chapter I general provisions article 1 these measures are formulated in accordance with the food safety law of the people's Republic of China, the administrative licensing law of the people's Republic of China 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 the People's Republic of China 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 a business place. Article 5 The food and drug supervision and administration department shall carry out classified licensing for food business according to the main format of food business and the risk degree of business projects. Article 6 china 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 are responsible for the management 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 can determine the food business license management authority of the food and drug supervision and administration departments at the city and county level according to the food category and food safety risk status. Article 7 china food and drug administration is responsible for formulating the general rules for the examination of food business licenses.
the local food and drug supervision and administration departments at or above the county level shall observe the general rules for the examination of food business licenses. 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 the efficiency. Chapter II Application and Acceptance Article 9 To apply for a food business license, one should first obtain the legal subject qualifications such as a business license.
enterprises as legal persons, partnerships, sole proprietorships, individual industrial and commercial households, etc., take the subject specified in the business license as the applicant.
for the canteens of government agencies, institutions, social organizations, private non-enterprise units, enterprises and other bidding units, the applicant shall be the subject specified in the registration certificate or business license of the legal person registration certificate of government agencies or institutions and social organizations. Article 11 An application for a food business license shall be made according to the business form of the main body of food business 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, establishing a central kitchen or engaging in collective meal delivery, it shall be marked in brackets after the main business format.
food business items 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 use, infant formula milk powder, other infant formula food) and other food sales; Hot food, cold food, raw food, cakes, homemade drinks and other foods.
The specific varieties listed in other kinds of food sales and other kinds of food manufacturing and selling shall be reported to china food and drug administration for approval before implementation, and clearly marked. Foods with hot, cold, raw, solid, liquid and other conditions that are difficult to be clearly classified 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:
(1) Having a place for food raw material processing, food processing, sales and storage that is suitable for the variety and quantity of food to be operated, 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 handled, 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 management personnel 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) 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;
(2) a copy of the business license or other qualification certification documents;
(3) documents such as the layout of major equipment and facilities, operation procedures and so on, which are suitable for food business;
(4) rules and regulations to ensure food safety, such as food safety self-inspection, health management of employees, incoming inspection records, and handling of food safety accidents.
if the 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, address, contact information of the operator, the publicity method of the food business license and other materials.
if 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.