Food Service License Management Approach

Original Language Title: 餐饮服务许可管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700258988.shtml

Food service license management approach

    (March 4, 2010 Ministry of health, the 70th release as of May 1, 2010) Chapter I General provisions

    First article for specification catering service license work, strengthening catering service supervision management, maintenance normal of catering service order, protection consumers health, according to People's Republic of China food security method (following referred to food security method), and People's Republic of China administrative license method (following referred to administrative license method), and People's Republic of China food security method implementation Ordinance (following referred to food security method implementation Ordinance), about legal regulations of provides, developed this approach.

    Second approach applies to units and individuals engaged in food and beverage service (hereinafter referred to as food service providers), is not applicable to food vendors and food units of semi-finished products for food service providers and individuals. Catering services through a licensing system.

    Catering service provider shall obtain a catering license and take food service food safety responsibility according to law.

    Collective food enterprise into the scope of food service license management.

    Article III the State food and Drug Administration permitted by the competent national food service management, local food and drug supervision and management departments at all levels are responsible for the food service license management in the administrative area. Fourth food service license in accordance with catering service provider business and scale categories.

    Food service classification review license specifications formulated by the State food and drug administration.

    The food service license acceptance and approval of licensing authorities from various provinces, autonomous regions and municipalities directly under the provisions of the food and drug supervision and Administration Department.

    Fifth food and drug supervision and management, implement food service permit shall comply with the laws, rules and regulations of the authority, scope, conditions and procedures, following the principles of openness, fairness, impartiality, and convenience.

    Sixth food and drug supervision and management departments should establish food service license information and archive management system, periodic announcements made or cancellation of licensed food service catering service provider directory.

    Seventh food and drug supervision and management departments should strengthen supervision and inspection of implementation of food service license.

    The eighth article of any units and individuals have the right to report food service license violations during the implementation process, the food and drug supervision and management departments should be verified, processed in a timely manner.

    Chapter II application and acceptance

    Article the applicant submitted to the food and drug administration food service permit application should possess the following basic conditions:

    (A) has and making the supply of food, which adapts to the number of food processing and food processing, storage, and other places, keep the site clean and tidy environment, and with toxic, harmful sites and other sources to maintain prescribed distance;

    (B) has and making supply of food variety and quantity suitable operating equipment or facilities, there is a corresponding disinfection, dressing, washing, lighting, lighting, ventilation, refrigeration, dust, flies and rodents, pest control, cleaning and waste water treatment equipment or facilities, store garbage and waste;

    (C) with the food safety food safety managers in training, in accordance with the relevant conditions and guarantees in conformity with the actual conditions of food safety regulations;

    (D) with reasonable layout and process flow, prevent processed food and foodstuffs, raw materials and finished products directly cross-contamination, avoid food contact poisons, dirt;

    (E) the State food and drug administration or the provinces, autonomous regions, municipalities directly under the provisions of the food and Drug Administration other criteria.

    Food service food safety management conditions and food safety training requirements formulated by the State food and drug administration.

    Tenth strip the food service license the applicant shall submit the following materials:

    (A) the food service license applications;

    (B) name pre-approval certificates (provide copy of business license that has been engaging in other business);

    (C) food service establishments and equipment layout, processing procedures, sanitation and other schematics;

    (D) the legal representative (owner or owners) of identity (copy), and does not belong to the 36th and 37th of these measures description of materials;

    (E) food safety managers comply with this article Nineth for condition of materials;

    (Vi) to ensure food safety rules and regulations;

    (G) the State food and drug administration or the provinces, autonomous regions, municipalities directly under the provisions of the food and Drug Administration Department of other materials.

    11th material submitted by the applicant should be true, complete, and responsible for the authenticity of the material.

    12th food and drug supervision and management departments in accordance with the administrative licensing law, food service permit application submitted by the applicant to the following:

    (A) the application does not need to obtain a food service license according to law, or not part of the mandate of the food and drug administration according to law, shall immediately inform the applicant does not receive the reasons for the;

    (B) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot, applicants will be expected to correct the content signature confirmation;

    (C) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within 5 working days once inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (D) for matters belonging to the mandate of the food and drug administration, application materials are complete and in compliance with the statutory form, the decision should be made.

    Chapter III examination and decision

    13th food and drug administration after accepting the application materials submitted by the applicant, should the applicant submitted relevant information in accordance with article tenth of this approach, and on-site verification of applicant's food service establishments.

    Superior food and Drug Administration accepts the application for catering services licensing may be entrusted with lower food and drug supervision and Administration Department for on-site verification.

    14th food and drug supervision and management departments should be based on the application materials and on-site verification, eligible, make a decision approving an administrative license; does not meet the requirements of, and reasons to grant administrative licensing decision, and in writing, at the same time inform the applicant have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 15th food and drug supervision and Administration Department shall, within 20 working days from the date of acceptance of the application to make decision on the administrative license.

    Due to special reasons for extending the license period, approved by the head of this body, can be extended by 10 working days, and shall inform the applicant of the reasons for such further period.

    The 16th food and Drug Administration make a decision on approving an administrative license shall make a decision within 10 working days of the date the applicant issued a food service license.

    17th for catering services licensing matters that have been concluded, the food and Drug Administration license material should be archived in a timely manner.

    Fourth chapter alteration, extension, replacement and cancellation

    18th catering service provider name, the legal representative (owner or owners) number or address change (the actual place of business did not change), should be submitted to the issuing department handling the food service license contents change requests, and to provide relevant evidence of approval issued by the Department. Catering service provider license categories, notes, project and layout process, major health facility needs to be changed, shall apply to the issuing department handling the food service license change procedures.

    Original issuing authorities shall verify with a focus on applications for changes.

    Food and drug supervision and management departments in accordance with the first and second paragraph of this article are allowed to change the food service license records or granted for the change procedures, issuing new food service license, original food service license certificate number and expiration date does not change. 19th restaurant service provider needs to extend the food service license shall be the food service license expires 30th lodge renewal application to the Certification Department in writing.

    Late renewal application, under the new application for the food service license management.

    20th renewal of the food service license shall provide the following documents:

    (A) the food service license extension applications;

    (B) the original copy of the food service license;

    (C) the original food service license business premises, the layout process, health facilities and other illustrative material of the content change, or no change;

    (D) food and drug regulatory agency of provinces, autonomous regions and municipalities directly under the provisions of other materials. 21st original issuance after the Department accepts the food service license renewal application, should focus on the licensed premises, processes, health facilities if there is any change to the layout, and to audit compliance with the provisions of article Nineth.

    Approve the extension, issuing new food service license, original food service license certificate number does not change.

    22nd the food service license changes, the continuation of the program in accordance with this approach the second chapter, the relevant provisions of chapter III.

    Article 23rd the catering service providers receiving changes, right after the new when the food service license, original food service license should be returned to the issuing department. 24th restaurant lost a food service license of the service provider, public statement within 60 days after the loss of the food service license is lost, the original issuing authority for the reissue.

    The food service license is damaged, destroyed the original certificate to the issuing authority for a replacement.

    25th under any of the following circumstances, issuing departments shall log off the food service license:

    (A) the food service license expiration is not to seek an extension or renewal application has not been approved;

    (B) where the catering service provider terminated according to law;

    (C) the food service license is revoked, withdrawn or revoked according to law;

    (D) the initiative to apply for cancellation of the catering service providers;

    (E) the law shall be revoked a catering license in other circumstances. 26th the food service license is cancelled, the holder shall, without delay the food service license the original back to the food and drug administration.

    Food and drug supervision departments should manage the food service license cancellation of the relevant registration.

    The fifth chapter license management

    27th a food service license shall contain the name, address, legal representative (owner or owners), categories, note, the license number and issuing authority (stamped), certification, date of expiry, and so on.

    28th article of the style of the food service license provided centrally by the State food and drug administration.

    License number format: provinces, autonomous regions and municipalities directly under the abbreviation + meals card + 4-digit year number + 6-digit administrative code + 6-digit administrative certification order number. 29th the food service license is valid for 3 years.

    Of temporary food service activities, the food service license is valid for not more than 6 months.

    30th same catering service provider at different locations or sites engaged in food and beverage service activities, each Party shall apply for the food service license.

    Food service location or venue change, should re-apply for a food service license.

    31st restaurant service provides access to the food service license, may not be transferred, altered, lend, sell, rent.

    Catering service providers shall operate in accordance with permitted according to law, and placed prominently hung in dining establishments or the food service license.

    The sixth chapter, supervision and inspection

    32nd superior food and drug supervision Department lower food and Drug Administration found violations of provisions implementing the food service license, shall order the deadlines to correct the lower food and drug regulatory agency or directly to correct them.

    33rd food and drug supervision and management departments and their staff to perform catering services licensing functions should consciously accept the supervision of food service providers, and community.

    Food and Drug Administration received reports on implementation of food service license violation of provisions, shall be verified in time; the case, that should be corrected immediately.

    The 34th food and drug supervision and Management Department and his staff have violated these measures provide for catering services licensing, superior food and drug regulatory agency ordered corrective action and informed criticism; administrative responsibility of those on the staff concerned, give criticism and education, post training, removed from law enforcement jobs or to cancel the qualifications.

    Holding administrative responsibilities related to personnel, in accordance with the following principles:

    (A) the applicant does not meet the licensing conditions for catering services, contractors issued by the applicant meets the conditions for catering services licensing, accountability for administrative liability of contractors;

    (B) the contractors that the applicant does not meet the food service license conditions, competent leadership is still granting the food service license, pursue the administrative responsibility of competent leadership;

    (C) contractors and competent leadership are at fault, mainly pursue the administrative responsibility of competent leadership.

    35th under any of the following circumstances, the food service license issued decision of the food and drug administration or by a superior food and drug supervision and management departments, the food service license may be withdrawn:

    (A) the food and drug administration who abuses his power, dereliction of duty, issued to an applicant who does not meet the requirements of the food service license;

    (B) the staff of the food and Drug Administration issued exceeded the statutory terms of reference of the food service license;

    (C) the food and Drug Administration issued a food service license in violation of legal procedures;

    (D) may be revoked according to law the food service license issued decisions in other circumstances.

    Food and Drug Administration revoked a catering license in accordance with the preceding paragraph, cause damage to the legitimate rights and interests of the catering service provider shall be compensated according to law.

    The seventh chapter legal liability

    36th applicant concealed relevant information or provide false materials, after the food and Drug Administration found inadmissible or not to license, and gave warning that applicant may not apply again for a food service license in 1 year.

    Applicant fraud, bribery or other improper means a food service license, the food and drug supervision and management departments should be abolished; the applicant may not apply again for a food service license in 3 years.

    37th the food service license has been revoked by the applicant, persons directly in charge of within 5 years from the date of the decision shall not be engaged in food service management.

    Catering service provider under the Food Safety Act, employment shall not be engaged in food and beverage service personnel engaged in the management of the management of, the original license issuing Department revoked.

    38th food and Drug Administration found that the food service license has been made of the catering service provider does not meet industry requirements, shall be ordered to immediately correct, and be dealt with according to law; no longer meets the conditions for catering services licensing, it shall revoke the food service license.

    The eighth chapter supplementary articles

    39th article of the way the meaning of the following terms:

    Catering service through instant processing, commercial sales and service work, providing food to consumers and consumer sites and facilities of the service activity.

    Business premises, refers to directly or indirectly engaged in food processing-related sites, including food processing and dining venues.

    Catering service provider industry, refers to a variety of food service business forms, including restaurants, fast food restaurants, snack bars, liquor stores, cafeterias, etc.

    Collective food enterprise, means a service object order requirements, centralized distribution of food processing, but does not offer dining unit.

    40th at frontier port supervision and management within the food and beverage service activities by the entry-exit inspection and quarantine authorities in accordance with the food safety law and the People's Republic of China on frontier health and quarantine law and the administrative regulations implemented.

    Food service license management in railway operation in accordance with the measures.

    Under the Food Safety Act, specific measures for the administration of the food vendors by provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress formulated according to law.

    The 41st of provinces, autonomous regions and municipalities directly under the food and Drug Administration can be combined with local conditions, in accordance with the measures of the implementing rules for the regulations. 42nd these measures come into force on May 1, 2010, the Ministry of health released on December 15, 2005, the management of food sanitation license repealed at the same time. Catering services provider in this way has been made prior to the implementation of the food hygiene license, the license validity period remain in force.