you can deal in food and prepackaged foods drinks.

Measures for the Administration of Catering Service Licensing

Chapter I General Provisions

Article 1 In order to standardize the work of catering service licensing, strengthen the supervision and management of catering services, maintain the normal order of catering services and protect consumers' health, according to the Food Safety Law of the People's Republic of China (hereinafter referred to as the Food Safety Law), the Administrative Licensing Law of the People's Republic of China (hereinafter referred to as the Food Safety Law)

article 2 these measures are applicable to units and individuals engaged in catering services (hereinafter referred to as catering service providers), and are not applicable to food vendors and units and individuals providing semi-finished food for catering service providers. A licensing system shall be implemented for catering services. The catering service provider shall obtain the "Catering Service License" and bear the food safety responsibility of catering services according to law. Collective dining distribution units are included in the scope of catering service license management.

article 3 the state food and drug administration is in charge of the nationwide catering service license management, and local food and drug supervision and administration departments at all levels are responsible for the catering service license management within their respective administrative areas.

article 4 the catering service license shall be classified and managed according to the format and scale of catering service providers. The examination criteria for the classification license of catering services shall be formulated by the State Food and Drug Administration. The licensing authority for the acceptance and approval of the Catering Service License shall be stipulated by the food and drug supervision and administration departments of all provinces, autonomous regions and municipalities directly under the Central Government.

article 5 the food and drug supervision and administration department shall comply with the authority, scope, conditions and procedures stipulated by laws, regulations and rules, and follow the principles of openness, fairness, impartiality and convenience.

article 6 the food and drug supervision and administration department shall establish a system for managing the information and files of catering service licenses, and regularly announce the list of catering service providers who have obtained or cancelled the catering service licenses.

article 7 the food and drug supervision and administration department shall strengthen the supervision and inspection of the implementation of catering service licenses.

article 8 any unit or individual has the right to report illegal acts during the implementation of the catering service license, and the food and drug supervision and administration department shall promptly verify and handle them.

Chapter II Application and Acceptance

Article 9 An applicant who applies to the food and drug supervision and administration department for a catering service license shall meet the following basic conditions:

(1) Having a place for food raw material processing and food processing and storage suitable for the variety and quantity of food to be produced and supplied, 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 business equipment or facilities suitable for the variety and quantity of food to be produced and supplied, and having corresponding equipment or facilities for disinfection, changing clothes, washing hands, lighting, ventilation, freezing and refrigeration, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage;

(3) having food safety management personnel who have been trained in food safety and meet the relevant conditions, as well as rules and regulations that are suitable for the actual situation of the unit to ensure food safety;

(4) It has a reasonable layout and processing flow to prevent cross-contamination between food to be processed and directly imported food, raw materials and finished products, and avoid food contact with toxic and unclean substances;

(5) Other conditions stipulated by the State Food and Drug Administration or the food and drug administrations of provinces, autonomous regions and municipalities directly under the Central Government.

the requirements for food safety management personnel in catering services and relevant requirements for food safety training shall be formulated by the state food and drug administration.

Article 11 The following materials shall be submitted when applying for the Catering Service License:

(1) An application for the Catering Service License;

(2) the certificate of pre-approval of the name (a copy of the business license can be provided for those who have engaged in other businesses);

(3) Schematic diagram of the catering service business premises and equipment layout, processing flow and sanitary facilities;

(4) the identity certificate (photocopy) of the legal representative (person in charge or owner) and the explanatory materials that do not belong to Article 36 and Article 37 of these Measures;

(5) materials that the food safety management personnel meet the relevant conditions in Article 9 of these Measures;

(6) rules and regulations to ensure food safety;

(7) other materials as prescribed by the State Food and Drug Administration or the food and drug administrations of provinces, autonomous regions and municipalities directly under the Central Government.

article 11 the materials submitted by the applicant shall be true and complete, and shall be responsible for the authenticity of the materials.

Article 12 The food and drug supervision and administration department shall, in accordance with the Administrative Licensing Law, handle the application for catering service license submitted by the applicant as follows:

(1) If the application matters do not need to obtain catering service license according to law, or 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 inform the applicant of the reasons for not accepting the application;

(2) 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 and confirm the corrected contents;

(3) 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 at once on the spot or within 5 working days; if the application materials are not informed within the time limit, it shall be accepted as of the date of receipt of the application materials;

(4) if the application matters fall within the scope of functions and powers of the food and drug administration, and the application materials are complete and conform to the legal form, a decision shall be made on acceptance.

chapter iii examination and decision

article 13 after accepting the application materials submitted by the applicant, the food and drug supervision and administration department shall examine the relevant materials submitted by the applicant in accordance with the provisions of article 11 of these measures and conduct on-site inspection of the applicant's catering service business premises.

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

Article 14 The food and drug supervision and administration department shall, according to the application materials and on-site inspection, make a decision on granting administrative license to those who meet the requirements; For those who do not meet the prescribed conditions, make a decision not to grant administrative license and explain the reasons in writing, and inform the applicant that he has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 15 The food and drug supervision and administration department shall make a decision on administrative license within 21 working days from the date of accepting the application. If it is necessary to extend the license period for special reasons, it may be extended for 11 working days with the approval of the person in charge of this organ, and the applicant shall be informed of the reasons for the extension.

article 16 if the food and drug supervision and administration department makes a decision to grant an administrative license, it shall issue a catering service license to the applicant within 11 working days from the date of making the decision.

article 17 the food and drug supervision and administration department shall timely file the relevant licensing materials for the catering service licensing matters that have been completed.

Chapter IV Alteration, Continuation, Replacement and Cancellation

Article 18 Where the name, legal representative (person in charge or owner) or address number of a catering service provider changes (the actual business premises have not changed), it shall apply to the original issuing department for changing the contents recorded in the Catering Service License, and provide relevant approval certificates issued by relevant departments.

if the license category, remarks, layout process and main sanitary facilities of catering service providers need to be changed, they shall apply to the original license issuing department for the change of the Catering Service License. The original issuing department shall focus on the application for change.

if the food and drug supervision and administration department approves to change the contents recorded in the catering service license or to go through the change procedures according to the provisions in the first and second paragraphs of this article, it will issue a new catering service license, and the license number and validity period of the original catering service license will remain unchanged.

article 19 if a catering service provider needs to renew the catering service license, it shall submit a written application for renewal to the original issuing department 31 days before the expiration of the validity period of the catering service license. If the application for extension is filed within the time limit, it shall be handled in accordance with the newly applied "Catering Service License".

Article 21 An application for renewal of the Catering Service License shall provide the following materials:

(1) an application for renewal of the Catering Service License;

(2) A copy of the original Catering Service License;

(3) Explanations that the business premises, layout process, sanitary facilities, etc. of the original Catering Service License have changed or not;

(4) other materials prescribed by the food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the central government.

article 21 after accepting the application for renewal of the catering service license, the original license issuing department shall focus on whether the business premises, layout process and sanitary facilities of the original license have changed and whether they conform to the provisions of article 9 of these measures. If the extension is granted, a new Catering Service License will be issued, and the original license number of the Catering Service License will remain unchanged.

article 22 the procedures for changing and extending the catering service license shall be implemented in accordance with the relevant provisions in chapters ii and iii of these measures.

article 23 a catering service provider shall return the original catering service license to the issuing department when receiving the changed and renewed new catering service license.

article 24 if a catering service provider loses the catering service license, it shall publicly declare that the catering service license is lost within 61 days after the loss, and apply to the original issuing department for a replacement. If the Catering Service License is damaged, the original license issuing department shall apply for a replacement with the damaged original license.

Article 25 In any of the following circumstances, the issuing department shall cancel the Catering Service License according to law:

(1) The Catering Service License fails to apply for renewal upon its expiration, or the application for renewal is not approved;

(2) The catering service provider terminates according to law;

(3) The Catering Service License is revoked, withdrawn or revoked according to law;

(4) The catering service provider voluntarily applies for cancellation;

(5) Other circumstances in which the Catering Service License should be cancelled according to law.

article 26 if the catering service license is cancelled, the original holder shall promptly return the original of the catering service license to the food and drug supervision and administration department. The food and drug supervision department shall do a good job in the relevant registration of canceling the "catering service license" in time.

chapter v license management

article 27 the catering service license shall specify the name, address, legal representative (person in charge or owner), category, remarks, license number, issuing authority (with official seal), issuing date, validity period and other contents.

article 28 the style of the catering service license shall be uniformly stipulated by the state food and drug administration.

the format of license number is: abbreviation of province, autonomous region and municipality directly under the central government+meal certificate word+4-digit year number+6-digit administrative region code+6-digit administrative region issuing sequence number.

article 29 the validity period of the catering service license is 3 years. Temporarily engaged in catering service activities, the validity of the "catering service license" shall not exceed 6 months.

article 31 if the same catering service provider engages in catering service activities in different places or places, it shall apply for a catering service license separately.

if the business place or place of catering service changes, it shall re-apply for the Catering Service License.

article 31 the catering service license obtained by a catering service provider shall not be transferred, altered, lent, resold or leased.

catering service providers should operate according to the law within the scope of permission, and hang or place the "catering service license" in a conspicuous position in the dining place.

chapter VI supervision and inspection

article 32 if the food and drug supervision and administration department at a higher level finds that the food and drug supervision and administration department at a lower level has implemented the catering service license in violation of regulations, it shall order the food and drug supervision and administration department at a lower level to make corrections within a time limit or directly.

article 33 the food and drug supervision and administration department and its staff shall consciously accept the supervision of catering service providers and the society when performing the duties of catering service licensing.

the food and drug supervision and administration department shall promptly verify the report on the implementation of catering service license in violation of regulations; If the situation is true, it should be corrected immediately.

article 34 if the food and drug supervision and administration department and its staff violate the provisions of these measures to implement the catering service license, the food and drug supervision and administration department at a higher level shall order it to make rectification within a time limit and informed criticism; The relevant staff shall be investigated for administrative responsibility, given criticism and education, undergo off-the-job training, be transferred from law enforcement posts or be disqualified from law enforcement.

When investigating the administrative responsibility of the relevant personnel, the following principles shall be followed:

(1) If the applicant does not meet the requirements of the catering service license, and the undertaker issues an opinion that the applicant meets the requirements of the catering service license, the undertaker shall be investigated for administrative responsibility;

(2) If the undertaker thinks that the applicant does not meet the requirements of the catering service license, and the competent leader still approves the issuance of the Catering Service License, the administrative responsibility of the competent leader shall be investigated;

(3) If both the undertaker and the competent leader are at fault, the administrative responsibility of the competent leader shall be mainly investigated.

Article 35 In any of the following circumstances, the food and drug supervision and administration department that made the decision to issue the Catering Service License or the food and drug supervision and administration department at a higher level may revoke the Catering Service License:

(1) The staff of the food and drug supervision and administration department abuses their powers and neglects their duties to issue the Catering Service License to unqualified applicants;

(2) The staff of the food and drug supervision and administration department issues the Catering Service License beyond the statutory authority;

(3) The staff of the food and drug supervision and administration department issues the Catering Service License in violation of legal procedures;

(4) Other circumstances under which the decision to issue the Catering Service License can be revoked according to law.

if the food and drug supervision and administration department revokes the catering service license in accordance with the provisions of the preceding paragraph, thus causing damage to the legitimate rights and interests of catering service providers, it shall make compensation according to law.

Chapter VII Legal Liability

Article 36 If an applicant conceals relevant information or provides false materials, the food and drug supervision and administration department will not accept it or refuse to grant permission and give a warning; The applicant shall not apply for a catering service license again within 1 years.

if the applicant obtains the catering service license by cheating, bribery or other improper means, the food and drug supervision and administration department shall revoke it; The applicant shall not apply for a catering service license again within 3 years.

article 37 if the applicant's catering service license is revoked, the person in charge directly responsible shall not engage in catering service management within 5 years from the date of making the punishment decision.

if a catering service provider violates the provisions of the food safety law and employs personnel who are not allowed to engage in catering service management, the license shall be revoked by the original issuing department.

article 38 if the food and drug supervision and administration department finds that the catering service provider who has obtained the catering service license does not meet the requirements of catering business, it shall order it to correct it immediately and deal with it according to law; No longer meet the requirements of the catering service license, it shall revoke the "catering service license" according to law.

Chapter VIII Supplementary Provisions

Article 39 The meanings of the following terms in these Measures:

Catering service refers to instant production and addition.