Administrative Measures for Food Operation Licensing and Filing
Administrative Measures for Food Operation Licensing and Filing
Administrative Measures for Food Operation Licensing and Filing
Order of the State Administration for Market Regulation No.78
June 15, 2023
(Promulgated by Order of the State Administration for Market Regulation No.78 on June 15, 2023, and effective as of December 1, 2023)
Chapter I General Provisions
Article 1 The Measures are enacted in accordance with the Administrative Licensing Law of the People's Republic of China, the Food Safety Law of the People's Republic of China, the Implementing Regulations of the Food Safety Law of the People's Republic of China and other laws and regulations, to regulate the food operation licensing and filing, strengthen the supervision and administration of food operation and safety, implement the main responsibilities for food safety, and ensure food safety.
Article 2. The Measures shall apply to the application, acceptance, review, and decision-making in regard to food operation licensing, the filing for selling only prepackaged food (including health food, food for special medical purposes, infant formula milk powder and other infant formula food, as well as other special food, hereinafter inclusive), and the relevant supervision and inspection.
Article 3 The food operation licensing and filing shall follow the principles of legitimacy, openness, fairness, impartiality, convenience, and efficiency.
Article 4 To engage in food sales and dining services within the territory of the People's Republic of China, a food operation license shall be obtained in accordance with the law.
A food business license is not required in the case of:
(1) sales of edible agricultural products;
(2) sales of only prepackaged food;
(3) sales of specific total nutrient formula food within the scope of the food for special medical purposes by medical institutions or drug retailers;
(4) sales of food produced by food producers which have obtained food production licenses in their production and processing locations or through the network; or
(5) other circumstances where a food operation license is not required according to laws and regulations.
Any food operator which falls under any of the above circumstances and simultaneously carries out other food operation projects shall obtain a food operation license in accordance with the law.
Article 5 Sales of only prepackaged food shall be reported to the local department for market regulation at or above the county level in the place where the food seller is located for filing.
If a food operator only engaging in selling prepackaged food adds other food operation projects for which a food operation license is required after completing the filing for only selling prepackaged food, it shall obtain a food business license in accordance with the law. The said filing shall be automatically invalidated as of the date of obtaining the food operation license.
A food operator which has obtained a food operation license is not required to file for additional business of selling prepackaged food separately.
A food producer which has obtained a food production license is not required to file for sales of its produced prepackaged food in its production and processing location or through the network separately.
Medical institutions or drug retailers are not required to file for selling specific total nutrient formula food within the scope of the food for special medical purposes, but operators engaging in selling specific total nutrient formula food to medical institutions or drug retailers shall obtain a food operation license or file for the sale.
Article 6 The organizer of a food fair shall report the layout of the food operation area, the operation projects, the operating period, the food safety management system, the information verification of incoming food operators, and other situations to the local department for market regulation at the county level within the 15 working days before the fair. If there are provisions prescribed in laws, regulations or rules or by local people's governments at or above the county level, such provisions shall prevail.
The organizer of a food fair shall assume the food safety management responsibilities in accordance with the law, verify and retain the information such as the license or filing status of the incoming food operators, clarify their food safety obligations and responsibilities and supervise and urge them to perform such obligations and responsibilities, inspect their operating environment and conditions on a regular basis, and promptly stop violations of food safety (if any) and immediately report the same to the local department for market regulation at the county level.
The type of fair stipulated in this Article shall include trade fairs, expos, temple fairs, and other similar events.
Article 7 Any food operator engaging in food operation in different operation sites shall respectively obtain food operation licenses or file for operation in accordance with the law. Those food operators which engage in food operation through automatic equipment or which only engage in food operation may carry out business activities within the scope of the obtained license or completed filing in other operation sites within the corresponding provincial administrative region immediately upon obtaining a food operation license for or making a filing for the operation site.
Any food operator which uses automatic equipment for inter-provincial operation shall respectively report the same to the provincial departments for market regulation in the place where the operator is located and in the place where the automatic equipment is located.
If a food operator engages in food operation across provinces, it shall respectively report the same to the provincial departments for market regulation in the place where the operator is located and in the place where the operator engages in the operation.
Article 8 The State Administration for Market Regulation (SAMR) shall be responsible for guiding the administration of food operation licensing and filing nationwide.
The local departments for market regulation at or above the county level shall be responsible for the administration of food operation licensing and filing within their respective administrative regions.
The departments for market regulation of provinces, autonomous regions, and municipalities directly under the Central Government may determine the administrative authority of food operation licensing and filing of the departments for market regulation within their respective administrative regions according to food operators' types of operation, operation projects and food safety risks, and in light of the actual food safety risk management.
Article 9 The local departments for market regulation at or above the county level shall strengthen the application of information technology in food operation licensing and filing, and publish the administrative authority of food operation licensing and filing, service guidelines and other matters on the websites of the administrative agencies.
The local departments for market regulation at or above the county level shall implement the whole-process online handling of food operation licensing and filing through the information platform for administration of the food operation licensing and filing.
Electronic food operation licenses shall have the same legal effect as the paper ones.
Chapter II Application and Acceptance
Article 10 Food operation licensing applicants shall first obtain their business licenses and other legal subject qualifications.
For enterprise legal persons, partnership enterprises, individual proprietorship enterprises, and individually-owned businesses, the subjects indicated on their business licenses shall serve as the applicants.
For government agencies, public institutions, social organizations, private non-enterprise entities, enterprises, and other entities which apply to establish canteens, the subjects indicated on the legal person registration certificates, social organization registration certificates, or business licenses, or other certificates of the government agencies or public institutions shall serve as the applicants.
Article 11 Food operation licensing applications shall be filed according to food operators' types of operation and operation project classification.
Types of operation of food operators are divided into food sales operators, dining service operators, and canteens of units offering centralized dining services. Where food operators engage in food wholesale and sales, business of a central kitchen, or the delivery of group meals, or engage in food operation using automatic equipment or the business of canteens of schools or kindergartens, such situation shall be marked in parentheses after the food operators' type of operation. The operators' types of operation shall be determined by the main operation projects and may not be selected repeatedly.
Food operation projects are divided into food sales, dining services, and food operation. Food operation projects may be selected repeatedly.
Food sale includes the sale of unpackaged food and sale of unpackaged food and prepackaged food.
Dining services include the production and sale of hot food, production and sale of cold food, production and sale of uncooked food, production and sale of half-finished products, and production and sale of homemade beverages. In particular, the production and sale of half-finished food shall only be applied by central kitchens.
Food operation includes food sale chain management, dining service chain management, and dining service management.
If a food operator engages in the sale of unpackaged cooked food within the scope of sale of unpackaged food or the production and sale of reprocessing pastry at room or low temperature after being heated and production and sale of cold meat within the scope of production and sale of cold food, such situation shall be marked in parentheses after the operation projects.
Food which can be hot, cold, uncooked, solid, liquid, or in another state, and which is difficult to be clearly classified may be classified as having the highest level of food safety risk.
The SAMR may, based on its supervision and administration needs, adjust the food operation projects.
Article 12 Food operation licensing applicants shall meet the food safety requirements commensurate with the operators' types of operation and operation projects, and satisfy the following conditions:
(1) they have places for preparing food materials, and processing, selling, and storing food which are appropriate for the varieties and quantities of food which they handle, keep the environment of such places clean and tidy, and maintain the prescribed distance from toxic and harmful places and other sources of pollution;
(2) they have operation equipment and facilities which are appropriate for the varieties and quantities of food which they handle, and have the corresponding equipment or facilities for sterilization, dressing, toilet, lighting, illumination, ventilation, anti-corrosion, dust prevention, fly prevention, rat prevention, insect prevention, washing, wastewater treatment, and storage of garbage and other waste;
(3) they have full-time or part-time food safety management personnel such as food safety directors and food safety officers, and rules and regulations on food safety assurance;
(4) they have reasonable equipment layout and technological processes to prevent the cross-contamination between to-be-processed food and ready-to-eat food and raw materials and finished products, and to avoid food from coming into contact with toxic or unclean substances; and
5.
......
Order of the State Administration for Market Regulation No.78
June 15, 2023
(Promulgated by Order of the State Administration for Market Regulation No.78 on June 15, 2023, and effective as of December 1, 2023)
Chapter I General Provisions
Article 1 The Measures are enacted in accordance with the Administrative Licensing Law of the People's Republic of China, the Food Safety Law of the People's Republic of China, the Implementing Regulations of the Food Safety Law of the People's Republic of China and other laws and regulations, to regulate the food operation licensing and filing, strengthen the supervision and administration of food operation and safety, implement the main responsibilities for food safety, and ensure food safety.
Article 2. The Measures shall apply to the application, acceptance, review, and decision-making in regard to food operation licensing, the filing for selling only prepackaged food (including health food, food for special medical purposes, infant formula milk powder and other infant formula food, as well as other special food, hereinafter inclusive), and the relevant supervision and inspection.
Article 3 The food operation licensing and filing shall follow the principles of legitimacy, openness, fairness, impartiality, convenience, and efficiency.
Article 4 To engage in food sales and dining services within the territory of the People's Republic of China, a food operation license shall be obtained in accordance with the law.
A food business license is not required in the case of:
(1) sales of edible agricultural products;
(2) sales of only prepackaged food;
(3) sales of specific total nutrient formula food within the scope of the food for special medical purposes by medical institutions or drug retailers;
(4) sales of food produced by food producers which have obtained food production licenses in their production and processing locations or through the network; or
(5) other circumstances where a food operation license is not required according to laws and regulations.
Any food operator which falls under any of the above circumstances and simultaneously carries out other food operation projects shall obtain a food operation license in accordance with the law.
Article 5 Sales of only prepackaged food shall be reported to the local department for market regulation at or above the county level in the place where the food seller is located for filing.
If a food operator only engaging in selling prepackaged food adds other food operation projects for which a food operation license is required after completing the filing for only selling prepackaged food, it shall obtain a food business license in accordance with the law. The said filing shall be automatically invalidated as of the date of obtaining the food operation license.
A food operator which has obtained a food operation license is not required to file for additional business of selling prepackaged food separately.
A food producer which has obtained a food production license is not required to file for sales of its produced prepackaged food in its production and processing location or through the network separately.
Medical institutions or drug retailers are not required to file for selling specific total nutrient formula food within the scope of the food for special medical purposes, but operators engaging in selling specific total nutrient formula food to medical institutions or drug retailers shall obtain a food operation license or file for the sale.
Article 6 The organizer of a food fair shall report the layout of the food operation area, the operation projects, the operating period, the food safety management system, the information verification of incoming food operators, and other situations to the local department for market regulation at the county level within the 15 working days before the fair. If there are provisions prescribed in laws, regulations or rules or by local people's governments at or above the county level, such provisions shall prevail.
The organizer of a food fair shall assume the food safety management responsibilities in accordance with the law, verify and retain the information such as the license or filing status of the incoming food operators, clarify their food safety obligations and responsibilities and supervise and urge them to perform such obligations and responsibilities, inspect their operating environment and conditions on a regular basis, and promptly stop violations of food safety (if any) and immediately report the same to the local department for market regulation at the county level.
The type of fair stipulated in this Article shall include trade fairs, expos, temple fairs, and other similar events.
Article 7 Any food operator engaging in food operation in different operation sites shall respectively obtain food operation licenses or file for operation in accordance with the law. Those food operators which engage in food operation through automatic equipment or which only engage in food operation may carry out business activities within the scope of the obtained license or completed filing in other operation sites within the corresponding provincial administrative region immediately upon obtaining a food operation license for or making a filing for the operation site.
Any food operator which uses automatic equipment for inter-provincial operation shall respectively report the same to the provincial departments for market regulation in the place where the operator is located and in the place where the automatic equipment is located.
If a food operator engages in food operation across provinces, it shall respectively report the same to the provincial departments for market regulation in the place where the operator is located and in the place where the operator engages in the operation.
Article 8 The State Administration for Market Regulation (SAMR) shall be responsible for guiding the administration of food operation licensing and filing nationwide.
The local departments for market regulation at or above the county level shall be responsible for the administration of food operation licensing and filing within their respective administrative regions.
The departments for market regulation of provinces, autonomous regions, and municipalities directly under the Central Government may determine the administrative authority of food operation licensing and filing of the departments for market regulation within their respective administrative regions according to food operators' types of operation, operation projects and food safety risks, and in light of the actual food safety risk management.
Article 9 The local departments for market regulation at or above the county level shall strengthen the application of information technology in food operation licensing and filing, and publish the administrative authority of food operation licensing and filing, service guidelines and other matters on the websites of the administrative agencies.
The local departments for market regulation at or above the county level shall implement the whole-process online handling of food operation licensing and filing through the information platform for administration of the food operation licensing and filing.
Electronic food operation licenses shall have the same legal effect as the paper ones.
Chapter II Application and Acceptance
Article 10 Food operation licensing applicants shall first obtain their business licenses and other legal subject qualifications.
For enterprise legal persons, partnership enterprises, individual proprietorship enterprises, and individually-owned businesses, the subjects indicated on their business licenses shall serve as the applicants.
For government agencies, public institutions, social organizations, private non-enterprise entities, enterprises, and other entities which apply to establish canteens, the subjects indicated on the legal person registration certificates, social organization registration certificates, or business licenses, or other certificates of the government agencies or public institutions shall serve as the applicants.
Article 11 Food operation licensing applications shall be filed according to food operators' types of operation and operation project classification.
Types of operation of food operators are divided into food sales operators, dining service operators, and canteens of units offering centralized dining services. Where food operators engage in food wholesale and sales, business of a central kitchen, or the delivery of group meals, or engage in food operation using automatic equipment or the business of canteens of schools or kindergartens, such situation shall be marked in parentheses after the food operators' type of operation. The operators' types of operation shall be determined by the main operation projects and may not be selected repeatedly.
Food operation projects are divided into food sales, dining services, and food operation. Food operation projects may be selected repeatedly.
Food sale includes the sale of unpackaged food and sale of unpackaged food and prepackaged food.
Dining services include the production and sale of hot food, production and sale of cold food, production and sale of uncooked food, production and sale of half-finished products, and production and sale of homemade beverages. In particular, the production and sale of half-finished food shall only be applied by central kitchens.
Food operation includes food sale chain management, dining service chain management, and dining service management.
If a food operator engages in the sale of unpackaged cooked food within the scope of sale of unpackaged food or the production and sale of reprocessing pastry at room or low temperature after being heated and production and sale of cold meat within the scope of production and sale of cold food, such situation shall be marked in parentheses after the operation projects.
Food which can be hot, cold, uncooked, solid, liquid, or in another state, and which is difficult to be clearly classified may be classified as having the highest level of food safety risk.
The SAMR may, based on its supervision and administration needs, adjust the food operation projects.
Article 12 Food operation licensing applicants shall meet the food safety requirements commensurate with the operators' types of operation and operation projects, and satisfy the following conditions:
(1) they have places for preparing food materials, and processing, selling, and storing food which are appropriate for the varieties and quantities of food which they handle, keep the environment of such places clean and tidy, and maintain the prescribed distance from toxic and harmful places and other sources of pollution;
(2) they have operation equipment and facilities which are appropriate for the varieties and quantities of food which they handle, and have the corresponding equipment or facilities for sterilization, dressing, toilet, lighting, illumination, ventilation, anti-corrosion, dust prevention, fly prevention, rat prevention, insect prevention, washing, wastewater treatment, and storage of garbage and other waste;
(3) they have full-time or part-time food safety management personnel such as food safety directors and food safety officers, and rules and regulations on food safety assurance;
(4) they have reasonable equipment layout and technological processes to prevent the cross-contamination between to-be-processed food and ready-to-eat food and raw materials and finished products, and to avoid food from coming into contact with toxic or unclean substances; and
5.
......