Chapter I General Provisions
Article 1 In order to ensure food safety, strengthen food production supervision and standardize food production licensing activities, these Measures are formulated in accordance with the Food Safety Law of People's Republic of China (PRC) and its implementing regulations, product quality, production license and other laws and regulations.
Article 2 In People's Republic of China (PRC), enterprises engaged in food production activities and quality and technical supervision departments must abide by these Measures when implementing food production licenses.
Article 3 An enterprise that has not obtained a food production license shall not engage in food production activities.
Article 4 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) shall be responsible for the administration of food production licenses throughout the country within its scope of duties.
The local quality and technical supervision departments at or above the county level shall be responsible for the administration of food production licenses within their respective administrative areas.
Article 5 The food production license must be implemented in strict accordance with the procedures and requirements stipulated by laws, regulations and rules, and follow the principles of openness, fairness, impartiality and convenience.
Chapter II Procedures
Article 6 The establishment of a food production enterprise shall obtain a food production license in accordance with the laws and regulations on food safety and the relevant requirements of these Measures after the name of the industrial and commercial department is pre-approved.
Article 7 The local quality and technical supervision department at or above the county level is the organ that implements the food production license, except the food production license implemented by the AQSIQ in accordance with relevant regulations.
Provincial quality and technical supervision departments shall, in accordance with the requirements of relevant laws and regulations and the relevant provisions of the General Administration of Quality Supervision, Inspection and Quarantine, determine the range of varieties permitted by the quality and technical supervision departments within their respective administrative areas.
Article 8 To obtain a food production license, it shall meet the food safety standards and meet the following requirements:
(a) there are places for food raw material processing, food processing, packaging and storage. Adapting to the variety and quantity of food for which the production license is applied, keeping the environment of the place clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources;
(2) Having production equipment or facilities suitable for the variety and quantity of the food for which the production license is applied, and corresponding equipment or facilities such as disinfection, dressing, washing, lighting, lighting, ventilation, anticorrosion, dustproof, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment, garbage and waste storage;
(3) Having a reasonable equipment layout and technological process suitable for the variety and quantity of the food for which the production license is applied, so as to prevent the food to be processed from cross-contamination with the directly imported food, raw materials and finished products, and avoid the food from contacting with toxic and unclean substances;
(4) Having professional technical personnel and management personnel of food safety who are suitable for the variety and quantity of food for which the production license is applied;
(5) Having food safety management systems such as training to ensure food safety, health examination and health records of employees, incoming inspection records, ex-factory inspection records, raw material acceptance, production technology, etc. To adapt to the variety and quantity of food for which production license is applied.
Laws, regulations and national industrial policies have other requirements for food production, which should be met.
Article 9 Where a food production enterprise intends to establish a food production license, it shall apply to the quality and technical supervision department of the place where it is produced (hereinafter referred to as the licensing authority) and submit the following materials:
(1) An application for a food production license;
(2) A copy of the applicant's ID card or qualification certificate;
(3) Notice of pre-approval of the name of the food production enterprise to be established;
(four) the plan of the food production and processing places and their surrounding environment and the layout plan of each production and processing functional area;
(5) List of food production equipment and facilities;
(six) the food production process flow chart and equipment layout;
(seven) the list of food safety professional and technical personnel and management personnel;
(eight) the text of food safety management rules and regulations;
(nine) the food safety standards implemented by the products; Where the enterprise standards are implemented, the enterprise standards filed by the health administrative department shall be provided;
(ten) other certification materials required by relevant laws and regulations.
The materials submitted for applying for a food production license shall be true, lawful and effective. The applicant shall sign the application for food production license and other materials for confirmation.
Article 10 The licensing authority shall handle the received application according to Article 32 of the Administrative Licensing Law of People's Republic of China (PRC) and other relevant provisions.
If it decides to accept the case, it shall issue a Letter of Acceptance Decision. If it decides not to accept the application, it shall issue a "Decision on Not Accepting", explain the reasons for not accepting the application, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 11 After accepting the application, the licensing authority shall organize the verification of the application materials and production sites in accordance with relevant regulations (hereinafter referred to as on-site verification).
The on-site inspection shall be composed of two to four inspectors designated by the licensing authority, and shall be carried out in accordance with the relevant provisions of the AQSIQ, and the enterprise shall cooperate.
Article 12 The licensing authority shall, according to the verification results, make the following treatments within the time limit prescribed by laws and regulations:
(a) after on-site verification, the production conditions meet the requirements, make a decision to approve production according to law, issue a "Decision on Granting Food Production License" to the applicant, and issue a food production license certificate for establishing a food production enterprise within 10 days from the date of making the decision.
(two) after on-site verification, the production conditions do not meet the requirements, make a decision not to grant the production license in accordance with the law, and issue a "decision not to grant the food production license" to the applicant, and explain the reasons.
Except for force majeure, if the on-site inspection cannot be carried out within the prescribed time limit due to the applicant, it shall be treated as unqualified on-site inspection.
Thirteenth food production enterprises to be established must obtain the food production license according to law and go through the formalities for industrial and commercial registration of business license before organizing the trial production of food according to the needs of production license inspection.
Fourteenth newly established food production enterprises shall apply for production license inspection of licensed food varieties according to regulations.
After receiving the application for production license inspection, the licensing authority shall timely take samples and seal them in accordance with relevant regulations, and inform the applicant to send the samples to an inspection agency with corresponding qualifications within seven days after sealing the samples.
Fifteenth inspection agencies shall, after receiving the samples, conduct inspection in accordance with the prescribed requirements and standards, and issue inspection reports accurately and timely.
Article 16 If the inspection conclusion is qualified, the licensing authority shall determine the scope of food production license according to the inspection report, and specify it in the supplementary page of food production license.
Before the licensing authority determines the scope of food production license, it is forbidden to sell the trial-made food that has left the factory.
Seventeenth unqualified inspection conclusion, can apply for re inspection in accordance with the relevant provisions.
If the re-inspection conclusion is that some food varieties are unqualified, the production license scope of this kind of food is uncertain and is not indicated in the second page of food production license; It is forbidden to sell this kind of food in the factory.
If the re-inspection conclusion is that all food varieties are unqualified, the food production license shall be cancelled in accordance with relevant regulations; The factory forbids the sale of all kinds of food.
Article 18 An established enterprise applying for a food production license shall hold a legal and valid business license and go through the licensing application procedures in accordance with the relevant conditions and requirements stipulated in this Chapter.
The licensing authority shall, in accordance with the relevant conditions and requirements stipulated in this chapter, accept the application for the license of the established enterprise to engage in food production, decide whether to license and determine the variety scope of the food production license according to the on-site inspection results and inspection reports, and issue the food production license certificate.
Article 19 The food production license is valid for three years.
If an enterprise that has obtained a food production license needs to continue production at the expiration of the validity period, it shall apply to the original licensing authority for replacement six months before the expiration of the food production license; If the replacement certificate is granted, the food production license number will remain unchanged.
If the certificate is not renewed at the expiration of the period, it shall be deemed as undocumented; If it intends to continue to produce food, it shall re-apply, re-issue certificates and re-number, and the validity period shall be recalculated from the date of license.
Twentieth food production license is valid, under any of the following circumstances, the enterprise shall apply to the original licensing authority for change:
(a) the name of the enterprise changes;
(two) the name of the domicile and production address has changed;
(3) relocation of production sites;
(four) the surrounding environment of the production site has changed;
(5) The equipment layout and technological process have changed;
(six) the production equipment and facilities have changed;
(seven) other circumstances in which the application for change shall be made in accordance with laws and regulations.
Under any of the circumstances mentioned in Items (3) to (6) of the preceding paragraph, the original licensing authority shall organize verification and inspection in accordance with the provisions of these Measures; Those who meet the requirements shall go through the formalities for change according to law.
Article 21 An enterprise applying for changing its food production license shall submit the following application materials:
(1) Application for change of food production license;
(2) The original and duplicate of the food production license;
(3) certification materials related to the change of food production license items.
The materials submitted for applying for changing the food production license shall be true, lawful and effective, and comply with the provisions of relevant laws and regulations. The applicant shall sign the "Application for Change of Food Production License" and other materials for confirmation, and be responsible for the legality and authenticity of its contents.
Article 22 If the relevant laws and regulations, food safety standards or technical requirements change during the validity period of the food production license, the original licensing authority may reorganize the verification and inspection in accordance with the relevant provisions of the state.
Twenty-third in any of the following circumstances, the original licensing authority shall handle the cancellation procedures of food production license according to law:
(1) The production license is withdrawn or revoked according to law, or the production license certificate is revoked according to law;
(two) the enterprise applies for cancellation or the production license expires and is not extended;
(3) The enterprise is terminated according to law;
(4) The production license cannot be implemented due to force majeure;
(5) Other circumstances in which the production license shall be cancelled according to laws and regulations.
Article 24 An enterprise applying for cancellation of its food production license shall submit the following application materials to the original licensing authority:
(1) An application for cancellation of the food production license;
(2) The original and duplicate of the food production license;
(three) the relevant certification materials for the cancellation of the food production license.
Chapter III Certificates and Labels
Article 25 The food production license certificate is divided into original and duplicate, and the style of the certificate and its attached pages shall be uniformly stipulated by the AQSIQ.
Twenty-sixth enterprises should properly keep the food production license and hang it or put it in a prominent position in the production site.
If the food production license is lost or damaged, the enterprise shall make a statement in the media at or above the provincial level in time and apply for a replacement certificate in time.
Article 27 An enterprise shall mark the number and mark of the food production license on its food or its packaging; Without the food production license number and logo, it shall not be sold out of the factory.
Twenty-eighth food production license number and logo is the logo of the enterprise that has obtained the food production license. The numbering rules and logo patterns of food production licenses shall be uniformly stipulated by the AQSIQ.
Twenty-ninth enterprises shall not lease, lend or transfer the food production license and serial number in other forms. It is forbidden to forge or alter the food production license certificate, food production license number and food production license mark.
Chapter IV Supervision and Inspection
Article 30 An enterprise shall engage in food production activities within the food production license, and shall not produce food beyond the license.
Article 31 An enterprise shall ensure that its production conditions continuously meet the prescribed requirements and be responsible for the safety of the food it produces.
Thirty-second quality and technical supervision departments at all levels shall, within the scope of their respective duties, supervise and inspect the food production activities of enterprises regularly or irregularly according to law.
Thirty-third quality and technical supervision departments at all levels shall establish a food production license and supervision and inspection file management system. The file storage period shall be implemented according to the relevant provisions of the state.
Thirty-fourth quality and technical supervision departments at all levels should establish a food production license and supervision and inspection information platform to facilitate citizens, legal persons and other social organizations to inquire.
Chapter V Legal Liability
Article 35 Anyone who violates the provisions of Article 3, Paragraph 2 of Article 16, Paragraph 2 of Article 17, Paragraph 3 of Article 17 and Article 30 of these Measures, or who has obtained a food production license but has been cancelled according to law, shall be punished in accordance with the provisions of Article 84 of the Food Safety Law of People's Republic of China (PRC).
Thirty-sixth in violation of the provisions of article twentieth, article twenty-seventh, article twenty-ninth. , which constitutes an illegal act stipulated by relevant laws and regulations, shall be given administrative punishment in accordance with the provisions of relevant laws and regulations.
Article 37 Where quality and technical supervision departments at all levels and their relevant staff, inspectors, inspection institutions and inspectors abuse their powers, neglect their duties or engage in malpractices for selfish ends in the management of food production licenses, relevant legal responsibilities shall be investigated according to law.
Thirty-eighth the provisions of the administrative punishment shall be decided and implemented by the local quality and technical supervision departments at or above the county level within the scope of their functions and powers. If a decision is made to revoke the food production license, it shall be reported to the licensing authority for approval step by step before making a decision on administrative punishment.
Thirty-ninth if a party refuses to accept the administrative license and administrative punishment implemented in accordance with these measures, it may bring an administrative reconsideration or administrative lawsuit according to law.
Chapter VI Supplementary Provisions
Fortieth the term "food" as mentioned in these Measures refers to the food specified in Article 99 of the Food Safety Law of People's Republic of China (PRC), but does not include the food that eats agricultural products and claims to have health care functions.
Where there are other provisions in laws and administrative regulations on the production license of dairy products, genetically modified foods, pig slaughtering, alcohol and salt, those provisions shall prevail.
Article 41 The division of food varieties with production license as stipulated in these Measures shall be implemented in accordance with laws and regulations and the relevant provisions of the AQSIQ.
Forty-second catering service providers who have obtained the catering service license do not need to obtain the food production license stipulated in these Measures to make processed food in their catering service places.
Forty-third small workshops and other food producers engaged in food production activities, in accordance with the provisions of relevant laws and regulations.
Forty-fourth the qualifications and management of inspectors and inspection institutions stipulated in these Measures shall be implemented in accordance with relevant regulations.
Article 45 The AQSIQ shall be responsible for the interpretation of these Measures.
Article 46 These Measures shall come into force on June 1 day, 2065. If the regulations and normative documents on food production license promulgated by AQSIQ before the implementation of these Measures are inconsistent with these Measures, these Measures shall prevail.