if the food circulation license matters change, whether the business operator changes the license or reapplies for the food circulation license according to law;
(four) whether there is any act of forging, altering, reselling, leasing, lending or illegally transferring the food circulation license in other forms;
(5) Whether the employed employees have physical health certification materials;
(six) whether there are measures to ensure the quality of food and control the pollution in the process of food storage, transportation and sales;
(seven) other circumstances stipulated by laws and regulations.
Article 32 Local administrative departments for industry and commerce at or above the county level shall establish credit files of food business operators, and record the issuance of licenses, the results of daily supervision and inspection, and the investigation and punishment of illegal acts.
When the administrative department for industry and commerce conducts supervision and inspection of food business operators engaged in food business activities, it shall record the supervision and inspection situation and the treatment results, and file them after being signed and confirmed by the supervision and inspection personnel and the food business operators.
The administrative department for industry and commerce shall, when handling the annual inspection of enterprises and the inspection of individual industrial and commercial households, examine whether the Food Circulation Permit has been revoked, revoked or the validity period has expired in accordance with the relevant provisions of the annual inspection of enterprises and the inspection of individual industrial and commercial households. If the Food Circulation Permit is revoked, revoked or expires, the registration authority shall order it to change its business scope or cancel its registration in accordance with relevant regulations.
Article 33 Where an applicant for permission conceals the real situation or provides false materials to apply for a food circulation license, the administrative department for industry and commerce shall not accept it or refuse to grant it, and the applicant shall not apply for a food circulation license again within one year.
If the licensee obtains the food circulation license by cheating, bribery or other improper means, the applicant shall not apply for the food circulation license again within three years.
If the license for food production, circulation or catering service is revoked, the directly responsible person in charge shall not engage in food business within five years from the date of making the punishment decision.
Where a food business operator employs a person who is not allowed to engage in food production, operation and management to engage in management work, the license shall be revoked by the original issuing department.
Thirty-fourth any of the following circumstances, shall be punished in accordance with the provisions of laws and regulations. If there are no provisions in laws and regulations, it shall be ordered to make corrections, given a warning and fined 1 10,000 yuan; If the circumstances are serious, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed:
(1) changing the licensed items without authorization;
(2) Forging, altering, reselling, leasing or lending a food circulation license or illegally transferring a food circulation license in other forms;
(3) Concealing the real situation or submitting a false application and obtaining a food circulation license;
(4) Obtaining a food circulation permit by cheating, bribery or other improper means.
In accordance with the provisions of the Administrative Punishment Law of the People's Republic of China, those who voluntarily eliminate or mitigate the harmful consequences or have other legal circumstances may be given a lighter or mitigated punishment; If the illegal act is minor and corrected in time without causing harmful consequences, it will not be punished.
Article 35 If a food business operator refuses to accept the punishment decision of the administrative department for industry and commerce, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 36 A food business operator whose food circulation license is cancelled, revoked or revoked according to law within the validity period of the business license, or whose food circulation license expires, shall apply for change of registration or handle cancellation of registration within 30 days from the date of cancellation, cancellation or revocation or the expiration of the license.
Article 37 If any staff member of the administrative department for industry and commerce neglects his duty, abuses his power or engages in malpractices for personal gain, the administrative responsibility of the relevant personnel shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 38 The administrative department for industry and commerce shall establish a food circulation license file according to law.
Borrowing, copying, carrying and copying files shall be carried out in accordance with laws, regulations and the relevant provisions of the State Administration for Industry and Commerce. No unit or individual may modify, smear, mark or damage the archives.
Article 39 The administrative department for industry and commerce shall strengthen the working contact with the food safety comprehensive coordination department at the same level, and timely notify the relevant information of food circulation license.
Chapter VII Supplementary Provisions
Fortieth food business operators have obtained food hygiene licenses before the implementation of these measures, and the original licenses will continue to be valid. Where the licensing items of the original license are changed or the validity period expires, the food business operator shall apply in accordance with the provisions of these Measures, and after examination by the licensing authority, the food hygiene license shall be revoked and the food circulation license shall be obtained, and the local administrative department for industry and commerce shall supervise and inspect according to law in accordance with the principle of territorial jurisdiction.
The administrative department for industry and commerce shall, in accordance with the Food Safety Law, the Regulations for the Implementation of the Food Safety Law and these Measures, supervise and inspect the food business operators whose food hygiene licenses continue to be valid.
Article 41 The funds needed for implementing the food circulation license shall be included in the budget of this administrative organ.
Article 42 The administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures according to local actual conditions.
Article 43 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures.
Article 44 These Measures shall come into force as of the date of promulgation.
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