Agricultural and sideline products processing plants are handled according to the different types of agricultural products, processing procedures and processing degrees.
I. Procedures and processes of agricultural and sideline products processing plants are as follows:
1. Choice of registration method: one is to register the trademark with the State Trademark Office (the office is in Beijing) (China Trademark Law allows its citizens to apply for trademark registration directly with the Trademark Office of the State Administration for Industry and Commerce); Another way is to entrust a trademark agency organization to provide trademark agency services for me;
2. Right inquiry before trademark registration: Trademark inquiry refers to the inquiry whether the trademark applied by the trademark registration applicant or his agent is the same as or similar to the trademark before registration;
3. Preparation of trademark application materials: you need to show your ID card and submit a copy of your ID card. The provided trademark pattern must be clear and easy to stick, and should be replaced by bright and durable paper or photos, with the length and width not exceeding 10 cm and less than 5cm；; If the direction of the trademark pattern is unclear, it shall be marked with arrows up and down, and the registered trademark fee shall be 1000 yuan;
4. Applicants for trademark registration must be legally established enterprises, institutions, social organizations, individual businessmen, foreigners or foreign enterprises in countries that have concluded agreements with China, participated in international treaties or handled them according to the principle of reciprocity;
5. Trademark examination refers to the examination conducted by the trademark registration authority on whether the application for trademark registration conforms to the provisions of the Trademark Law. Trademark examination and approval refers to the decision to approve the registration of an application for trademark registration that meets the relevant provisions of the Trademark Law after examination;
6. Where a trademark is registered directly, the trademark registrant shall collect it from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and shall also bring: a letter of introduction for obtaining the trademark registration certificate; Witness's ID card and photocopy; The original business license shall be stamped with the seal of the local industrial and commercial department; Notice of receiving trademark registration certificate; Where the name of a trademark registrant changes, a certificate of change issued by the working department shall be attached.
Two. Procedures for establishing food processing plants in rural areas:
1, the first few necessary procedures need to be handled: First, the business license of the industrial and commercial bureau, which was established by the enterprise. Some provinces allow the establishment of small workshop partnerships, and some provinces and cities require the establishment of limited companies.
2. The second is to obtain a production license: food can only be produced after obtaining a production license. To apply for a production license, you must go to the local US Food and Drug Administration (some are market supervision bureaus), and you can consult the Food and Drug Administration for the specific application process. If you rush to produce and sell without a license, you will definitely be punished if you are found.
3. Processing plants need corresponding production equipment, storage equipment, disinfection equipment, quality management personnel and quality management system, which need to be prepared in advance.
4. According to the post situation, some employees in the food factory need to obtain health certificates.
legal ground
Company Law of the People's Republic of China
Article 7 A company established according to law shall be issued a business license by the company registration authority. The date of issuance of the business license of the company is the date of establishment of the company.
The company's business license shall specify the company's name, domicile, registered capital, business scope, name of legal representative and other matters.
Where the matters recorded in the company's business license change, the company shall register the change according to law, and the company registration authority shall issue a new business license.
People's Republic of China (PRC) Administrative Licensing Law
Article 39 Where an administrative organ makes a decision to grant an administrative license and needs to issue an administrative license certificate, it shall issue the following administrative license certificate affixed with the seal of the administrative organ to the applicant:
(1) License, license or other license certificates;
(2) Qualification certificate, qualification certificate or other qualification certificate;
(3) the approval documents or certification documents of the administrative organ;
(four) other administrative licensing documents as prescribed by laws and regulations.
When an administrative organ carries out inspection, testing and quarantine, it may label or affix the seal of inspection, testing and quarantine to the equipment, facilities, products and articles that pass the inspection, testing and quarantine.
Company Law of the People's Republic of China
Article 6 To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.
Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered.
The public may apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.
Company Law of the People's Republic of China
Article 7 A company established according to law shall be issued a business license by the company registration authority. The date of issuance of the business license of the company is the date of establishment of the company.
The company's business license shall specify the company's name, domicile, registered capital, business scope, name of legal representative and other matters.
Where the matters recorded in the company's business license change, the company shall register the change according to law, and the company registration authority shall issue a new business license.
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, sales of edible agricultural products and sales only in prepackaged foods do not require permission. Only selling prepackaged foods shall be reported to the food safety supervision and administration department of the local people's government at or above the county level for the record.
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 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.