Food Distribution License Management Measures

Chapter 1 General Provisions

Article 1 In order to regulate the behavior of food circulation licenses, the management of the “Food Distribution Permit” shall be strengthened, in accordance with the “Food Safety Law of the People's Republic of China” (hereinafter referred to as the “Food Safety Law”), the “Law of the People’s Republic of China on Administrative Licensing Law,” and the Chinese People These Measures are formulated in accordance with the relevant laws and regulations of the Regulations on the Implementation of the Food Safety Law of the Republic (hereinafter referred to as the “Regulations for the Implementation of the Food Safety Law”) and other relevant laws and regulations.
Article 2 These Measures apply to the acceptance of applications for food circulation permits, examination and approval, and related supervision and inspection.
Article 3 Whoever engages in food business in circulation shall obtain food circulation permits according to law.
Food producers who have obtained food production licenses do not need to obtain food circulation permits to sell foods they produce at their production sites; food service providers that have obtained catering service licenses do not need to obtain foods produced and processed at their food service locations. Food circulation permit.
Article 4 Local administrative departments for industry and commerce at or above the county level are the implementing agencies for food circulation permits, and the specific work shall be borne by the functional agencies responsible for the supervision of food safety in circulation. The division of labor under the jurisdiction of local industrial and commercial administrative authorities shall be determined by the administration for industry and commerce of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 5 Food circulation permits shall follow the principles of being lawful, open, fair, equitable, convenient, and efficient.
Article 6 A food business operator shall, after obtaining a "Food Circulation Permit" in accordance with the law, apply to the industry and commerce administrative authority that has registered jurisdiction to apply for business registration. Without obtaining the "Food Circulation Permit" and business license, they must not engage in food business.
Where laws and regulations provide otherwise for food vendors, they shall be in accordance with their provisions.
Article 7 Where the operating conditions of a food business operator have changed and do not meet the requirements for food operations, the food business operator shall immediately take corrective measures; if there is a potential risk of a food safety accident, the food business operation shall be immediately stopped and the county-level food industry shall The administrative department for industry and commerce reports; if it is necessary to re-apply for the permit formalities, it shall be handled according to law.
Local administrative departments for industry and commerce at or above the county level shall strengthen the day-to-day supervision and inspection of the business activities of food business operators; if they find that they do not meet the requirements for food business operations, they shall order immediate correction and dispose of them in accordance with the law; they shall no longer meet the conditions for food circulation permits. , It shall revoke the permit for food circulation according to law.
Article 8 Any organization or individual has the right to report violations of the "Food Circulation Permit" during the process of examination, issuance, and supervision and inspection. The licensing authority shall verify and handle the violation in a timely manner.

Chapter II Application and Acceptance

Article 9 An applicant for the Food Distribution Permit shall meet the food safety standards and meet the following requirements:
(1) Having a food raw material processing and food processing, packaging, storage and other places that are compatible with the types and quantities of foods to be operated, keeping the site clean and tidy, and maintaining a prescribed distance from toxic and hazardous sites and other pollution sources;
(2) Equipment or facilities that are compatible with the types and quantities of foods in operation and have corresponding disinfection, changing, washing, lighting, lighting, ventilation, antisepsis, dust-proof, fly-proof, rodent-proof, insect-proof, washing, and waste-water treatment. Equipment or facilities for storing garbage and waste;
(3) There are professional food safety technical personnel, management personnel, and rules and regulations for ensuring food safety;
(D) have a reasonable equipment layout and process, to prevent the food to be processed and direct access to food, raw materials and finished product cross-contamination, to avoid food contact with toxic and unclean substances.
Article 10 To apply for the "Food Circulation Permit", the following materials shall be submitted:
(1) Application for Food Circulation Permit;
(2) A copy of the "Name Advance Approval Notice";
(3) Proof of use of the business premises that is compatible with food operations;
(4) Identification of the person in charge and food safety management personnel;
(5) List of operating equipment and tools that are compatible with food operations;
(6) Documents concerning the spatial layout and operational procedures of operating facilities that are compatible with food operations;
(7) Text of the food safety management system;
(8) Other materials prescribed by the administration for industry and commerce of provinces, autonomous regions, and municipalities directly under the Central Government.
Where the applicant entrusts another person to apply for a permit, the entrusting agent shall submit the power of attorney and the identity certificate of the entrusting agent or the designated representative.
If an operator who has already qualified as a legal entity applies for an increase in food business projects within the business scope, he must submit proof of the subject qualifications such as a business license, and he does not need to submit a copy of the “name pre-approval notice”.
A newly established food business enterprise applies for a food circulation permit, and the investor's investor is an applicant for license; an enterprise that has already qualified as a principal applies for a food circulation permit; the enterprise applies for a permit applicant; the enterprise branch applies for a food circulation permit, and establishes the branch's An enterprise is a permit applicant; an individual new establishment application or an individual industrial and commercial household applies for a food circulation permit, and the owner is a license applicant. The applicant should sign and seal the application and other materials.
Article 11 The materials submitted for the application of the "Food Circulation Permit" shall be true, legal, and valid, and shall comply with the relevant laws and regulations. The applicant shall be responsible for the legality, authenticity and validity of the submitted materials.
Article 12 The branches of an enterprise are engaged in food operations, and each branch shall apply for the "Food Distribution Permit".
Article 13 When the licensing authority receives an application, it shall review the application and handle it according to the following conditions:
(1) If the application matters do not require obtaining the "Food Circulation Permit" according to law, the applicant shall be immediately notified of the inadmissibility of the application;
(2) Where the matters to be applied do not fall under the terms of reference of the licensing authority according to law, the decision on inadmissibility shall be promptly made and the applicant shall be notified of the application to the relevant administrative authority;
(3) There is an error in the application material that can be corrected on the spot, and the applicant should be allowed to correct it on the spot. The applicant should sign or seal the correction at the correcting point and indicate the correction date.
(4) Where the application material is incomplete or does not conform to the statutory form, the applicant shall be notified on the spot or within five days of all the content that needs to be corrected; on the spot, the application materials shall be returned to the applicant; if it is within five days of notification, an application shall be received. The materials shall be issued with the credentials of the application materials. If the materials are not announced within the time limit, they shall be accepted from the date of receipt of the application materials.
(5) Where the application materials are complete and in compliance with the statutory form, or the applicant submits all the correction materials as required, the licensing authority shall accept the application.
After the licensing authority accepts the license application and before the license decision is made, if the applicant requests in writing to withdraw the application for food circulation permit, it shall agree to withdraw the request; if the license application is withdrawn, the licensing authority shall terminate the application.
Article 14: The licensing authority shall issue a Notice of Acceptance if it accepts the application decision submitted by the applicant. If it decides not to accept the application, it shall issue a "Notice of Acceptance" and state the reasons for inadmissibility. The applicant has the right to apply for administrative reconsideration or file an administrative lawsuit according to law.

Chapter III Review and Approval

Article 15 Food circulation permit items include business premises, persons in charge, scope of license, etc.
The scope of licensing in food distribution licensing matters includes operating items and operating methods. The business items are approved according to two categories: prepackaged foods and bulk foods; the business models are approved according to three categories: wholesale, retail, wholesale and retail.
Article 16 The permitting authority shall verify whether the relevant materials submitted by the applicant meet the requirements of Items 1 through 4 of Article 27 of the Food Safety Law and these Measures. When necessary, on-site inspections of their business premises can be conducted in accordance with statutory authority and procedures. The specific measures for material auditing and on-site verification shall be formulated by the administration for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government.
For on-the-spot verification, the permitting authority shall appoint more than two law enforcement officers to participate in and present valid certificates, and the applicant and the food business operator shall cooperate. On-site inspections should fill out the "Food Circulation Permits On-site Checklist."
Article 17 Where an application for a food circulation permit submitted by the applicant is accepted, the permitting agency shall make a decision on whether to grant permission within 20 days from the date of acceptance. If a permit decision cannot be made within 20 days, it may be extended for 10 days upon the approval of the responsible person of the permitting agency, and the applicant shall be informed of the reasons for the extension of the time limit.
Article 18 If the licensing authority makes a decision to grant a permit, it shall issue a Notice of Approval, informing the applicant to obtain the Food Circulation Permit within 10 days from the date of the decision, and if the permit is to be granted, it shall issue “Licensment of Change of Permit”, informing the applicant to renew “Food Circulation Permit” within 10 days from the date of the decision, and to issue a “Notice of Approval of Cancellation of Permit” to cancel the Food Circulation Permit 》 Where the permitting agency makes a decision to grant permission, it shall make it public.
Where the permitting authority makes a decision not to grant permission, it shall issue a Notice of Rejection of Application stating the reasons for disapproval and inform the applicant of the right to apply for administrative reconsideration or to initiate an administrative lawsuit according to law.
Article 19: Licensing agencies that need to hear major licensing matters involving public interests shall make public announcements and hold hearings.

Chapter 4 Change and Cancellation of Licenses

Article 20 Food business operators who change licensing matters shall apply to the original permitting authority to change the food circulation permit. Licensing may not be changed without permission.
Article 21 If the food business operator applies to the original permitting authority for changing the food circulation permit, he shall submit the following application materials:
(1) Application for Change of Food Circulation Permit;
(b) The "Food Distribution License" is a copy of;
(3) Materials related to changing the food circulation permit matters.
Article 22 The period of validity of food circulation permits is 3 years.
If food business operators need to continue the validity of the food circulation permit, they should apply to the original permitting agency 30 days prior to the expiry date of the “food circulation permit” and renew the “food circulation permit”.
If the license is continued, the "food circulation permit" number after the reissuance will remain unchanged, but the issuing year will be filled in according to the actual situation and the validity period will be recalculated.
Article 23 In any of the following circumstances, the permitting authority for the issuance of the Food Circulation Permit or its superior administrative authority may revoke the food circulation permit that has been made:
(1) A staff member of a licensing office abuses his power, neglects his duty, and issues a Food Circulation Permit to an applicant who does not meet the requirements;
(2) Where the staff of the licensing authority exceeds the legal authority to issue the "Food Circulation Permit";
(3) Where a staff member of a licensing authority issues a Food Circulation Permit in violation of legal procedures;
(4) Other situations in which food distribution permits may be revoked according to law.
Food business operators shall revoke food distribution licenses by fraud, bribery and other unfair means, concealing real conditions, or submitting false materials to obtain food circulation permits.
Any revocation of a food circulation permit in accordance with the preceding two paragraphs may cause significant damage to the public interest and shall not be revoked.
Article 24 In any of the following circumstances, the licensing authority shall go through the formalities for cancelling the food circulation permit according to law:
(1) The expiration date of the "Food Circulation Permit" has expired and the food business operator has not applied for continuation;
(2) The food business operator fails to obtain the qualification of the legal entity within the statutory time limit or the subject qualification is terminated according to law;
(3) The food circulation permit was revoked according to law, or the "food circulation permit" was revoked according to law;
(4) Failure to implement food distribution permit due to force majeure;
(5) Other situations where the "Food Circulation Permit" should be cancelled according to law.
Article 25 If a food business operator applies for cancellation of the Food Circulation Permit, he shall submit the following application materials to the original permitting authority:
(1) Application for Registration of Food Circulation Cancellation Permit;
(b) The "Food Distribution License" is a copy of;
(3) The certification documents related to canceling the "Food Circulation Permit".
After receiving the application for cancellation, the permitting authority cancelled the "Food Circulation Permit" according to law.
Article 26 Where a food business operator loses the "Food Circulation Permit", he shall publicly declare it to be invalid in the newspapers and periodicals, and apply for re-submission to the original permitting authority with relevant evidence. After approval, the original permitting agency will reissue the "Food Circulation Permit" within 20 days.

Chapter V Management of Licenses

Article 27 "Food circulation permit" is divided into original and copy. Originals and copies have the same legal effect.
The specifications of the “Food Circulation Permit”, such as the original copy, copy style, and “Application for Food Circulation Permit”, “Application for Food Circulation Change Permit”, and “Application for Food Distribution Cancellation Permit”, shall be uniformly formulated by the State Administration for Industry and Commerce. The administrative departments for industry and commerce of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the printing, distribution, and management of the "Food Circulation Permit" and related application documents in this administrative area.
Article 28 The "Food Circulation Permit" shall specify: name, place of business, scope of license, type of principal, person in charge, permit number, expiration date, issuing authority, and date of issuance.
Article 29 The "Food Circulation Permit" number consists of two letters + sixteen digits, namely: letter SP + six administrative division codes + two years of certification + one subject nature + six order numbers + one Computer verification code.
The specific numbering rules for Food Distribution Permit shall be formulated separately.
Article 30 After the food business operator obtains the "Food Circulation Permit", he shall keep it properly, and shall not falsify, alter, resell, rent, lend, or otherwise illegally transfer it.
The food business operator shall hang or place the original copy of the "Food Circulation Permit" at a prominent place on the business premises.

Chapter VI Supervision and Inspection

Article 31 Local administrative departments for industry and commerce at or above the county level shall supervise and inspect food business operators in accordance with their duties as stipulated by laws and regulations. The main contents of supervision and inspection are:
(1) Whether the food business operator has a Food Circulation Permit;
(II) If the operating conditions of food business operators have changed and do not meet the business requirements, whether the business operators immediately take corrective actions; if there is a potential risk of food safety accidents, whether the business operators cease their business activities immediately and apply to the local county-level business Reports from the administrative authorities; if it is necessary to re-apply for the permit formalities, the operators shall handle them according to law;
(3) Changes in the food distribution permit matter, whether the operator has changed the license in accordance with the law or reapply for the "Food Distribution Permit";
(4) Whether there are acts of forgery, alteration, reselling, renting, lending, or otherwise illegally transferring the Food Circulation Permit;
(5) Whether the employees employed have physical health certification materials;
(6) Whether there are measures to ensure food quality and control pollution in the process of food storage, transportation and sales;
(7) Other circumstances stipulated by laws and regulations.
Article 32 Local administrative authorities for industry and commerce at or above the county level shall establish a credit file for food business operators to record the issuance of licenses, the results of daily supervision and inspections, and the investigation and punishment of illegal activities.
When the food business operator supervises and inspects food business activities, the administrative department for industry and commerce shall record the situation of the supervision and inspection and the results of the treatment, and shall be filed by the supervisory and inspector and the food business operator after signature and confirmation.
The administrative departments for industry and commerce shall examine whether the Food Circulation Permit has been revoked, revoked, or expired in accordance with the relevant provisions of the annual inspection of the enterprise and the inspection of the individual industrial and commercial account when handling the annual inspection of the enterprise and the examination of the individual industrial and commercial households. When the Food Circulation Permit is revoked, revoked, or expired, the registration authority shall, in accordance with the relevant regulations, order it to handle the change of business scope or cancel the registration.
Article 33 Where the permit applicant conceals the true situation or provides false materials to apply for a food circulation permit, the administration for industry and commerce shall not accept or grant a permit. The applicant shall not apply for food circulation permit again within one year.
If the licensee obtains the permit for food circulation through fraudulent or bribery or other improper means, the applicant may not reapply for food circulation permit within three years.
Where a license for food production, circulation or catering services is revoked, the directly responsible person in charge shall not engage in food business management within five years from the date of the penalty decision.
Where a food business operator employs personnel who are not allowed to engage in food production, operation and management work, the license is revoked by the original license-issuing department.
Article 34 In any of the following circumstances, it shall be punished in accordance with the provisions of laws and regulations. If there are no provisions in laws or regulations, they shall be ordered to make corrections, given a warning, and a fine of not more than 10,000 yuan shall be imposed; if the circumstances are serious, a fine of more than 10,000 yuan but less than 30,000 yuan shall be imposed:
(1) unauthorized changes to licensing matters without permission;
(2) falsifying, altering, reselling, renting, lending the Food Circulation Permit, or illegally transferring the Food Circulation Permit in other forms;
(3) concealing the true situation or submitting false materials and applying for or obtaining food circulation permits;
(4) Obtaining food circulation permits by fraud, bribery and other unfair means.
In accordance with the "Law of the People's Republic of China on Administrative Punishments," the punishment may be lightened or mitigated if it actively eliminates or mitigates the consequences of harm, or there are other statutory circumstances; and if the violation is minor, it is promptly corrected and no harmful consequences are caused. Punishment.
Article 35 If a food business operator is not satisfied with the penalty decision of the administrative department for industry and commerce, he may apply for administrative review or file an administrative lawsuit according to law.
Article 36 If a food business operator is legally canceled, revoked, or revoked a food circulation permit within the validity period of the business license, or the expiration date of the Food Circulation Permit expires, it shall be cancelled, revoked, revoked, or the expiration date of the permit expires. Within 30 days, they will apply for change registration or cancel registration.
Article 37 Where staff members of the administration for industry and commerce neglect their duties, abuse their powers or engage in malpractices for personal gains, they shall be held accountable for the administrative responsibilities of relevant personnel. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 38 The administrative department for industry and commerce shall establish a food circulation permit file according to law.
Those who borrow, transcribe, carry, or copy archival materials are subject to laws, regulations, and the relevant provisions of the State Administration for Industry and Commerce. No unit or individual may modify, smear, mark, or destroy the file information.
Article 39 The administrative department for industry and commerce shall strengthen its working relationship with the food safety comprehensive coordination department at the same level and shall promptly report relevant information on food circulation permit.

Chapter VII Supplementary Provisions

Article 40 Where a food business operator has obtained the "Food Hygiene License" before the implementation of these Measures, the original license shall continue to be valid. When a change in the license of the original license occurs or the validity period expires, the food business operator shall file an application in accordance with the provisions of the present Measures. After being reviewed by the licensing authority, the Food Sanitation License shall be cancelled and the Food Circulation Permit shall be obtained and it shall be subject to the territorial jurisdiction. Principles shall be supervised and inspected by local administrative authorities for industry and commerce according to law.
As for the food business operators whose "Food Sanitation Licenses" continue to be effective, the administrative departments for industry and commerce shall, in accordance with the provisions of the "Food Safety Law," "Regulations for the Implementation of Food Safety Law," and these Measures, carry out regular or irregular inspections.
Article 41 The funds required for the implementation of food circulation permits shall be included in the budget of the administrative agency.
Article 42 The administrative departments for industry and commerce of the provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific measures for implementation in accordance with the local conditions.
Article 43 The Measures shall be interpreted by the State Administration for Industry and Commerce.
Article 44 The present Measures shall come into force as of the date of promulgation.