These Measures shall apply to the application, acceptance, examination, decision, supervision and inspection of food business license. Article 3 The food business license shall follow the principles of legality, openness, fairness, impartiality, convenience and high efficiency. Article 4 The principle of "one place, one license" shall be applied to the food business license, that is, a food business operator shall obtain a food business license when engaging in food business activities in the business premises. Article 5 The food and drug supervision and administration department shall, according to the main business forms of food business and the risk degree of business projects, implement classified licensing for food business. Article 6 The State Food and Drug Administration shall be responsible for supervising and guiding the administration of food business licenses throughout the country.
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. Article 7 China Food and Drug Administration shall be responsible for formulating the general rules for the examination of food business licenses.
Local food and drug supervision and administration departments at or above the county level shall abide by the General Rules for the Examination of Food Business License when conducting the examination of food business license. Article 8 The food and drug supervision and administration department at or above the county level shall speed up the informatization construction and publish the business license items on the website of the administrative organ, so as to facilitate the applicant to apply for business license by means of data message and improve efficiency. Chapter II Application and Acceptance 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. Article 10 An application for a food business license shall be made according to the business forms of food business entities and the classification of business items.
The main formats of food business are divided into food sales operators, catering service operators and unit canteens. Where a food business operator applies for operating through the network, setting up a central kitchen or delivering food collectively, it shall be indicated in brackets after the main business formats.
Food business projects are divided into prepackaged foods sales (including frozen food, excluding frozen food), bulk food sales (including frozen food, excluding frozen food), special food sales (health food, formula food for special medical purposes, infant formula milk powder, other infant formula food) and other food sales; Hot food, cold food, raw food, cakes, homemade drinks and other foods.
Specific varieties listed in other food sales and other food manufacturing and selling shall be reported to China Food and Drug Administration for approval before implementation, and clearly marked. Foods that are difficult to be clearly classified in hot, cold, raw, solid and liquid conditions can be classified according to the situation with the highest food safety risk level.
China Food and Drug Administration can adjust the categories of food business items according to the needs of supervision and management. Article 11 To apply for a food business license, the following conditions shall be met:
(a) there are food raw materials processing and food processing, sales and storage places suitable for the variety and quantity of food, keeping the environment of the places clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources;
(2) Having business equipment or facilities suitable for the variety and quantity of food to be operated, and corresponding equipment or facilities such as disinfection, changing clothes, washing, lighting, lighting, ventilation, anti-corrosion, 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 management personnel and rules and regulations to ensure food safety;
(4) Having a reasonable equipment layout and technological process, so as to prevent the food to be processed from cross-contamination with directly imported food, raw materials and finished products, and avoid the food from contacting with toxic and unclean substances;
(5) Other conditions stipulated by laws and regulations. Article 12 To apply for a food business license, the following materials shall be submitted to the local food and drug supervision and administration department at or above the county level where the applicant is located:
(1) An application for a food business license;
(two) a copy of the business license or other qualification documents;
(three) the layout of major equipment and facilities, operating procedures and other documents that are suitable for food business;
(four) food safety self-inspection, health management of employees, incoming inspection records, food safety accident handling and other rules and regulations to ensure food safety.
Where vending equipment is used to sell food, the applicant shall also submit the product qualification certificate of the vending equipment, the specific location, the name, residence, contact information of the operator, and the publicity method of the food business license.
Where the applicant entrusts others to apply for a food business license, the agent shall submit the power of attorney and the identity certificate of the agent.