According to the Food Safety Law of People's Republic of China (PRC):
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 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.
According to the Regulations on Individual Industrial and Commercial Households:
Rule number two Citizens with operational ability refer to individual industrial and commercial households registered by the administrative department for industry and commerce in accordance with the provisions of these regulations. ?
Individual industrial and commercial households can operate independently or at home. The legitimate rights and interests of individual industrial and commercial households are protected by law, and no unit or individual may infringe upon them. ?
Article 8? Those who apply for registration as individual industrial and commercial households shall apply to the registration authority where the business premises are located. The applicant shall submit an application for registration, identity certificate and proof of business premises. ?
The registered items of individual industrial and commercial households include the name and domicile, composition, business scope and business premises of the operators. Individual industrial and commercial households use the name, with the name as a registered item.
Extended data
The Measures for the Administration of Food Business License stipulates that:
Article 9? To apply for a food business license, one should first obtain the qualifications of a legal subject such as a business license. ?
Enterprise legal person, partnership enterprise, sole proprietorship enterprise, individual industrial and commercial households, etc. The applicant is the subject specified in the business license. ?
For canteens of government agencies, institutions, social organizations, private non-enterprise units, enterprises and other tendering units, the applicant shall be the subject specified in the registration certificate or business license of the registration certificate of government agencies, institutions and social organizations as legal persons.
The Regulations on Individual Industrial and Commercial Households stipulates that:
Article 9? After examining the application materials according to law, the registration authority shall handle it in accordance with the following provisions:
(1) If the application materials are complete and conform to the statutory form, it shall be registered on the spot; 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 on the spot; ?
(2) If it is necessary to verify the substantive contents of the application materials, it shall be verified according to law, and a decision on whether to register shall be made within 15 days from the date of accepting the application; ?
(three) do not meet the registration conditions of individual industrial and commercial households, not to register and inform the applicant in writing, explain the reasons, and inform the applicant that he has the right to apply for administrative reconsideration and bring an administrative lawsuit according to law.
China People's Congress Network-People's Republic of China (PRC) Food Safety Law
State Administration of Market Supervision-Regulations on Individual Industrial and Commercial Households