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Can a small restaurant not have a hygiene license?
You can't.

According to the "food hygiene license management measures"

Article 2 Units and individuals engaged in food production and marketing activities shall report to the administrative department of public health and apply for hygiene licenses in accordance with 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 5 When issuing health permits, the administrative department of health must strictly follow 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 publish 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 the issuance of health permits, and strengthen the supervision and inspection of the issuance of health permits within the health administrative department.

Eighth health administrative departments at all levels shall not set up food hygiene licenses repeatedly or in disguised form by filing and registration.

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 10 The funds required by the administrative department of health for implementing the food hygiene license shall be included in the budget of the 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.

Extended data:

According to the "food hygiene license management measures"

Chapter II Application

Eleventh any unit or individual engaged in food production and marketing activities to apply for a hygiene license shall meet the requirements of the corresponding food hygiene laws, regulations, rules, standards and norms, and have the conditions suitable for their food production and marketing activities.

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

(a) full-time and part-time food hygiene management personnel 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 the pollution in the process flow and production and processing;

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

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

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

(seven) other conditions stipulated by the provincial health administrative department.

Thirteenth to apply for food business, you must meet the following conditions:

(a) full-time and part-time food hygiene management personnel 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 the 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 the management of dining halls, the following conditions must be met:

(a) full-time and part-time food hygiene management personnel with health management system, organization and professional training;

(two) there are processing and business premises, cleaning, disinfection and other sanitary facilities and equipment that meet the sanitary conditions and requirements;

(3) Having the conditions and measures to control the 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.

Fifteenth materials submitted to apply for a health permit shall be true and complete, and the specific requirements shall be uniformly stipulated by the provincial health administrative department.

Baidu Encyclopedia-Measures for the Administration of Food Hygiene License