Food Production License Management

Original Language Title: 食品生产许可管理办法

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Food production license management

    (April 7, 2010 released, 129th State administration of quality supervision, inspection and quarantine as of June 1, 2010) Chapter I General provisions

    First in order to guarantee food safety, strengthening food production supervision, standardizing food production activities, in accordance with the People's Republic of China Food Safety Act and its implementing regulations as well as product quality, production, licensing and other provisions of laws and regulations, these measures are formulated.

    Article in the People's Republic of China territory, enterprises engaged in food production activities as well as the quality and technology supervision departments to implement food production license, you must comply with these measures.

    Article did not make food production enterprises shall engage in food production activities.

    Fourth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) within the mandate and responsibilities of the national food production management.

    Local quality and technical supervision departments above the county level responsible for the Administration in the area of responsibility within the food production management.

    Fifth food production must be strictly in accordance with laws, regulations, procedures and requirements for the implementation of the provisions and regulations, following the principles of openness, fairness, impartiality, and convenience.

    Chapter II procedures

    Sixth established food manufacturer, after the name should be approved in advance of the business sector in accordance with food safety laws and regulations and these rules about asking for food production.

    The seventh local quality and technical supervision departments above the county level are food production license of organ, but in accordance with the implementation of the relevant provisions by the State administration of quality supervision except for food production.

    Provincial quality and technical supervision Department in accordance with the relevant laws and regulations and the relevant provisions of the State administration of quality supervision requirements, quality and technology supervision departments within their respective administrative areas separately license offerings.

    Article eighth food production license shall meet the food safety standards and comply with the following requirements:

    (A) have applied for licensing of food varieties, which adapts to the number of food processing 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) have the applications for licensing of food varieties, corresponding to the number of production equipment or facilities, there is a corresponding disinfection, dressing, washing, lighting, lighting, ventilating, corrosion-resistant, dust-proof and insect-proof, rodent, pest control, cleaning and waste water treatment equipment or facilities, store garbage and waste;

    (C) have applied for licensing of food species, adapted to a reasonable number of device layout and process flow prevent processed food and foodstuffs, raw materials and finished products directly cross-contamination, avoid food contact poisons, dirt;

    (D) have applied for licensing of food varieties, corresponding to the number of food safety professionals and managers;

    (E) have the applications for licensing of food variety and quantity of training adapted to ensure food safety in China, health checks and health records, and health management, raw materials purchase check record, factory inspection records, acceptance of raw materials, production processes, food safety management systems.

    Laws and regulations and industrial policies of the State has other requirements for food production, shall comply with the requirements.

    Nineth proposed applications for food production food production enterprises shall be made to the production of local quality and technical supervision Department (hereinafter referred to as licensing authorities), and submit the following materials:

    (A) food production license application;

    (B) the applicant's identity card (BF) or copy of qualifications;

    (C) food production enterprises to be established under the name prior approval written notice;

    (D) places of food production and processing and its environs plan and function layout plan of the production and processing;

    (E) listing food production equipment and facilities;

    (Vi) where the food production process flow and equipment layout;

    (G) list of food safety professional technicians, management personnel;

    (H) food safety management regulation text;

    (I) the implementation of food safety standards; standards for business enterprises, the enterprise standard to be provided by the health administration departments;

    (J) other supporting documents shall be submitted under the relevant laws and regulations. Application materials submitted by food production should be true, lawful and effective.

    Applicants should apply for books and other materials in food production to sign it.

    Tenth license applications received by the authority, shall, in accordance with the People's Republic of China Law on administrative licensing rules, such as the 32nd for processing. Decide to accept the application, shall issue a written decision of acceptance.

    Decision inadmissible, shall issue a written decision on inadmissibility, and give reasons for inadmissibility, advise the applicant have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    11th licensed agency after acceptance of the application shall, in accordance with the relevant provisions of Organization for the verification of application information and production sites (hereafter referred to as site verification).

    On-site verification by the licensing authority should be assigned two to the verification team and four inspectors in accordance with the relevant provisions of the State administration of quality supervision, enterprises should cooperate.

    Licensing authority shall, according to the results of the verification of the 12th article, within the time limit stipulated in the laws and regulations as follows:

    (A) the on-site verification, production conditions meet the requirements according to law to approve the production decision, issue to the applicant a written decision on the granting of food production, and from the date of a decision issued in the 10th set up food production food production licenses.

    (B) the on-site verification, production does not meet the requirements, decided not to license according to law, issued a written decision of no food production license to the applicant, together with the reasons.

    Except for force majeure, on-site verification due to an applicant's reasons could not be implemented within the prescribed time, on-site verification failed.

    13th proposed food production enterprises must make food production license after the business license registration and in accordance with the law, may, in accordance with the production license test requires organizations to produce food.

    14th food production enterprises shall in accordance with the regulations established by the new food varieties applied for licensing and inspection of licensing.

    Licensing authority upon receipt of a license application for testing, should be in accordance with the relevant provisions of the extraction and storage of samples in a timely manner, and inform the applicant, within the 7th after the sample the sample is sent to a qualified inspection agencies.

    15th inspection after receipt of samples shall be tested according to specified requirements and standards, and accurate and timely survey report.

    16th test result is pass the licensing organ offerings of food production according to the inspection report, and be set out in the food production license under page.

    Authorities determine the variety of food production without a permit until banned ex-factory sales to produce food.

    17th inspection findings as not qualified, can apply for review in accordance with the relevant provisions.

    Failed to pass the recheck conclusion for some food species, does not determine the type of food production permits, not contained in the food production license under page; prohibit ex-factory sales of this kind of food.

    Recheck conclusion for all variety of foods are not qualified, shall in accordance with the relevant provisions of cancellation of food production; banned ex-factory sales of all varieties of food.

    18th enterprises applied for food production has been established, shall take the legitimate and valid business license, in accordance with the provisions of this chapter, the relevant terms and conditions of permit application procedures.

    Licensing authority in accordance with the conditions and requirements of this chapter, has already been established by enterprises engaged in food production and an application for leave, and according to the results of the verification and inspection reports to decide whether to grant licenses and to determine the range of varieties of food production, food production licenses issued.

    19th food production licence is valid for three years.

    Expired, made food production licenses of the enterprises need to continue production, food production permit expired six months ago, should, apply to the licensing authority renewal; admission cards, food production license number does not change.

    Expire without replacement, as without a license; intends to continue to produce food, and should re-apply again issued, renumbered, valid from the date of license to recalculate.

    20th food production license validity period, any of the following circumstances, an enterprise should apply to the licensing authority to change:

    (A) the corporate name change;

    (B) the name of residence, address changes;

    (C) the relocation of the production site;

    (Iv) changes in workplace environment;

    (E) changes in plant layout and process flow;

    (Vi) changes in production equipment and facilities;

    (G) laws and regulations should be applied in other circumstances.

    The preceding paragraph (c) to (f) circumstances, the licensing authority shall, in accordance with provisions of this approach to verification and inspection organizations; eligible, go through the procedures of alteration according to law.

    21st Enterprise proposed changes in food production permit, shall submit the following application materials:

    (A) changes in food production permit book;

    (B) food production licenses and duplicate copies of the book;

    (C) with regard to the matter of changing food production documents. The submission of the application to change food production materials, should be true and legitimate, effective, consistent with the provisions of relevant laws and regulations.

    Applicant shall change signature on the license application and other materials in food production, and its legitimacy, be responsible for the authenticity of the content.

    22nd food production permits are valid in the relevant laws and regulations, changes in food safety standards or technical requirements, the licensing authority may, based on relevant provisions of the State Organization for verification and inspection.

    The 23rd under any of the following circumstances, the original licensing organ shall go through the food production license cancellation procedures:

    (A) production license being withdrawn, revoked, or production license was revoked;

    (B) the enterprises applying for cancellation or production licence expires without renewal;

    (C) the company terminated according to law;

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

    (E) laws and regulations shall be revoked the production licenses of other circumstances.

    24th enterprises applying for cancellation of food production license, an application shall be submitted to the licensing authority in the following materials:

    (A) cancellation of license application in food production;

    (B) food production licenses and duplicate copies of the book;

    (C) the evidence associated with the cancellation of food production issues.

    Chapter III certificate and mark

    Book includes an original and a copy of the 25th food production licenses, certificates and Deputy page specifications stipulated by the State administration of quality supervision.

    26th enterprises shall keep food production license, and be hung or placed prominently at the production site.

    Food production permit is lost or destroyed, businesses should be above the provincial media statements in a timely manner, and apply for permits in a timely manner.

    27th an enterprise shall, in its food or food production license number marked on their packaging and logo; no food production license number and logo, may not be sold the factory. 28th food production license numbers and symbols are identified within enterprises access to food production.

    Food production permit number sequences and patterns specified by the State administration of quality supervision.

    Article 29th may not rent, lend or in any other form of transfer of food production license and serial number.

    Prohibited to counterfeit or alter food production licenses, food production food production license number and license logo.

    The fourth chapter, supervision and inspection

    30th enterprises should be in the context of food production food production activities, shall not exceed the scope of license production of food.

    31st enterprises shall ensure conditions continue to comply with the requirements of production, and production of food safety.

    32nd of quality and technical supervision departments at all levels in the food production activities of enterprises according to law within their respective mandates, regular or periodic supervision and inspection. 33rd article of quality and technical supervision departments at all levels should establish food production and file management system of supervision and inspection.

    File retention period according to the relevant State provisions.

    34th article of quality and technical supervision departments at all levels should establish food production and supervision information platform to facilitate queries of citizens, legal persons and other social organizations.

    The fifth chapter legal liability

    35th in violation of article III of this approach, the 16th paragraph, 17th paragraph, 17th and 30th in the third paragraph, provisions or making food production but was cancelled by law, in accordance with the People's Republic of China 84th of the food safety law provides punishment.

    36th article violates this article 20th, 27th, 29th, such provisions constitute offences under the relevant laws and regulations, impose administrative penalties in accordance with relevant laws and regulations.

    37th levels of quality and technical supervision departments and relevant staff, inspectors, inspection bodies and inspection personnel in the management of food production, abuse their powers, neglect their duties, through misconduct, shall be investigated for legal responsibility.

    38th article of the rules of administrative punishment by local quality and technical supervision departments above the county level in the terms of reference decided and implemented.

    Decision to suspend food production licenses shall be approved by the authorities before making a decision on administrative penalty escalation license.

    39th parties on the basis of this approach is the implementation of the administrative license and refuses to accept the administrative punishments, administrative reconsideration or administrative proceedings in accordance with law.

    The sixth chapter supplementary articles

    40th food in these measures refers to the People's Republic of China Food Safety Act, 99th, provisions of food, but does not include consumption of agricultural products, claiming that health food.

    Laws, administrative regulations on dairy products, genetically modified food, slaughtering, alcohol and salt provided in food production, in accordance with its provisions.

    41st the implementation of production license as provided herein the Division of food, in accordance with the laws and regulations and the relevant provisions of the State administration of quality supervision.

    42nd article catering services licensed food service provider in its food and beverage service establishments manufacturing foods, without the need to obtain the food production license as provided herein.

    The 43rd little other food producers in the food production activities such as workshops, in accordance with the provisions of relevant laws and regulations.

    Under the terms of the 44th article of the way inspectors, qualification of inspection agencies and their management, in accordance with the relevant provisions.

    45th article of the approach by the AQSIQ to interpret. 46th these measures shall come into force on June 1, 2010. AQSIQ announced before the implementation of these measures in relation to food production in regulations and regulatory documents is inconsistent with this approach, is subject to this approach.

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