On February 28th, 2009, the 7th meeting of the 11th NPC Standing Committee passed the Food Safety Law, which took effect on the same day. Article 29 of the Food Safety Law stipulates that the state implements a licensing system for food production and operation. Engaged in food production, food circulation, catering services, should obtain food production license, food circulation license, catering service license according to law.
Article 31 of the Food Safety Law stipulates the procedures and legal basis for the application and handling of food production licenses. "Quality supervision, industry and commerce administration, food and drug supervision and management departments at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of People's Republic of China (PRC), review the relevant materials required to be submitted in the first to fourth items of Article 27 of this Law, and conduct on-site inspection of the applicant's production and business premises when necessary; To meet the prescribed conditions, decided to grant permission; If it does not meet the prescribed conditions, it shall decide not to grant the license and explain the reasons in writing.
Specific to the food production license, that is, the applicant must be an enterprise, and individual industrial and commercial households are not allowed to apply for a food production license; An application for permission must be submitted to the quality supervision department; The quality supervision department should go to the enterprise for on-site examination.
An enterprise without a food production license may not produce food, and no enterprise or individual may sell unlicensed food. Article 84 of the Food Safety Law violates the provisions of this law by engaging in food production and marketing activities or producing food additives without permission, and the relevant competent departments shall confiscate the illegal income, illegally produced and marketed food, food additives, tools, equipment, raw materials and other items used for illegal production and marketing according to the division of responsibilities; If the value of food and food additives illegally produced and operated is less than 1 10,000 yuan, a fine of more than 2,000 yuan and less than 50,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed.