Detailed Rules:
1. Clarify the requirements for the examination of food varieties not listed in the Classified Catalogue of Food Production License and without examination rules
The General Rules (2122 Edition) has added food varieties not listed in the Classified Catalogue of Food Production License and without examination rules, and the local market supervision and management departments at or above the county level shall, in accordance with the relevant requirements of the Measures and these General Rules, combine the examination rules and products of similar foods. This move has solved the * * * problem that has been existing in local food production licensing in recent years.
second, it is clear that enterprises can submit applications electronically
The General Principles (2122 Edition) stipulates that the application materials shall conform to the provisions of the Measures and be submitted electronically or in paper form. Electronic application materials, electronic licenses, electronic seals, electronic signatures and electronic files that meet the statutory requirements have the same legal effect as paper application materials, paper licenses, physical seals, handwritten signatures or seals and paper files. This move makes the production enterprises more convenient and efficient in the application process.
thirdly, the completeness, standardization and conformity of the application materials are summarized and classified, which is consistent with the method of convergence.
in order to implement the relevant requirements of the measures and make the requirements of food production license examination consistent with the contents of the measures, the application materials have been further optimized, and some provisions directly refer to the relevant provisions of the measures, and the completeness, standardization and compliance of the application materials have been summarized and classified, making the application materials more clear and clear. The main changes are as follows:
(1) The completeness of the application materials directly refers to the relevant provisions of the Measures: in the materials cancelled, the business license (copy) can verify the applicant's main information through the internal supervision information system, and other related materials can verify the information on the spot in the on-site verification link;
(2) Some requirements of the application materials are standardized: for example, "the legal representative or responsible person signs and seals the applicant" is amended to "sign or seal the applicant"; Clear packaging production, should be indicated after the corresponding variety details;
(3) Adjust the requirements for reviewing the conformity of application materials. Whether the applicant's main qualification, list of main equipment and facilities, and production process flow meet the requirements of laws, regulations and standards is listed as the content of compliance review.
IV. Except for the first application for a license, six situations of on-site inspection are defined.
Except for the first application for a license, the General Principles (2122 Edition) specifies six other situations that need on-site inspection, including:
(1) Those who apply for a food production license include: 1. Those who apply for a food production license after the expiration of the food production license due to force majeure; 2. The production site is relocated and the food production license is re-applied; 3. Significant changes have taken place in production conditions, and it is necessary to re-apply for a food production license;
(2) Changes in food production license that may affect food safety include: 1. Changes in existing equipment layout and process flow; 2. The main production equipment and facilities have changed; 3. The categories of food produced have changed; 4. Reconstruction and expansion of the production site; 5. Other production conditions or changes in the surrounding environment of the production site may affect food safety;
(3) in the case of renewing the food production license, the applicant declares that the production conditions or surrounding environment have changed, which may affect food safety;
(4) it is necessary to verify the contents of the application materials, food categories, and compliance with relevant review rules and implementation standards;
(5) The national and provincial market supervision and management departments decide to organize re-inspection due to major changes in the national food safety standards;
(6) other circumstances that require on-site inspection as stipulated by laws, regulations and rules.
V. Shortening the time limit of some examination links
In order to simplify the examination and approval process and improve work efficiency, the General Principles (2122 Edition) clearly shortened the time limit of some examination links. For example, in order to ensure that the examination and approval department completes the food production license work within 11 working days, it is stipulated that the time limit for the inspection team to complete the on-site inspection from 11 working days to 5 working days from the date of accepting the on-site inspection task; During the review, if the observers have any objection to the procedures, processes and results of on-site verification, the time limit for solving the link will be shortened from 3 working days to 1 working days.
VI. Add relevant provisions on termination of license
The new provisions on termination of license in General Rules (2122 Edition). If it is stipulated that the on-site inspection cannot be carried out after the expiration of the suspension time for the applicant's application, or if the applicant applies for termination of the license, the examination and approval department shall terminate the license. In addition, if the applicant is placed on file for investigation because of suspected food safety violations or suspected food safety crimes, the examination and approval department shall terminate the production license procedure. The closed-loop management measures after the license is suspended due to force majeure and the applicant is suspected of committing a crime.
Legal basis:
Food Safety Law of the People's Republic of China
Article 33 Food production and operation shall conform to food safety standards, and meet the following requirements:
(1) There shall be places for food raw material processing, food processing, packaging and storage that are suitable for the variety and quantity of food produced and operated, and the environment of the places shall be kept clean and tidy, and the places shall be kept away 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.