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.
Industrialized rice is regarded as food, not edible agricultural products, so selling rice requires a food business license.
A food business license refers to a food business license issued by a legal entity engaged in food sales and catering services in People's Republic of China (PRC) with the approval of the food and drug supervision and administration department. The food business license is based on the principle of one place and one license, that is, a food business operator shall obtain a food business license when engaging in food business activities in the business premises. The date of issuance of the Food Business License is the date when the licensing decision is made, and the validity period is 5 years.
Application conditions:
(a) to apply for a food business license, you should first obtain a business license and other legal qualifications. Enterprise legal person, partnership enterprise, sole proprietorship enterprise, individual industrial and commercial households, etc. The applicant is the subject specified in the business license. For canteens of government agencies, institutions, social organizations, private non-enterprise units, enterprises and other tendering units, the applicant shall be the subject specified in the registration certificate or business license of the registration certificate of government agencies, institutions and social organizations as legal persons.
(2) Having a place for processing, selling and storing food raw materials that is suitable for the variety and quantity of food handled, keeping the environment of the place clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources.
(3) It has operating equipment or facilities suitable for the variety and quantity of food it deals in, and corresponding equipment or facilities such as disinfection, dressing, washing, lighting, ventilation, anti-corrosion, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage.
(4) Having full-time or part-time food safety management personnel and rules and regulations to ensure food safety.
(5) Having 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.
Legal basis:
People's Republic of China (PRC) Food Safety Law
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.
The food and drug supervision and administration department of the local people's government at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of People's Republic of China (PRC), examine the relevant materials required by the provisions of Items 1 to 4 of Paragraph 1 of Article 33 of this Law, and conduct on-site inspection of the applicant's production and business premises when necessary; To meet the prescribed conditions, grant permission; If it does not meet the prescribed conditions, it shall not be permitted and the reasons shall be explained in writing.
Measures for the administration of food business licenses:
Article 2 Anyone who engages in food sales and catering services within the territory of People's Republic of China (PRC) 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.
Selling rice requires a food business license.
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.
Industrialized rice is regarded as food, not edible agricultural products, so selling rice requires a food business license.
A food business license refers to a food business license issued by a legal entity engaged in food sales and catering services in People's Republic of China (PRC) with the approval of the food and drug supervision and administration department. The food business license is based on the principle of one place and one license, that is, a food business operator shall obtain a food business license when engaging in food business activities in the business premises. The date of issuance of the Food Business License is the date when the licensing decision is made, and the validity period is 5 years.
Application conditions:
(a) to apply for a food business license, you should first obtain a business license and other legal qualifications. Enterprise legal person, partnership enterprise, sole proprietorship enterprise, individual industrial and commercial households, etc. The applicant is the subject specified in the business license. For canteens of government agencies, institutions, social organizations, private non-enterprise units, enterprises and other tendering units, the applicant shall be the subject specified in the registration certificate or business license of the registration certificate of government agencies, institutions and social organizations as legal persons.
(2) Having a place for processing, selling and storing food raw materials that is suitable for the variety and quantity of food handled, keeping the environment of the place clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources.
(3) It has operating equipment or facilities suitable for the variety and quantity of food it deals in, and corresponding equipment or facilities such as disinfection, dressing, washing, lighting, ventilation, anti-corrosion, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage.
(4) Having full-time or part-time food safety management personnel and rules and regulations to ensure food safety.
(5) Having 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.
Legal basis:
People's Republic of China (PRC) Food Safety Law
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.
The food and drug supervision and administration department of the local people's government at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of People's Republic of China (PRC), examine the relevant materials required by the provisions of Items 1 to 4 of Paragraph 1 of Article 33 of this Law, and conduct on-site inspection of the applicant's production and business premises when necessary; To meet the prescribed conditions, grant permission; If it does not meet the prescribed conditions, it shall not be permitted and the reasons shall be explained in writing.
Article 45 Food producers and business operators shall establish and implement the health management system for employees. Persons suffering from diseases that hinder food safety as stipulated by the administrative department of health of the State Council shall not engage in direct contact with imported food.
Food production and marketing personnel engaged in direct contact with imported food shall undergo annual health examination and obtain health certificates before taking up their posts.
Article 62 The provider of the third-party platform for online food trading shall register the online food business operators with their real names and clarify their food safety management responsibilities; If a license should be obtained according to law, the license should also be reviewed.
If the provider of the third-party platform for online food trading finds that the online food business operators have violated the provisions of this Law, it shall stop it in time and immediately report to the food safety supervision and administration department of the local people's government at the county level; If a serious illegal act is found, it shall immediately stop providing online trading platform services.
Measures for the administration of food business license
Article 2 Anyone who engages in food sales and catering services within the territory of People's Republic of China (PRC) 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 9 To apply for a food business license, one should first obtain the qualifications of a legal subject such as a business license.
Enterprise legal person, partnership enterprise, sole proprietorship enterprise, individual industrial and commercial households, etc. The applicant is the subject specified in the business license.
For canteens of government agencies, institutions, social organizations, private non-enterprise units, enterprises and other tendering units, the applicant shall be the subject specified in the registration certificate or business license of the registration certificate of government agencies, institutions and social organizations as legal persons.