Legal Analysis

In order to regulate food and food additive production licensing activities, strengthen the supervision and management of food production, and safeguard food safety, these measures are formulated in accordance with the Administrative Licensing Law of the People's Republic of China (PRC), the Food Safety Law of the People's Republic of China (PRC), the Regulations for the Implementation of the Food Safety Law of the People's Republic of China (PRC), and other laws and regulations. In the People's Republic of China *** and the territory of the State, engaged in food production activities, shall obtain a food production license in accordance with the law. Food production license application, acceptance, review, decision and its supervision and inspection, the application of these measures.

Food production license shall follow the law, open, fair, just, convenient and efficient principle. Food production license to implement the principle of one enterprise, that is, the same food producers engaged in food production activities, should obtain a food production license.

Legal basis

"Food Production License Measures"

Article 6 of the State Administration of Market Supervision and Administration is responsible for supervising and guiding the management of national food production license. Local market supervision and management departments at or above the county level is responsible for the supervision and management of food production license within the administrative region.

Article VII of the provincial, autonomous regions and municipalities directly under the Central Market Supervision and Administration Department can be based on the food category and food safety risk situation, to determine the city and county-level market supervision and management departments of food production license management authority. Health food, special medical use formula food, infant formula food, infant supplemental food, salt and other food production license by the provincial, autonomous regions, municipalities directly under the Central Market Supervision and Administration Department.

Article VIII of the State Administration of Market Supervision is responsible for the development of food production license review of general rules and regulations. Provinces, autonomous regions, municipalities directly under the Central Market Supervision and Administration can be based on the needs of the administrative region of the food production license review, the local characteristics of the food production license review of the food production license rules, the implementation of the administrative region, and report to the State Administration of Market Supervision. State Administration of Market Supervision to develop and publish the relevant food production license review rules, local characteristics of food production license review rules repealed. Above the county level, the local market supervision and management departments to implement food production license review, should comply with the general rules and regulations of food production license review.