Chapter I General Principles

Article 1 These Measures are formulated in accordance with the Food Safety Law of People's Republic of China (PRC), the Administrative Licensing Law of People's Republic of China (PRC) and other laws and regulations in order to standardize food business licensing activities, strengthen food business supervision and management, and ensure food safety.

Article 2 Anyone who engages in food sales and catering services within the territory of People's Republic of China (PRC) shall obtain a food business license according to law.

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.

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;

It has a reasonable equipment layout and technological process to prevent the food to be processed from cross-contamination with direct food, raw materials and finished products, and to prevent the food from contacting with toxic and unclean substances;

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.

Article 13 An applicant shall truthfully submit relevant materials to the food and drug supervision and administration department, reflect the real situation, be responsible for the authenticity of the application materials, and sign or seal the application form and other materials.

Article 14 The local food and drug supervision and administration department at or above the county level shall handle the application for food business license submitted by the applicant according to the following circumstances:

(1) If the application does not need to obtain a food business license according to law, it shall immediately inform the applicant 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, it shall immediately make a decision not to accept it, and inform the applicant to apply to the relevant administrative organ.

(3) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot, and the applicant shall sign or seal the correction place and indicate the date of correction.

(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 on the spot or within five working days. Informed on the spot, the application materials shall be returned to the applicant; If it is notified within 5 working days, it shall receive the application materials and issue the credentials for receiving the application materials. Fails to inform, since the date of receipt of the application materials is accepted.

(5) If the application materials are complete and conform to the statutory form, or the applicant submits all the supplementary materials as required, the application for food business license shall be accepted.

Fifteenth local food and drug supervision and management departments at or above the county level decide to accept the application submitted by the applicant, it shall issue a notice of acceptance; 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.

Chapter III Review and Decision

Article 16 The local food and drug supervision and administration department at or above the county level shall examine the license application materials submitted by the applicant. If it is necessary to verify the substantive contents of the application materials, on-site verification shall be conducted. Only apply to engage in prepackaged foods (excluding frozen food) sales, and the change of food business license does not change the facilities and layout, you can not conduct on-site inspection.

On-site verification shall be conducted by qualified inspectors. The number of inspectors shall not be less than 2. Inspectors shall produce valid certificates, fill in the On-site Inspection Form for Food Business License, and make on-site inspection records, which shall be signed or sealed by the inspectors and the applicant after verification by the applicant. If the applicant refuses to sign or seal, the examiner shall indicate the situation.

The food and drug supervision and administration department may entrust the food and drug supervision and administration department at a lower level to conduct on-site verification of the accepted application for food business license.

Inspectors shall complete the on-site inspection of the business premises within 10 working days from the date of accepting the on-site inspection task.

Article 17 In addition to making a decision on administrative license on the spot, the local food and drug supervision and administration department at or above the county level shall make a decision on whether to approve the administrative license within 20 working days from the date of accepting the application. If it is necessary to extend the time limit due to special reasons, it may be extended by 10 working days with the approval of the person in charge of this administrative organ, and the applicant shall be informed of the reasons for extending the time limit.

Article 18 The local food and drug supervision and administration department at or above the county level shall, according to the examination of the application materials and on-site inspection, make a decision on granting the business license to those who meet the requirements, and issue the food business license to the applicant within 10 working days from the date of making the decision; If it does not meet the requirements, it shall promptly make a written decision not to grant permission and explain the reasons, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 19 The date of issuance of the food business license is the date when the licensing decision is made, and the validity period is 5 years.

Twentieth local food and drug supervision and management departments at or above the county level think that the application for food business license involves major issues of public interest and needs to be heard, it shall announce to the public and hold a hearing.

Article 21 Where the food business license directly involves the vital interests between the applicant and others, the local food and drug supervision and administration department at or above the county level shall inform the applicant and interested parties of the right to request a hearing before making a decision on administrative license.

If the applicant or interested party applies for a hearing within 5 working days from the date of being informed of the right to a hearing, the food and drug supervision and administration department shall organize a hearing within 20 working days. The hearing period is not counted in the administrative license review period.

Chapter IV License Management

Article 22 A food business license is divided into an original and a copy. The original and the copy have the same legal effect.

China Food and Drug Administration is responsible for formulating the original and duplicate styles of food business license. The food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of the printing and issuance of food business licenses within their respective administrative areas.

Article 23 A food business license shall specify: the name of the business operator, social credit code (identity card number for individual operators), legal representative (person in charge), domicile, business premises, main business formats, business items, license number, validity period, daily supervision and management institutions, daily supervision and management personnel, complaint telephone number, issuing authority, issuer, issuing date and two-dimensional code.

Where a warehouse (including self-owned and leased) is set up outside the business premises, the specific address of the warehouse shall also be indicated on the copy.

Article 24 The number of the food business license consists of JY (abbreviation of the Chinese phonetic alphabet "enterprise") and 14 Arabic numerals. From left to right, the numbers are: 1 main business code, 2 provinces (autonomous regions and municipalities directly under the Central Government) codes, 2 cities (prefectures) codes, 2 counties (districts) codes, 6 sequence codes and 1 check code.

Twenty-fifth daily supervision and management personnel are the staff responsible for the daily supervision and management of food business activities. If the daily supervision and management personnel change, the license can be changed by signing.

Article 26 Food business operators shall properly keep their food business licenses, and shall not forge, alter, resell, lease, lend or transfer them.

A food business operator shall hang or place the original food business license in a prominent position in the business premises.

Chapter V Alteration, Continuation, Substitution and Cancellation

Article 27 Where the permitted items specified in the food business license are changed, the food business operator shall apply to the original food and drug supervision and administration department for changing the business license within 10 working days after the change.

Where the business premises are changed, a new food business license shall be applied. Where the address of the surrounding warehouse changes, the food business operator shall report to the original food and drug supervision and administration department within 10 working days after the change.

Article 28 To apply for changing the food business license, the following application materials shall be submitted:

(1) An application for change of food business license;

(two) the original and copy of the food business license;

(three) other materials related to the change of food business license.

Twenty-ninth food business operators need to extend the validity of the food business license obtained according to law, and shall apply to the food and drug supervision and administration department that originally issued the license within 30 working days after the expiration of the validity of the food business license.

Article 30 When applying for extension of food business license, a food business operator shall submit the following materials:

(1) An application for renewal of the food business license;

(two) the original and copy of the food business license;

(3) Other materials related to the renewal of the food business license.

Article 31 The local food and drug supervision and administration department at or above the county level shall, according to the licensee's application for extension, make a decision on whether to approve the extension before the expiration of the validity period of the food business license.

Article 32 The local food and drug supervision and administration department at or above the county level shall examine the application materials for changing or renewing the food business license.

Where the applicant declares that the operating conditions have not changed, the local food and drug supervision and administration department at or above the county level may no longer conduct on-site verification.

If the applicant's business situation changes, which may affect food safety, the food and drug supervision and administration department shall conduct on-site verification of the changes.

Article 33 If the original food and drug supervision and administration department decides to approve the change, it shall issue a new food business license to the applicant. The serial number of the Food Business License remains unchanged, and the date of issuance is the date when the food and drug supervision and administration department makes the decision to change the license, and the validity period is consistent with the original license.

Article 34 If the original food and drug supervision and administration department decides to grant the extension, it shall issue a new food business license to the applicant, with the license number unchanged, and the validity period shall be counted from the date when the food and drug supervision and administration department decides to extend it.

If the license conditions are not met, the food and drug supervision and administration department that originally issued the license shall make a written decision not to renew the food business license and explain the reasons.

Article 35 If the Food Business License is lost or damaged, it shall apply to the food and drug supervision and administration department that originally issued the license for a replacement, and submit the following materials:

(1) Application for reissue of food business license;

(2) If the food business license is lost, the applicant shall submit the materials published on the website of the local food and drug supervision and administration department at or above the county level or other major media at or above the county level; If the food business license is damaged, the original damaged food business license shall be submitted.

If the materials meet the requirements, the local food and drug supervision and administration department at or above the county level shall reissue them within 20 working days after acceptance.

For the food business license reissued due to loss or damage, the license number remains unchanged, and the issuing date and validity period are consistent with the original license.

Article 36 Where a food business operator terminates food business and withdraws or revokes its food business license, it shall apply to the food and drug supervision and administration department that originally issued the license for cancellation within 30 working days.

Where a food business operator applies for cancellation of the food business license, it shall submit the following materials to the original food and drug supervision and administration department:

(1) An application for cancellation of the food business license;

(two) the original and copy of the food business license;

(3) Other materials related to the cancellation of the food business license.

Article 37 If a food business operator fails to go through the cancellation procedures in accordance with the provisions under any of the following circumstances, the original food and drug supervision and administration department shall go through the cancellation procedures of the food business license according to law:

(a) the food business license expires without applying for renewal;

(two) the main qualification of food business operators is terminated according to law;

(3) The food business license has been withdrawn or revoked according to law, or the food business license has been revoked according to law;

(4) The food business license cannot be implemented due to force majeure;

(5) Other circumstances in which the food business license shall be cancelled according to laws and regulations.

If the food business license is cancelled, the license number shall not be used again.

Article 38 The relevant procedures for the alteration, renewal, replacement and cancellation of food business licenses shall be implemented with reference to the relevant provisions in Chapters II and III of these Measures.

Chapter VI Supervision and Inspection

Thirty-ninth local food and drug supervision and management departments at or above the county level shall, in accordance with the duties prescribed by laws and regulations, supervise and inspect the licensing matters of food business operators.

Fortieth local food and drug supervision and management departments at or above the county level shall establish a food license management information platform to facilitate citizens, legal persons and other social organizations to inquire.

The local food and drug supervision and administration departments at or above the county level shall record the issuance of food business licenses, inspection of licensing items, daily supervision and inspection, and investigation of illegal licensing behaviors in the food safety credit files of food operators, and announce them to the public according to law; Food business operators with bad credit records should increase the frequency of supervision and inspection.

Article 41 The daily supervision and management personnel of local food and drug supervision and management departments at or above the county level shall be responsible for the supervision and inspection of the licensing matters of food business operators under their jurisdiction, and if necessary, conduct inspections on relevant food storage and logistics enterprises according to law.

Daily supervision and management personnel shall, in accordance with the prescribed frequency, conduct full coverage inspection on the food business operators under their jurisdiction.

Forty-second local food and drug supervision and management departments at or above the county level and their staff shall consciously accept the supervision of food operators and society when performing their duties of food business license management.

The food and drug supervision and administration department shall promptly investigate and verify the reports of illegal acts of relevant staff in the process of food business license management. If the situation is true, it should be corrected immediately.

Forty-third local food and drug supervision and management departments at or above the county level shall establish a food business license file management system, and timely file the relevant materials and certificates of food business license.

Forty-fourth China Food and Drug Administration can organize regular or irregular supervision and inspection of the national food business license; The food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government may regularly or irregularly organize the supervision and inspection of food business licenses within their respective administrative areas.

Chapter VII Legal Liability

Article 45 Anyone who engages in food business activities without a food business license shall be punished by the local food and drug supervision and administration department at or above the county level in accordance with the provisions of Article 122 of the Food Safety Law of People's Republic of China (PRC).

Article 46 Where an applicant for permission conceals the real situation or provides false materials to apply for a food business license, the local food and drug supervision and administration department at or above the county level shall give a warning. The applicant shall not apply for a food business license again within 1 year.

Article 47 If a licensee obtains a food business license by cheating, bribery or other improper means, the food and drug supervision and administration department that originally issued the license shall revoke the license and impose a fine of more than 30,000 yuan 1 10,000 yuan. The licensee shall not apply for a food business license again within 3 years.

Article 48 Where a food business operator, in violation of the first paragraph of Article 26 of these Measures, forges, alters, resells, rents, lends or transfers a food business license, the local food and drug supervision and administration department at or above the county level shall order it to make corrections, give it a warning and impose a fine of 6,543,800 yuan; If the circumstances are serious, a fine of 6,543,800 yuan and 30,000 yuan shall be imposed.

In violation of the provisions of the second paragraph of Article 26 of these Measures, if a food business operator fails to hang or place a food business license in a prominent position in the business premises as required, the local food and drug supervision and administration department at or above the county level shall order it to make corrections; Refuse to correct, give a warning.

Article 49 In violation of the provisions of the first paragraph of Article 27 of these Measures, if the licensing items specified in the food business license change, and the food business operator fails to apply for changing the business license as required, the food and drug supervision and administration department that originally issued the license shall order it to make corrections and give it a warning; Those who refuse to make corrections shall be fined more than 2,000 yuan 1 10,000 yuan.

In violation of the provisions of Article 27, paragraph 2, or Article 36, paragraph 1, of these measures, if the address of the warehouse around the food business operator changes and fails to report in accordance with the provisions, or if the food business operator terminates the food business, withdraws or revokes the food business license, or fails to go through the cancellation procedures in accordance with the provisions, the food and drug supervision and administration department that originally issued the license shall order it to make corrections; Refuses to correct, give a warning and impose a fine of 2000 yuan.

Article 50 A food business operator whose business license has been revoked, its legal representative, the directly responsible person in charge and other directly responsible personnel shall not apply for a food production and operation license, engage in food production and operation management, or serve as a food safety manager of a food production and operation enterprise within five years from the date of the decision on punishment.

Article 51 Where the food and drug supervision and administration department grants permission to an applicant who does not meet the requirements, or grants permission beyond the statutory authority, it shall be punished in accordance with the provisions of Article 144 of the Food Safety Law of People's Republic of China (PRC).

Chapter VIII Supplementary Provisions

Article 52 The meanings of the following terms in these Measures:

(a) the unit canteen refers to the catering service providers located in government agencies, institutions, social organizations, private non-enterprise units, enterprises and other units. , providing centralized meals for internal staff and students;

(2) prepackaged foods refers to food prepackaged or made with packaging materials and containers, including food prepackaged and prepackaged in packaging materials and containers with uniform quality or volume labels within a certain limit;

(3) Bulk food refers to the food that needs to be weighed and sold without a predetermined amount of packaging, including unpacked food and unpacked food;

(4) Hot food refers to the ready-to-eat food that is made by rough processing, cutting, steaming, boiling, boiling, frying, roasting and frying, and eaten in a certain hot state, including food processed by cooking methods such as hot pot and barbecue;

(5) Cold food refers to food that can be eaten at room temperature or low temperature without reheating, including cooked food, raw fruits and vegetables, pickles, etc.

(6) Raw food generally refers to raw aquatic products;

(7) Pastry food refers to food made from grain, sugar, oil, eggs and milk. Using this as the main raw material, it goes through baking and other processes, including decorating cakes. ;

(8) Self-made drinks refer to all kinds of drinks, including ice cream, made by operators on the spot;

(nine) the central kitchen refers to the food business operators established by catering units, which have independent places and facilities and concentrate on processing, producing and distributing finished or semi-finished foods;

(10) Collective dining distribution units refer to food operators who process and distribute food centrally according to the ordering requirements of the clients, but do not provide dining places;

(eleven) other kinds of food, refers to the regional sales of food, national characteristics of food, local characteristics of food.

The term "formula food for special medical use" as mentioned in these Measures refers to the formula food for special medical use that can be sold in shopping malls, supermarkets and other food sales places determined by China Food and Drug Administration in accordance with the principle of classified management.

Article 53 The supervision and management of food vendors shall be implemented in accordance with the specific management measures formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 54 The licenses obtained by food business operators before the implementation of these Measures shall remain valid within the validity period.

Article 55 The food and drug supervision and administration departments of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual conditions of their respective administrative regions, formulate specific implementation measures for the administration of food business licenses.

Article 56 The food business license electronic certificate made by the food and drug supervision and administration department has the same legal effect as the printed food business license.