Measures for the Administration of Food Hygiene License 2116-19-24 21:26 Issued by the Ministry of Health

Issue number-

Release date 2115-12-25

Effective date 2116-16-11

Expiration date- In accordance with the spirit of the Decision on Further Strengthening Food Safety and the Notice of the Central Committee on Further Defining the Division of Responsibilities of Food Safety Supervision Departments, to further standardize the management of food hygiene licenses, ensure the effective implementation of food hygiene supervision and management by health administrative departments, maintain normal food production and operation order, and protect consumers' health, our department has formulated the Measures for the Administration of Food Hygiene Licenses. It is issued to you, please follow it.

December 25th, 2115

Chapter I General Provisions

Article 1 In order to standardize the application and issuance of food hygiene licenses, ensure the effective implementation of food hygiene supervision and management by health administrative departments, maintain normal food production and operation order and protect consumers' health, according to the Food Hygiene Law of the People's Republic of China (hereinafter referred to as the Food Hygiene Law) and the Food Hygiene Law of the People's Republic of China.

article 2 any unit or individual engaged in food production and marketing activities shall report to the administrative department of health and go through the formalities for applying for a health license in accordance with the regulations; Only after examination and approval by the administrative department of health can they engage in food production and marketing activities, and bear the responsibility of food hygiene in food production and marketing.

article 3 the health administrative department of the local people's government shall abide by these measures and issue hygiene licenses to food producers and operators.

article 4 the hygiene license for the production activities of food additives, health foods and new resource foods shall be issued by the provincial health administrative department.

the hygiene licenses for the production and business activities of other food producers and operators shall be issued by the health administrative departments at the provincial level, the municipal level with districts and the county level according to the scope of responsibilities determined by the "Several Provisions on the Construction of Health Supervision System".

if local regulations or provincial people's government regulations clearly stipulate the level of health administrative departments that issue health licenses, such regulations shall prevail.

article 5 the administrative department of health shall issue health permits in strict accordance with the authority, scope, conditions and procedures stipulated by laws, regulations and rules, and follow the principles of openness, fairness, impartiality and convenience.

article 6 the health administrative department of the local people's government shall establish a health permit information management system, and regularly announce the list of food producers and operators who have obtained or cancelled health permits.

article 7 the health administrative department of the local people's government shall establish and improve the supervision system for issuing health permits, and strengthen the supervision and inspection of issuing health permits within the health administrative department.

article 8 health administrative departments at all levels shall not set up food hygiene licenses repeatedly or in disguised form by filing, registration or other means.

article 9 any unit or individual has the right to report illegal acts in the process of issuing and managing health licenses, and the health administrative department shall promptly verify and handle them.

article 11 the funds needed by the health administrative department to implement the food hygiene license shall be included in the budget of this administrative department. If fees can be charged according to the regulations, they shall be charged according to the published legal items and charging standards, and all the fees collected shall be turned over to the state treasury.

chapter ii application for hygiene license

article 11 any unit or individual engaged in food production and marketing activities who applies for hygiene license shall meet the requirements of corresponding food hygiene laws, regulations, rules, standards and norms, and have conditions suitable for their food production and marketing activities.

Article 12 To apply for food production and processing, the following conditions must be met:

(1) Full-time and part-time food hygiene managers with health management system, organization and professional training;

(2) Having factories, facilities, equipment and environment that are suitable for food production and processing and meet the hygiene requirements;

(3) having the conditions and measures to control pollution in the technological process and production and processing;

(4) raw and auxiliary materials, tools, containers and packaging materials for production that meet the hygiene requirements;

(5) Having institutions, personnel and necessary instruments and equipment capable of testing food;

(6) The employees have passed the pre-job training and health examination;

(7) Other conditions stipulated by the provincial health administrative department.

Article 13 To apply for engaging in food business, the following conditions must be met:

(1) Full-time and part-time food hygiene managers with health management system, organization and professional training;

(2) Having business premises, facilities, equipment and environment that are suitable for food business and meet hygiene requirements;

(3) Having the conditions and measures to control pollution in the process of food storage, transportation and sales;

(4) The employees have passed the pre-job training and health examination;

(5) Other conditions stipulated by the provincial health administrative department.

Article 14 To apply for catering and canteen management, the following conditions must be met:

(1) Full-time and part-time food hygiene managers with health management system, organization and professional training;

(2) Having processing and business premises, cleaning and disinfection facilities and equipment that meet the sanitary conditions and requirements;

(3) Having the conditions and measures to control pollution in the process of food procurement, storage and processing;

(4) The employees have passed the pre-job training and health examination;

(5) Other conditions stipulated by the provincial health administrative department.

Article 15 The materials submitted for applying for a health permit shall be true and complete, and the specific requirements shall be uniformly stipulated by the provincial health administrative department.

chapter iii examination of the issuance of hygiene licenses

article 16 the administrative department of health shall, within the prescribed time limit and in accordance with the statutory authority, scope, conditions and procedures, make quantitative evaluation and examination of the necessary production and operation conditions for food producers and business operators. When necessary, it may be required to provide a health inspection report.

article 17 the examination of the application for health license by the administrative department of health shall include written examination of the application materials and on-site examination.

the provincial health administrative department may entrust the municipal health administrative department with districts to conduct on-the-spot examination of the health permit application.

Article 18 The examination of food producers and processors' applications for hygiene licenses includes:

(1) the hygiene management system, organization and the establishment of professionally trained full-time and part-time food hygiene management personnel

;

(2) the factory building, site selection, layout design, environmental sanitation and the setting and operation of facilities and equipment;

(3) pollution control measures in process flow and production;

(4) Hygienic conditions of raw and auxiliary materials, tools, containers and packaging materials for production;

(5) product inspection facilities and capabilities;

(6) health examination of employees;

(7) other contents stipulated by the provincial health administrative department.

Article 19 The examination of food business operators' application for hygiene license by the health administrative department includes:

(1) the hygiene management system, organization and the establishment of full-time and part-time food hygiene management personnel who have received professional training;

(2) the location, area, layout, environmental sanitation of the storage, transportation and business premises, and the installation and operation of facilities and equipment such as water supply, dust prevention, rodent control and pest control, and special rooms;

(3) pollution control measures in the process of food procurement, storage, transportation and sales;

(4) health examination of employees;

(5) other contents stipulated by the provincial health administrative department.

Article 21 The contents to be examined by the administrative department of public health on the application for hygiene license by catering and canteen operators:

(1) The hygiene management system, organization and the establishment of full-time and part-time food hygiene management personnel who have been professionally trained;

(2) the location, environment, building structure, layout, partition and area of the food processing business premises;

(3) the setting of sanitary facilities and equipment, such as toilets, processing rooms, dressing rooms, warehouses, water supply, ventilation, lighting, dust prevention, rodent prevention and pest control, waste storage, cleaning, disinfection, tableware, etc.;

(4) pollution control measures in the process of food procurement, storage, processing and food supply;

(5) health examination of employees;

(6) other contents stipulated by the provincial health administrative department.

Article 21 A food producer or operator who applies for a hygiene license shall score more than 61% of the total score in implementing the quantitative grading management system for food hygiene supervision.

Article 22 The administrative department of public health shall issue food hygiene licenses to food producers and business operators who meet the conditions for distribution. If the certificate is not issued, it shall explain the reasons in writing and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 23 The administrative department of health shall put forward rectification opinions for food producers and operators who fail to meet the conditions for issuing health licenses; The rectification opinions of school canteens and construction site canteens shall also be notified to the competent departments of education and construction in a timely manner and submitted to the relevant competent departments for supervision and rectification.

if school canteens and construction site canteens still fail to meet the conditions for issuing health permits after rectification within a time limit, the rectification period may be appropriately extended with the consent of the education and construction authorities, and health permits may be issued only after the conditions are met.

article 24 if a food producer or business operator is sentenced to revoke his hygiene license for violating food hygiene laws and regulations, his legal representative or principal responsible person shall not apply for a hygiene license within three years, and the health administrative department shall not accept it.

chapter iv administration of hygiene license

article 25 a hygiene license shall specify the name, address, license scope, legal representative or owner, license number, validity period, issuing authority (with official seal) and date of issuance.

if the quantitative grading management system of food hygiene supervision is implemented and the food hygiene credibility grade is determined, the food hygiene grade mark shall be affixed to the hygiene license.

Article 26 The name of the unit specified in the hygiene license shall be consistent with the name approved by the industrial and commercial department; If the address of the place where the unit is registered is different from the address of the place where it is produced, it shall be indicated separately when filling in the address.

article 27 the health permit shall be uniformly prescribed by the Ministry of health.

the validity period of hygiene license is four years, and the validity period of hygiene license of units and individuals temporarily engaged in food production and business activities shall not exceed half a year.

article 28 the format of the hygiene license number is: (province, autonomous region and municipality directly under the central government for short) health food certificate word [year of issuance]No. xxxxxx－yyyyyy (xxxxxx refers to the administrative region code, and yyyy refers to the serial number of issuance in this administrative region).

article 29 if the same food producer or operator engages in food production and marketing activities in more than two (including two) places, he shall apply for hygiene licenses respectively.

Article 31 Where a food producer or operator changes its production and business address, it shall reapply for and apply for a hygiene license.

if a food producer or business operator changes other contents of the hygiene license, it shall go through the corresponding change procedures in accordance with the relevant provisions of the provincial health administrative department.

where the production process and main equipment are changed or the original production and business premises are expanded or rebuilt, the administrative department of health shall conduct on-the-spot examination before changing them.

article 31 if a food producer or business operator needs to renew his hygiene license, he shall apply to the original license-issuing authority within 61 days before the expiry of the hygiene license.

if the health permit is agreed to be renewed, the original number will remain unchanged and the validity period will be four years.

if the application for renewal is filed within the time limit, it shall be handled according to the newly applied hygiene license.

article 32 if a food producer or business operator loses his hygiene license, he shall apply to the administrative department of health for a replacement within 61 days after the loss.

article 33 if a food producer or business operator stops food production and business activities for more than one year within the validity period of the hygiene license, the hygiene license will automatically expire and be cancelled by the original issuing authority.

Article 34 Where the production of processed food is entrusted, the entrusted party shall meet the following conditions:

(1) Obtaining a hygiene license;

(2) The food varieties commissioned for production and processing are within the permitted scope;

(3) The food hygiene credit rating has reached Grade A..

article 35 the minimum sales package, label and instructions of the food entrusted for production and processing shall indicate the enterprise name, production address and hygiene license number of the entrusting party and the entrusted party respectively.

article 36 after obtaining the hygiene license, food producers and business operators shall keep it properly and shall not transfer, alter, lend, resell, lease or transfer it by other illegal means.

food producers and business operators should hang or place hygiene licenses in obvious places to facilitate consumers' supervision.

chapter v supervision and inspection

article 37 the health administrative department at a higher level shall strengthen the supervision and inspection of the health license issued by the health administrative department at a lower level, and if it is found that the health administrative department at a lower level issues the health license in violation of the regulations, it shall order the health administrative department at a lower level to correct it within a time limit or directly.

article 38 the administrative department of health and its staff shall consciously accept the supervision of food production and business units, individuals and the society when performing the duties of issuing health licenses.

if the health administrative department receives a report that an internal staff member has issued a health permit in violation of regulations, it shall promptly verify it; If the situation is true, it should be corrected immediately.

Article 39 Where the health administrative department and its staff issue health licenses in violation of the provisions of these Measures, the health administrative department at a higher level shall order them to make corrections, and the relevant health administrative departments may be given rectification within a time limit and informed criticism; The relevant staff can be given criticism and education, off-the-job training, removed from law enforcement posts, and disqualified from law enforcement; If the circumstances are serious and cause serious consequences, administrative sanctions shall be imposed according to law; Those suspected of committing a crime shall be transferred to judicial organs for handling.

When investigating the administrative responsibilities of relevant personnel, the following principles shall be followed:

(1) If the applicant does not meet the conditions for issuing health permits and the undertaker gives an opinion that the applicant meets the conditions for issuing health permits, the undertaker shall be investigated for administrative responsibilities;

(2) If the undertaker thinks that the applicant does not meet the conditions for issuing the hygiene license, and the competent leader still approves the issuance of the hygiene license, the administrative responsibility of the competent leader shall be investigated.

if both the undertaker and the competent leader are at fault, the administrative responsibility of the competent leader shall be mainly investigated.

article 41 the health administrative department of the local people's government at or above the county level shall, according to the hygiene license issued, establish the supervision files of food producers and operators, strengthen the supervision and inspection of the licensee's food production and operation activities, and do a good job in filing the records of supervision and inspection and treatment results according to the specified requirements.