Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/200912/20091200145474.shtml
Food circulation and license management
(July 30, 2009, State administration for industry and Commerce announced come into force on the date of promulgation, 44th) Chapter I General provisions
First in order to regulate the food circulation, strengthen the management of the food distribution license, according to the People's Republic of China Food Safety Act (hereinafter referred to as the food safety law), the People's Republic of China administrative licensing law and the People's Republic of China regulations for the implementation of the food safety law (hereinafter referred to as the regulations for the implementation of the food safety law) and other relevant provisions of laws and regulations, these measures are formulated.
Article of food circulation processing, review and approval, as well as related to the supervision and inspection, and application of this approach.
Article in circulation is engaged in the food business, shall obtain a food circulation.
Made food production food producers sell their production at its production sites in the food, do not need to license food circulation; access to catering services licensing food service provider in its food service establishments to sell its production of processed food, do not need to license food circulation. Fourth and local industrial and commercial administrative organs at and above the county level shall be the implementation of food circulation organs, specific work by the functional agencies responsible for circulation of food safety supervision.
Licensing Division of jurisdiction of the local administration for industry and Commerce at various levels by province, autonomous region, municipality directly under the administration of industry and Commerce Bureau.
Article fifth food circulation shall follow the law, open, fair, fair, accessible and efficient principles. Article sixth food operators should be made according to law after the food distribution license, registration administration for industry and Commerce authority of competent jurisdiction to apply for business registration.
Without the food circulation permit and business license, shall not be engaged in the food business.
Otherwise provided for by laws and regulations on food vendors, in accordance with its provisions.
Seventh food trader's operating conditions change, does not meet the requirements of food business, food business operator shall immediately take the corrective measures have the potential risk of food safety accident shall immediately stop the food business activities, and to report to the local industrial and commercial administrative organs at the county level; need to go through the licensing procedure should be in accordance with the law.
And local industrial and commercial administrative organs at and above the county level shall strengthen the business activities of daily supervision and inspection on food operators; finding food business requirements are not met, shall be ordered to immediately correct, and be dealt with according to law; no longer meets the condition of food circulation, it shall withdraw food circulation.
Eighth reported no organization or individual has the right to audit the food circulation license issuance and inspection of process violations, license should be verified, processed in a timely manner.
Chapter II application and acceptance
Apply Nineth for the circulation permit shall comply with food safety standards and comply with the following requirements:
(A) has the business adapt to variety and quantity of food raw materials and food-processing, packaging, 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 the business adapt to food variety and quantity of equipment or facilities, there is a corresponding disinfection, dressing, washing, lighting, lighting, ventilating, corrosion, dust, flies and rodents, pest control, cleaning and waste water treatment equipment or facilities, store garbage and waste;
(C) food safety professional technicians, management personnel, and to ensure that food safety rules and regulations;
(D) devices with reasonable layout and process flow, prevent processed food and foodstuffs, raw materials and finished products directly cross-contamination, avoid food contact poisons, dirt.
Apply article tenth for the circulation permit shall submit the following materials:
(A) of the food circulation applications;
(B) the copy of the notice of name pre-approval;
(C) the food business premises suitable for the use of certificates;
(D), and the identification of food safety management;
(E) management adapted to business equipment, tools and food lists;
(Vi) sales facilities in conformity with food management layout and procedures document;
(G) the text of the food safety management system;
(H) the province, autonomous region, municipality directly under the administration of industry and Commerce provisions of other materials.
Applicants submit a license application is entrusted, Attorney should submit a power of Attorney and agent identification, or designated representative.
Already have legal qualifications operators operating in the business scope for increases in food items, also need a business license and other qualification documents, do not need to submit a copy of the notice of name pre-approval. New food business applications food circulation, investors for the business license applicants already have the main qualifying enterprise applies for food circulation, the enterprise license applicant; business affiliates apply to food circulation, the establishment of the Enterprise Branch Office for license applicants; or individual application for private new food circulation, and owners for license applicants.
Seal of the applicant shall sign the petition and other materials. Section 11th for the circulation permit submitted materials should be true, lawful and effective, in line with the provisions of relevant laws and regulations.
Applicants should submit the material responsible for the legality, authenticity, validity.
12th branches of an enterprise engaged in the food business, and each branch shall apply for the circulation permit respectively.
13th licensing authorities receive applications, the application should be reviewed, and are made according to the following process:
(A) the application of not the food distribution license is required by law, and shall immediately inform the applicant is inadmissible;
(B) for matters not part of the mandate of the licensing authority in accordance with law, shall immediately make a decision inadmissible, and inform the applicant to apply to the relevant administrative authorities;
(C) application errors can be corrected on the spot, shall permit the applicant to be corrected on the spot, by the correct signature or seal of the applicant, indicate the correct date;
(D) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to supplement content; when told on the spot, application materials should be returned to the applicant; falling within the 5th informed shall charge the credentials for the application and issue a receipt of application materials, fails to inform the, shall be accepted as of the date of receipt of the application materials;
(V) application materials are complete and comply with the statutory format, or in accordance with the requirements of the applicant has submitted all the correct materials, licensing authority shall be admissible.
License accepted after the application for leave to make a licensing decision, applicants apply in writing to withdraw food circulation, and should agree to withdraw request; application for leave to withdraw and license termination processing.
Article 14th licensing bodies decide to accept the application made by the applicant, shall issue a notification of acceptance; decision inadmissible, shall issue a rejection notice, explanation of reasons for inadmissibility, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
Chapter III examination and approval
15th food circulation matters including business premises, person in charge, permits, and more. Permitted in food circulation matters, including management and mode of operation of the project.
Project in accordance with the approved prepackaged foods, bulk food in two categories; mode of operation by wholesale, retail, wholesale and retail of three type approved. 16th licensing authority should be related materials submitted by the applicant is in compliance with the food safety law article 27th of first to fourth and the requirements for these measures. If necessary, in accordance with statutory authority and procedures, on-site verification of their premises.
Material specific audits and on-site verification measures for the province, autonomous region, municipality directly under the administration of industry and commerce to develop. On-site verification, licensing authority should be assigned more officers to attend and present a valid certificate, and food business operators shall cooperate with the applicant.
On-site verification shall be made out of the food circulation verification form. Article 17th of food circulation permit application submitted by the applicant is admissible, licensing authority shall, from the date of acceptance of the decision whether or not to grant permission in the 20th.
20th cannot make a licensing decision, approved by the head of the licensing organ, you can extend the 10th, and shall inform the applicant of the reasons for such further period. 18th article license organ made granted license decided of, should issued granted license notice, told applicants since decided of day up 10th within, received food circulation license; made granted change license decided of, should issued granted change license notice, told applicants since decided of day up 10th within, renewal food circulation license; made? granted cancellation license decided of, should issued granted cancellation license notice, hand food circulation license.
Licensing authorities to approve the licensing decision should be made public.
Not to permit decisions of the licensing authority shall issue the notification of dismissal, give reasons for their disapproval, and inform the applicant shall have the right to apply for administrative reconsideration or bring an administrative suit.
Article 19th licensing hearings it deems it necessary for major licensing matters involving the public interest shall be announced to the public, and hold a hearing.
The fourth chapter permission changes and cancellation Article 20th food operators change the license shall apply to the licensing authority to change food circulation.
Without permission, without changing the license.
21st food trader to the licensing authority for the change of food circulation, shall submit the following application materials:
(A) of the food circulation change license application;
(B) the food distribution license, copy;
(C) the materials associated with the change of food circulation items.
22nd food circulation for a period of 3 years.
Food trader needs to extend the validity period of food circulation, it should be in the food distribution license expires 30th apply to the licensing authority, replace the food distribution license.
For permit extension, renewal of the food circulation and license number does not change, but year of certification according to the actual circumstances to fill in, recalculate the validity period.
Article 23rd, one of the following circumstances, issuance of the food circulation license permits organ or the higher administrative authority can revoke the food circulation:
(A) the licensing organ personnel who abuse their powers, neglect their duties, issued to an applicant who does not meet the requirements of the food circulation license;
(B) the licensing organ staff beyond the statutory authority granted to the food distribution license;
(C) licensing agencies in violation of legal procedure of the food circulation license;
(D) other circumstances as may be revoked according to law of the food circulation.
Food trader with fraud, bribery or other improper means of concealing the facts or submitted false materials and food circulation, shall be revoked.
In accordance with the provisions of the preceding two paragraphs to withdraw food circulation may cause significant harm to the public interest, it shall not be annulled.
24th under any of the following circumstances, licensing authority shall, in accordance with the law of food circulation cancellation procedures:
(A) of the food distribution and food business operators not to seek an extension to the expiry of the permit;
(B) food operators are not made within the statutory time limits legal qualification or qualification is terminated according to law;
(C) the food circulation according to law is revoked, or food distribution license was revoked according to law;
(D) the food circulation matters cannot be implemented due to force majeure;
(V) cancellation of the food circulation license according to law in other circumstances.
25th food business operators apply for cancellation of the food distribution license, an application shall be submitted to the licensing authority in the following materials:
(A) of the food circulation and cancellation of license application;
(B) the food distribution license, copy;
(C) cancellation of the food circulation and license related documents.
Licensing authority after accepting an application for cancellation, approved cancellation of the food circulation license according to law. 26th food trader lost the food distribution license, should publicly declare it invalid in the press and hold relevant certificates apply to the licensing authority for a replacement.
After approval by the original licensing organ replacement food circulation license in the 20th.
The fifth chapter license management 27th the food distribution license is divided into original and copy.
Copy of the original and has the same legal effect. The food circulation and license original and replica model, as well as the food distribution license application and the food distribution license application change, food circulation and cancellation of license application and other model, formulated by the State administration of industry and commerce.
The province, autonomous region, municipality directly under the administration of industry and commerce is responsible for the administration of the food circulation permits and documents related to the reproduction, distribution and management.
Article 28th of the food circulation permit shall specify: the name, business location, scope, type, owner, license number, term of validity, the issuing body and issuing date.
Article 29th of the food circulation permit + 16 digits number consists of two letters, namely: Administrative Division code letters SP+ six + two year certification + one + six-digit order number + a computer check.
Specific number sequences of the food circulation license separately.
30th after food trader made a food distribution license, shall keep, or forge, alter, resell, rent, lend, or otherwise transfer.
Food business operators shall, in premises prominently hung or placed the food circulation and license original.
The sixth chapter the supervision and inspection 31st and local industrial and commercial administrative organs at and above the county level shall, in accordance with law, regulations duties, conduct supervision and inspection on food operators.
Supervision and inspection of the main contents are:
(A) food business operators with the food distribution license;
(B) food business operators operating conditions change, which does not meet the requirements, whether to take immediate corrective action; there is potential risk of food safety accident occurs, the operator immediately cease business activities, and to report to the local industrial and commercial administrative organs at the county level; need to go through the licensing procedures, whether in accordance with the law;
(C) the food circulation items change, the operator shall be altered license or to re-apply for the circulation permit;
(D) no forge, alter, resell, lease, lend, or otherwise transfer the food distribution license;
(E) employ practitioners have no health evidence;
(F) food storage, transportation and sales process with or without measures to ensure food quality and control of pollution;
(VII) other circumstances as stipulated by laws and regulations.
32nd and local industrial and commercial administrative organs at and above the county level should be on food operators to establish credit files, recording license issuing, results of daily supervision and inspection, violations investigated, and so on.
Food business operators engaged in the food business when conducting supervision and inspection, and industrial and commercial administrative authority shall supervise and inspect the records and results, by inspectors and food operators sign archive. Inspection administrative organs for industry and commerce enterprises, individual businesses when testing, shall, according to the company's annual, individual inspection, according to the regulations, and examine whether the food distribution license was withdrawn, revoked or has expired.
On the food distribution license was withdrawn, revoked or expired, the registration authority in accordance with the relevant provisions, be ordered to go through the change of business scope of registration or cancellation of registration.
Article 33rd license applicant is concealing information or provides false information to apply for food circulation, and industrial and commercial administrative organs inadmissible or not licensed, within one year, the applicant may not apply again for a food circulation.
Licensee by fraud, bribery or other improper means to obtain food circulation, the applicant may not apply again for food circulation in three years.
Food production, circulation or catering service license has been revoked, the officer directly in charge of within five years from the date of the decision shall not be engaged in the food business management.
Food operators employed shall not engage in food production, operation and management of the personnel engaged in the management, by the original Licensing Department to revoke the licence. 34th under any of the following circumstances, in accordance with the provisions of laws and regulations will be punished.
Laws and regulations do not provide, correction, given a warning and a fine of 10,000 yuan fine; the circumstances are serious, fined 10,000 yuan and 30,000 yuan fines:
(A) without a permit, without changing the license matters;
(B) forge, alter, resell, lease, lend the food distribution license, or otherwise transfer the food distribution license;
(C) concealing the facts or submits false information to apply for or obtain food circulation;
(D) obtained by fraud, bribery or other improper means of food circulation.
In accordance with the People's Republic of China administrative penalty provisions of the Act, the initiative to eliminate, mitigate harmful consequences, or if there are other legal situation may be given a lighter or mitigated punishment; the law a minor and correct, without causing harm, not to punish.
35th food trader refuses to accept the decision of the administration of industry and commerce, may apply for administrative reconsideration or bring an administrative suit.
36th food trader during the term of licence being cancelled, cancellation, revocation, food circulation, or the food circulation and license expiration, should be cancelled, withdrawn, revoked license or license expiry date of 30th in the application for registration of changes or cancellation of registration.
37th industrial and commercial administrative organs of dereliction of duty, abuse of power, favoritism, and shall be subject to administrative responsibility of the persons concerned constitutes a crime, criminal responsibility shall be investigated according to law.
38th industrial and commercial administrative organs shall establish food circulation files. Borrowing, copying, carrying and duplicating the documents in accordance with the laws, regulations and the relevant provisions of the State administration for industry and commerce.
No unit or individual shall not modify, defaced, tagging, damaged files and data.
39th industrial and commercial administrative organs should strengthen contact with the work of food safety coordination Department at the same level to inform the food circulation of relevant information.
The seventh chapter by-laws 40th food operators have received in this way prior to the implementation of the food hygiene license, the original license remain in force.
Original expiry date of the permit changes in licensing matters or food business operators shall submit an application in accordance with these regulations, by the licensing authority for review, the food hygiene license for cancellation, receiving the food distribution license and in accordance with the principle of territorial jurisdiction, the local administration for industry and commerce shall exercise supervision and inspection.
Food on the food hygiene license remain in force operators, industrial and commercial administrative organs shall, in accordance with the Food Safety Act and the regulations for the implementation of the Food Safety Act and the regulations, or irregular conduct supervision and inspection on a regular basis.
41st implementation requirements for food circulation, and should be included in the Executive budget.
42nd of provinces, autonomous regions, and municipalities directly under the administration of industry and commerce in accordance with local conditions, formulate specific implementing measures.
Article 43rd explain these measures by the State administration for industry and commerce. 44th these measures come into force on the date of promulgation.
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