Food production license management methods

Chapter 1 General Provisions

Article 1 These measures are formulated in order to ensure food safety, strengthen supervision of food production, and regulate food production licensing activities, in accordance with the provisions of the Food Safety Law of the People's Republic of China and its implementing regulations, as well as product quality, production licenses and other laws and regulations.

Article 2 In the territory of the People's Republic of China, enterprises engaged in food production activities and quality and technical supervision departments must comply with these Measures when implementing food production licenses.

Article 3 An enterprise may not engage in food production activities without obtaining a food production license.

Article 4 The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the AQSIQ) is responsible for the management of food production licenses throughout the country within its scope of responsibilities.

The local quality and technical supervision departments at or above the county level shall be responsible for the management of food production licenses within their administrative areas within the scope of their duties.

Article 5 Food production licenses must be strictly implemented in accordance with the procedures and requirements stipulated by laws, regulations and rules, and follow the principles of openness, fairness, justice and convenience.

Chapter II Procedures

Article 6 The establishment of a food production enterprise shall obtain a food production license in accordance with food safety laws and regulations and the relevant requirements of these Measures after the industrial and commercial department has approved the name in advance.

Article 7 The local quality and technology supervision departments at or above the county level shall be the implementing agencies for food production licenses, except for the food production licenses implemented by the SAQSIQ in accordance with the relevant regulations.

The provincial quality and technical supervision departments shall, in accordance with the relevant laws and regulations and the relevant provisions of the SAQSIQ, determine the range of the types of licenses that the quality and technical supervision departments within their respective administrative areas respectively implement.

Article 8 Food production licenses shall meet food safety standards and meet the following requirements:

(1) Having the food raw material processing and food processing, packaging, storage and other places that are suitable for the variety and quantity of foods applying for production licenses, keeping the site clean and tidy, and maintaining a prescribed distance from poisonous and harmful places and other pollution sources;

(2) The production equipment or facilities that are suitable for the variety and quantity of foods for which production permits are applied, and have the corresponding disinfection, changing clothes, washing, lighting, lighting, ventilation, antisepsis, dust prevention, fly prevention, rodent control, pest control, and washing And equipment or facilities for the treatment of waste water, waste, and waste;

(3) Having a reasonable equipment layout and technological flow adapted to the variety and quantity of foods for which production permits are applied, preventing cross-contamination between the food to be processed and direct-entry food, raw materials and finished products, and avoiding food contact with toxic or unclean substances;

(4) food safety professional technicians and management personnel who are suitable for the variety and quantity of foods applying for production licenses;

(5) Food safety management that ensures food safety in accordance with the variety and quantity of food products applied for production license, health check of employees, health records, health management, stock inspection records, factory inspection records, raw material acceptance, production process, etc. system.

Where laws and regulations and national industrial policies have other requirements for the production of food, they shall meet the requirements.

Article 9 To establish a food production enterprise to apply for a food production license, it shall submit it to the quality and technical supervision department of the place where it is produced (hereinafter referred to as the permitting authority), and submit the following materials:

(1) Application for Food Production Permit;

(B) the applicant's identity card (bright) or a copy of the qualification certificate;

(3) The "name pre-approval notice" of the proposed food production enterprise;

(4) plan layout of the food production and processing sites and their surrounding environment, and layout plans of each functional section of the production and processing;

(5) List of food production equipment and facilities;

(6) Food production process flow diagrams and equipment layout plans;

(7) A list of food safety professional and technical personnel and management personnel;

(8) Texts of food safety management rules and regulations;

(9) The food safety standards implemented by the products; the implementation of enterprise standards shall provide the enterprise standards that have been filed by the health administrative department;

(10) Other supporting materials that should be submitted in accordance with relevant laws and regulations.

The materials submitted for application for food production licenses shall be true, legal and valid. The applicant should sign and confirm the application for food production permit and other materials.

Article 10 The licensing authority shall handle the application received in accordance with Article 32 of the Administrative Licensing Law of the People's Republic of China.

If the application decision is to be accepted, a "decision of acceptance" shall be issued. If it decides not to accept the application, it shall issue a "Notice of Disapproval" and state the reasons for inadmissibility, and inform the applicant of the right to apply for administrative reconsideration or file an administrative lawsuit according to law.

Article 11 After the licensing authority accepts the application, it shall organize the verification of the application materials and production sites in accordance with relevant regulations (hereinafter referred to as on-site inspection).

On-site inspections shall be carried out by the permitting agency assigning two to four inspectors to form the verification team and in accordance with the relevant provisions of the State Administration of Quality Supervision, Inspection and Quarantine, and the enterprises shall cooperate with them.

Article 12 The licensing authority shall, in accordance with the results of the verification, make the following treatment within the time limit prescribed by laws and regulations:

(1) Upon on-site verification, if the production conditions meet the requirements, a decision on granting production shall be made in accordance with the law, a “Decision on Approval of Food Production License” shall be issued to the applicant, and a food production license for food production enterprises shall be issued within 10 days from the date of the decision. certificate.

(2) Upon on-the-spot verification, if the production conditions do not meet the requirements, a decision not to grant a production license shall be made in accordance with the law, and the applicant shall be issued a "Notice for Deciding Food Production Licensing" and the reasons shall be explained.

Except for force majeure, due to the reasons of the applicant, the on-site inspection cannot be carried out within the prescribed time limit, and it shall be treated as unqualified in the spot inspection.

Article 13 The proposed food production enterprises must, after obtaining the food production license and processing the business registration formalities for the business license according to law, organize trial production foods according to the needs of the production license inspection.

Article 14 A newly established food production enterprise shall apply for the production license inspection of the licensed food product according to the regulations.

After receiving the application for production license inspection, the licensing authority shall promptly extract and seal the sample in accordance with relevant regulations, and notify the applicant enterprise to send the sample to the inspection agency with corresponding qualifications within seven days after the sample is sealed.

Article 15 After receiving the sample, the inspection agency shall carry out the inspection according to the prescribed requirements and standards, and issue an inspection report in an accurate and timely manner.

Article 16 If the inspection result is qualified, the permitting authority shall determine the scope of the variety of the food production license based on the inspection report, and specify the scope of the food production permit in the subpage of the food production permit.

It is forbidden to sell trial-produced food products before the licensing agency determines the scope of the food production license.

Article 17 If the inspection result is unqualified, it may apply for re-examination in accordance with relevant regulations.

If the re-examination result is that some food varieties are unqualified, the scope of production licenses for such foods will not be determined, and they will not be set out in the subpages of the food production license; sales of such foods by the factory shall be prohibited.

If the conclusion of the re-examination is that all food varieties are unqualified, the license for food production shall be written off in accordance with the relevant provisions; it shall be forbidden to sell all foods of all varieties.

Article 18 Where an already established enterprise applies for obtaining a food production license, it shall hold a valid and valid business license and apply for the permit application formalities in accordance with the relevant conditions and requirements stipulated in this chapter.

The licensing authority accepts the application for permission of the established company to engage in food production in accordance with the relevant conditions and requirements set forth in this chapter, and decides whether or not to grant permission according to the results of on-site inspection and inspection report, and determine the scope of the variety of food production license, and issues a food production license.

Article 19 The food production license is valid for three years.

When the period of validity expires, if an enterprise that has obtained a food production license needs to continue production, it shall file an application for renewal with the original permitting agency six months before the expiration of the valid period for the food production license; if the renewal permit is granted, the serial number of the food production license shall remain unchanged.

Those who have not replaced the card at the expiration of the time limit shall be deemed to be unlicensed; if they intend to continue to produce food, they shall apply again, re-issuance of the card, re-numbering, and the validity period shall be recalculated from the date of license.

Article 20 In any of the following circumstances during the period of validity of a food production license, an enterprise shall file an application for change with the original permitting agency:

(1) changes in the name of the company;

(b) changes in the address of the residence or production address;

(3) relocation of production sites;

(4) changes in the environment around the production site;

(5) Changes in equipment layout and process flow;

(6) Changes in production equipment and facilities;

(7) Other circumstances stipulated by laws and regulations that should apply for change.

Where there is any of the circumstances mentioned in Items (3) to (6) of the preceding paragraph, the original permitting organ shall organize inspections and inspections in accordance with the provisions of these Measures; where the conditions are met, the change procedures shall be handled according to law.

Article 21 When an enterprise proposes to change the application for food production license, it shall submit the following application materials:

(I) Change the application for food production license;

(2) The original and copy of the food production license;

(3) The certification materials related to the change of food production licensing matters.

The materials submitted for the application for changing the food production license shall be true, legal, and valid, and comply with the relevant laws and regulations. The applicant shall sign and confirm the change of the food production permit application and other materials, and be responsible for the legality and authenticity of its contents.

Article 22 If the relevant laws, regulations, food safety standards or technical requirements change within the validity period of the food production license, the original permitting authority may reorganize the inspection and inspection according to the relevant regulations of the State.

Article 23 In any of the following circumstances, the original permitting agency shall go through the formalities for cancellation of the food production license in accordance with the law:

(1) The production license was withdrawn or revoked according to law, or the production license was revoked according to law;

(2) An enterprise that has applied for cancellation or has not renewed the validity of the production license;

(3) The enterprise terminates according to law;

(4) The production license cannot be implemented due to force majeure;

(5) Other circumstances stipulated by laws and regulations that the production license should be cancelled.

Article 24 Where an enterprise applies for cancellation of a food production license, it shall submit the following application materials to the original permitting authority:

(a) cancel the application for food production license;

(2) The original and copy of the food production license;

(3) The certification materials related to cancellation of food production licenses.

Chapter 3 Certificates and Identification

Article 25 Food production licenses are divided into originals and duplicates, and the certificates and their side pages are regulated by the AQSIQ.

Article 26 An enterprise shall properly keep the food production license and suspend or place it in a prominent place on the production site.

Where a food production license is lost or damaged, the enterprise shall promptly make a statement at the media at or above the provincial level and apply for a permit in a timely manner.

Article 27 An enterprise shall mark the food production or its packaging with the food production license number and logo; if there is no food production license number and logo, it shall not be sold by the factory.

Article 28 The food production license number and logo are trademarks of the enterprise that has obtained the food production license. The numbering rules and logos for food production licenses are regulated by the AQSIQ.

Article 29 An enterprise may not lease, lend or otherwise transfer food production licenses and serial numbers. It is forbidden to forge or alter food production licenses, food production license numbers, and food production license marks.

Chapter IV Supervision and Inspection

Article 30 An enterprise shall engage in food production activities within the scope of the variety of food production licenses, and may not produce foods beyond the scope of permitted varieties.

Article 31 An enterprise shall ensure that the production conditions continue to meet the prescribed requirements and be responsible for the food safety it produces.

Article 32 The quality and technical supervision departments at all levels shall regularly or irregularly supervise and inspect food production activities of enterprises within the scope of their respective duties.

Article 33 Quality and technical supervision departments at all levels shall establish a file production management and supervision and inspection file management system. The retention period of the archives shall be implemented according to the relevant regulations of the country.

Article 34 Quality and technical supervision departments at all levels shall establish an information platform for food production licensing and supervision and inspection so that citizens, legal persons and other social organizations can make inquiries.

Chapter V Legal Liability

Article 35 Anyone who violates the provisions of Article 3, Article 16, Paragraph 2, Article 17, Article 2, Article 17, Article 3, Article 30, etc., or has obtained a food production license Those who have been written off according to law shall be punished in accordance with Article 84 of the Food Safety Law of the People's Republic of China.

Article 36 In case of violation of the provisions of Articles 20, 27, and 29 of these Measures that constitute illegal acts as stipulated by relevant laws and regulations, administrative penalties shall be imposed in accordance with the provisions of relevant laws and regulations.

Article 37 Quality and technical supervision departments at all levels and relevant staff members, inspectors, inspection agencies, and inspectors who abuse their power, neglect their duties, and engage in irregularities in the management of food production licenses shall be investigated for relevant legal liabilities according to law.

Article 38 The administrative penalties provided for in these Measures shall be determined and implemented by the local quality and technical supervision departments at or above the county level within the scope of their powers. If a decision is made to revoke a food production license, it shall be reported to the licensing authority level by level before the administrative punishment decision is made.

Article 39 If a party is not satisfied with the administrative license and administrative penalty imposed in accordance with the present Measures, it may file an administrative reconsideration or an administrative lawsuit according to law.

Chapter VI Supplementary Provisions

Article 40 Food referred to in these Procedures refers to the foods prescribed in Article 99 of the "Food Safety Law of the People's Republic of China", but does not include foods that are used for eating agricultural products and claiming to have health functions.

Where laws and administrative regulations provide otherwise for food production licenses for dairy products, genetically modified foods, slaughter of live pigs, alcoholic beverages, and salt, they shall be in accordance with its provisions.

Article 41 The division of food varieties for implementing production licenses as prescribed in the present Measures shall be implemented in accordance with laws and regulations and the relevant provisions of the SAQSIQ.

Article 42 Food service providers who have obtained catering service licenses do not need to obtain food production licenses as prescribed in these Measures for the production of processed foods at their catering service sites.

Article 43: Other food producers, such as small workshops, engage in food production activities in accordance with the provisions of relevant laws and regulations.

Article 44 The qualifications and management of the inspectors and inspection agencies as prescribed in these Measures shall be implemented in accordance with relevant regulations.

Article 45 The AQSIQ shall be responsible for the interpretation of these Measures.

Article 46 The present Measures shall come into force on June 1, 2010. Where the regulations and normative documents concerning food production licenses promulgated by the AQSIQ prior to the implementation of these Measures are inconsistent with these Measures, these Measures shall prevail.