Legal analysis: On August 9, 2116, china food and drug administration issued the General Rules for the Examination of Food Production License with Food and Drug Administration No.113 [2116]. The General Principles are divided into five chapters and 56 articles, including general principles, material review, on-site verification, review results and inspection and rectification, and supplementary provisions. china food and drug administration is responsible for the interpretation and shall come into force as of October 1, 2116. Local food and drug supervision and management departments at all levels should strictly follow the procedures and requirements stipulated in the Measures for the Administration of Food Production License and the General Rules for the Examination of Food Production License, further optimize the licensing process, improve licensing efficiency and strengthen supervision and management. According to the Food Safety Law of the People's Republic of China and its implementing regulations, the Measures for the Administration of Food Production License and other relevant regulations, china food and drug administration has formulated the General Rules for the Examination of Food Production License, which is hereby issued and shall come into force as of October 1, 2116. Please report the problems encountered in the implementation of the General Rules for the Examination of Food Production License to the State Administration of Taxation in a timely manner.
Legal basis: Food Safety Law of the People's Republic of China
Article 33 Food production and marketing shall conform to food safety standards and meet the following requirements:
(1) It shall have a place for food raw material processing, food processing, packaging and storage suitable for the variety and quantity of food produced and marketed, keep the environment of the place clean and tidy, and keep a specified distance from toxic and harmful places and other pollution sources;
(2) having production and operation equipment or facilities suitable for the variety and quantity of food produced and operated, and having corresponding equipment or facilities for disinfection, dressing, washing, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage;
(3) Having full-time or part-time food safety professionals, food safety managers and rules and regulations to ensure food safety;
(4) It has a reasonable equipment layout and technological process to prevent cross-contamination between food to be processed and directly imported food, raw materials and finished products, and to avoid food contact with toxic and unclean substances;
(5) Tableware, drinking utensils and containers for direct food should be washed and disinfected before use, and cookware and utensils should be washed and kept clean after use;
(6) Containers, tools and equipment for storing, transporting and loading and unloading food shall be safe and harmless, kept clean to prevent food contamination, and meet special requirements such as temperature and humidity required to ensure food safety. Food shall not be stored and transported together with toxic and harmful substances;
(7) Non-toxic and clean packaging materials, tableware, drinking utensils and containers should be used for food for direct entrance;
(8) personnel engaged in food production and marketing should maintain personal hygiene, wash their hands and wear clean work clothes and hats when producing and marketing food; Non-toxic and clean containers, selling tools and equipment should be used when selling unpackaged food for direct import;
(9) Water use shall conform to the hygienic standards for drinking water stipulated by the state;
(11) The detergents and disinfectants used shall be safe and harmless to human body;
(11) other requirements stipulated by laws and regulations.
non-food producers and business operators engaged in food storage, transportation and loading and unloading shall comply with the provisions of item 6 of the preceding paragraph.
Article 34 It is prohibited to produce and market the following foods, food additives and food-related products:
(1) Foods produced with non-food raw materials or foods with chemicals other than food additives and other substances that may be harmful to human health, or foods produced with recycled foods as raw materials;
(2) Pathogenic microorganisms, pollutants such as pesticide residues, veterinary drug residues, biotoxins and heavy metals, and foods, food additives and food-related products with contents of other substances harmful to human health exceeding the food safety standards;
(3) Foods and food additives produced with food raw materials and food additives that have exceeded the shelf life;
(4) foods that use food additives beyond the scope and limit;
(5) main and supplementary foods specially designed for infants and other specific groups whose nutritional components do not meet food safety standards;
(6) foods and food additives that are spoiled, rancid, moldy, insect-infested, unclean, mixed with foreign substances, adulterated or have abnormal sensory properties;
(7) Meat of poultry, livestock, beasts and aquatic animals and their products that have died of illness, poisoning or unknown causes;
(8) meat that has not been quarantined according to regulations or is unqualified in quarantine, or meat products that have not been inspected or are unqualified in inspection;
(9) Foods and food additives contaminated by packaging materials, containers and means of transport;
(11) foods and food additives marked with false production date, shelf life or beyond the shelf life;
(11) unlabeled prepackaged foods and food additives;
(12) Foods whose production and marketing are explicitly prohibited by the state for special needs such as disease prevention;
(13) other foods, food additives and food-related products that do not meet the laws, regulations or food safety standards.
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.