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The Food Safety Law stipulates that the state food supervision and administration department shall
Legal subjectivity:

As the saying goes, "Food is the most important thing for people", food is the material basis for human survival, and all kinds of physiological activities and energy needed to maintain a constant body temperature are supplied by food. Therefore, food safety is very important. Provisions of the Food Safety Law on food safety standards: (1) Provisions on the limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health in food-related products. (2) Variety, application scope and dosage of food additives. (three) the nutritional requirements of infant food. (4) Requirements for labels, labels and instructions related to food safety and nutrition. (5) Quality requirements related to food safety. (6) Food inspection methods and procedures. (seven) other contents that need to formulate food safety standards. (8) All additives in food must be listed in detail. (9) Hygienic requirements in the process of food production and operation. Mandatory standards Therefore, food safety standards are mandatory standards. National standards for food safety are formulated by the Ministry of Health. The formulation of national food safety standards should be based on the results of food safety risk assessment, fully consider the results of quality and safety risk assessment of edible agricultural products, refer to relevant international standards and international food safety risk assessment results, listen to the opinions of food producers, operators and consumers, and be examined and approved by the National Food Safety Standards Review Committee. There are strict procedures for the formulation of national standards for food safety, which are generally divided into the following steps: formulating the standard formulation plan, determining the drafting unit, drafting the draft standard, soliciting opinions, reviewing by the Committee, and approving by the Ministry of Health. Standard Development Plan Relevant departments of the State Council, as well as citizens, legal persons, trade associations or other organizations, may put forward suggestions on formulating or revising national food safety standards. The administrative department of health of the State Council shall, jointly with the agricultural administration, quality supervision, industrial and commercial administration of the State Council, the State Food and Drug Administration of the United States and the competent department of commerce, industry and information technology of the State Council, formulate the national food safety standard plan and its implementation plan, and solicit opinions from the public. The administrative department of health of the State Council has incorporated the project proposal examined and approved into the formulation or revision plan and annual plan of national food safety standards. The administrative department of health of the State Council shall select units with corresponding technical capabilities to draft national standards for food safety. Advocate scientific research institutions, educational institutions, academic organizations, industry associations and other units to jointly draft the draft national food safety standards. The determination of the standard drafting unit should be in the form of bidding or designation, and the preferred determination should be implemented. Once the standard drafting unit is determined according to the standard formulation project, the standard maker should form a formulation team or a writing team to complete the drafting of the standard according to the standard implementation plan. In the process of formulating standards, we should fully consider the risk assessment results of edible agricultural products and relevant international standards, as well as national conditions, and pay attention to the operability of standards. After the draft standard for soliciting opinions is formulated, the administrative department of health of the State Council shall publish the draft national standard for food safety to the public for public comments. After soliciting opinions, the standard-setters make amendments according to the solicited opinions, form a draft standard, and submit it to the National Food Safety Standards Review Committee for review. Organized by the Ministry of Health, the Committee regularly convened the National Food Safety Standards Review Committee in accordance with relevant regulations to review the scientificity, practicability, rationality and feasibility of the submitted standards. The committee is composed of experts from different departments such as medicine, agriculture, food and nutrition, and representatives from relevant departments in the State Council. Industry associations, food production and marketing enterprises and social organizations may participate in the standard review meeting. Under normal circumstances, standards related to international trade should also fulfill the obligation to declare to the World Trade Organization. The standards adopted by the National Food Safety Standards Committee shall be numbered and published by the Ministry of Health after the final approval of the Ministry of Health and the national standard number provided by the standardization administrative department of the State Council. After the implementation of the standard tracking standards, the health administrative department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the departments of agriculture administration, quality supervision, industry and commerce administration, food and drug supervision and management, commerce, industry and information technology at the same level, track and evaluate the implementation of the national food safety standards and local food safety standards respectively, and timely organize the revision of food safety standards according to the evaluation results. The departments of agriculture administration, quality supervision, industry and commerce administration, food and drug supervision and administration, commerce, industry and informatization of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall collect and summarize the problems existing in the implementation of food safety standards, and timely notify the health administrative department at the same level. Food producers and operators and food industry associations shall report to the food safety supervision and administration department immediately if they find problems in the implementation of food safety standards. The National Standards Review Committee for Food Safety shall also conduct timely review according to the needs of science and technology and economic development. The standard review period is generally not more than 5 years.

Legal objectivity:

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 safety 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 this Law submitted by the applicant.

People's Republic of China (PRC) Food Safety Law

Article 33

Relevant information required in items 1 to 4 of the first paragraph, and 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.