what should I pay attention to when canceling the food business license? How is the law stipulated? What should we pay attention to? Below, in order to help you better understand the relevant legal knowledge, I have compiled the following contents, hoping to help you.
cancellation of food business license (process, materials, location, expenses and conditions)
1. If all the following conditions are met, an application can be made: (1) The Food Business License has been obtained and is within the validity period; (2) Where a food business operator terminates its food business, and its food business license is withdrawn or revoked, it shall apply to the original food and drug supervision and administration department for cancellation within 31 working days.
2. If it is necessary to submit a copy of the application materials, the original should be presented for verification at the same time. The applicant must indicate the words "This copy is consistent with the original" or a written description on the copy, or sign or stamp the copy materials, and indicate the date of revision. If a copy of the ID card of the entrusted agent and the application materials of the power of attorney (original inspection) need to be submitted, the original should be presented for verification at the same time. The applicant must indicate the words "This copy is consistent with the original" or a written description on the copy, or sign or stamp the copy, and indicate the date of revision. The materials submitted by the applicant must be true, valid and legal; The cover is stamped with the official seal of the applicant.
third, the online processing process (1) application. Applicants log on to the online platform to apply and upload electronic materials for confirmation; If paper materials need to be provided at the same time, submit or mail the paper materials to the window according to the prompt. (2) acceptance. After the department receives the online application, the window staff will review the electronic materials, meet the application qualifications, and issue an electronic Notice of Acceptance online within 5 working days when the materials are complete and conform to the prescribed format; Do not meet the acceptance conditions, within 5 working days online issued a "notice of application materials correction" or "notice of rejection"; If it is necessary to submit paper materials to the window before formal acceptance, a Notice of Acceptance will be issued after receiving the paper materials and checking them with online materials. (3) review. Review and make a decision within the promised time limit. If it is passed, issue a "Decision on Permission" and print a certificate. If it is not passed, issue a "Decision on No Permission". (4) get the results. According to the SMS prompt, the applicant can check the approval status in the online personal center and get the approval result at the window. Window for process (1) application. The applicant applies to the comprehensive service window of the government service hall and submits the application materials. (2) acceptance. The window staff verifies the application materials on the spot and handles them according to the following circumstances: 1) If the application matters do not need to obtain a food business license according to law, the applicant will be informed immediately that it will not be accepted; 2) If the application matters do not fall within the scope of functions and powers of the food and drug supervision and administration department according to law, the applicant shall immediately make a decision not to accept it, and inform the applicant to apply to the relevant administrative organ; 3) If the application materials do not meet the requirements but can be corrected on the spot, they will be accepted after being corrected on the spot and a Notice of Acceptance will be issued; 4) If the application materials are incomplete or do not conform to the statutory form, the applicant shall be informed of all the contents that need to be corrected at once on the spot or within 5 working days. Informed on the spot, the application materials will be returned to the applicant; Inform within 5 working days, collect the application materials on the spot and issue the credentials of receiving the application materials, and issue the Notice of Application Materials Correction, the Notice of Acceptance or the Notice of Non-acceptance within 5 working days. If the application materials are not informed within the time limit, it will be accepted from the date of receiving the application materials; 5) If the application materials are complete and conform to the statutory form, or the applicant submits all the corrected materials as required, it shall be accepted and a Notice of Acceptance shall be issued; If it decides not to accept the application, it shall issue a Notice of Rejection, explain the reasons for rejection, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law. (3) review. Review and make a decision within the promised time limit, and issue a "Decision on Permission" and print a certificate if it is passed; If it is not approved, a "Decision on Not Granting Permission" shall be issued, and the reasons for not granting permission shall be explained. (4) get the results. The window staff informs the applicant to collect the examination and approval results at the window, and this matter is settled.
iv. legal basis article 6 of the measures for the administration of food business licenses (2115) china food and drug administration is responsible for supervising and guiding the administration of food business licenses nationwide. The local food and drug supervision and administration departments at or above the county level shall be responsible for the administration of food business licenses within their respective administrative areas. The food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the food category and food safety risk status, determine the food business license management authority of the food and drug supervision and administration departments at the city and county levels. Measures for the Administration of Food Business License (2115) Article 27 If the licensing items specified in the food business license change, the food business operator shall apply to the original food and drug supervision and administration department for changing the business license within 11 working days after the change. If the business premises change, it shall re-apply for the food business license. If the address of the peripheral warehouse changes, the food business operator shall report to the original food and drug supervision and administration department within 11 working days after the change. Measures for the Administration of Food Business License (2115) Article 29 If a food business operator needs to extend the validity period of a legally obtained food business license, it shall apply to the food and drug supervision and administration department that originally issued the license 31 working days before the expiration of the validity period of the food business license. Food Safety Law of the People's Republic of China (2119) Article 35 The State applies a licensing system to food production and operation. 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 permission. 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 the People's Republic of China, 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 allowed and the reasons shall be explained in writing. Measures for the Administration of Food Business License (2115) Article 36 Where a food business operator terminates food business, its food business license is withdrawn or revoked, it shall apply to the food and drug supervision and administration department that originally issued the license for cancellation within 31 working days. Where a food business operator applies for cancellation of the food business license, it shall submit the following materials to the food and drug supervision and administration department that originally issued the license: (1) an application for cancellation of the food business license; (2) The original and duplicate of the food business license; (three) other materials related to the cancellation of the food business license.