how to handle the food business license? What kind of certificates do you need to deal with in food business? Come and have a look.
2、 Basis: 1. Food safety law of the people's Republic of China; 2. Regulations for the implementation of food safety law of the people's Republic of China; 3. Measures for the administration of food circulation licenses; 4. Interim Measures for the administration of food circulation licenses in Hubei Province
3、 Scope of application: units and individuals engaged in food business; operators who have obtained the food production license do not need to obtain the food circulation license to sell their own food in their production places; operators who have obtained the catering service license do not need to obtain the food circulation license to sell their processed food in their catering service places.
4、 Procedures
(1) application
The applicant shall fill in the application form and submit the following relevant materials to the acceptance window of Township food and Drug Institute:
1. Application for food circulation license;
2. Photocopy of the notice of name pre approval; the original and photocopy of the business license submitted by the established enterprises and individual businesses, the photocopy of the notice of enterprise name pre approval submitted by the newly established enterprises, and the photocopy of the notice of individual business name pre approval submitted by the newly established individual businesses (it can be exempted if the individual businesses do not apply for the name).
3. The use certificate of the business place suitable for the food business;
(1) For the self owned real estate, submit the original and copy of the house property right certificate and the plan of the business place;
(2) Submit the lease agreement of the leased house, the original and copy of the house property right certificate of the lessor, and the plan of the business place;
(3) If the house does not have the property right certificate, the following materials and the plan of business place shall be submitted respectively:
① For urban houses, submit the certificate (completion acceptance certificate) of the real estate management department, the purchase contract and the copy of the house sales license;
② For non urban houses, relevant certificates prescribed by the local government shall be submitted;
③ If the rental room is a hotel or hotel, a photocopy of the business license of the hotel or hotel shall be submitted;
④ If the military real estate is used as the business place, a copy of the military real estate leasing license shall be submitted.
The applicant shall use red water pen on the plan of business place to outline 'the place where food is sold and stored'.
(4) Fill in the location of the business site, and make it clear to the house number and room number. If there is no house number or room number, the reference shall be made clear.
4. Identity certificate of person in charge, food safety management personnel and food safety professional and technical personnel;
(1) An enterprise or individual business shall submit the original and copy of the identity certificate of the person in charge (such as identity card, passport of foreign personnel, etc.).
① Person in charge of enterprises and individual businesses
A. Person in charge of enterprise legal person: legal representative of enterprise legal person
B. Person in charge of the partnership: executive partner of the partnership, or appointed representative
C. Person in charge of the sole proprietorship: investor of the sole proprietorship
D. Person in charge of farmers' Professional Cooperatives: the legal representative of farmers' professional cooperatives, i.e. the president
E. Person in charge of individual business: owner of individual business
② The newly established enterprise shall also submit the letter of appointment of the person in charge (the sole proprietorship enterprise does not need to submit it).
A. The letter of appointment of the person in charge of the legal person of an enterprise refers to the document on the appointment of the legal representative
B. The letter of appointment of the person in charge of the partnership refers to the letter of appointment of all partners
C. The letter of appointment of the person in charge of the farmers' professional cooperative refers to the resolution of the general meeting on the election of the president, i.e. the legal representative
③ If the license for food production, circulation or catering service is revoked, the person in charge who is directly responsible for the revocation shall not act as the person in charge within five years from the date of the decision on punishment.
(2) The original and copy of the identity certificate (such as ID card, passport of foreign personnel, etc.) of the food safety management personnel and the food safety professional and technical personnel.
① Food safety management personnel refer to full-time or part-time food quality and safety directors in the enterprise. Professional and technical personnel of food safety refer to the personnel in charge of food quality inspection or food safety inspection.
② The applicant shall also submit the "employment contract" or "letter of intent" of the food safety management personnel and professional technical personnel. If the person in charge is also a food safety manager or a professional food safety technician, it is not necessary to submit the employment contract or letter of intent.
③ If the license for food production, circulation or catering service is revoked, the person in charge who is directly responsible for the revocation shall not engage in food operation and management within five years from the date of the decision on punishment.
④ If a food business operator employs a person who is not allowed to engage in the management of food production and operation, the license shall be revoked by the original issuing department.
⑤ List of operation equipment and tools suitable for food operation;
⑥ Documents of spatial layout and operation process of business facilities corresponding to food business; spatial layout of business facilities (indicating purpose, area, location of equipment and facilities, etc.; for bulk food business, the layout should reflect separate sales area); documents of food operation process, such as supply and sales process, etc.
⑦ Text of food safety management system;
(1) The food safety management system submitted by the food business enterprise and the food business operator whose license project needs on-site inspection includes: food safety knowledge training system for employees, food purchase inspection system, food import and sale inspection record system, health inspection system and health file system for employees, food delisting system, food storage, transportation system and cold chain sales System, etc., and shall comply with the provisions of relevant laws, regulations and rules. Operators engaged in food wholesale shall also have a record system for food wholesale sales.
(2) For food operators who do not need on-site inspection, the above systems can be combined and formulated according to relevant requirements.
⑧ Other materials to be submitted.
⑨ Supplementary notes:
(1) In case of entrusting others to apply, the original and copy of the power of attorney, the identity certificate of the entrusted agent or designated representative (such as identity card, passport of foreign personnel, etc.) shall also be submitted; in case the entrusted agent or designated representative signs at the place of "signature of the applicant", the designated (entrusting) person shall indicate in detail at the place of "other entrusted matters and authorities" of the designated power of attorney.
(2) About the permit applicant
① Where an established enterprise has applied, the enterprise shall be the permit applicant;
② If a new enterprise applies, the investor of the enterprise shall be the permit applicant;
③ Where an enterprise applies for the establishment of a new branch, the enterprise establishing the branch shall be the permit applicant;
④ Where an application has been made for the establishment of an individual business or for the establishment of a new individual business, the owner shall be the permit applicant;
⑤ Circumstances in which the applicant shall not be a permit applicant:
A. If the applicant conceals the true situation or provides false materials to apply for food circulation license, the applicant shall not apply for food circulation license again within one year.
B. If the licensee obtains the food circulation license by cheating, bribery and other improper means, the applicant shall not apply for the food circulation license again within 3 years.
(3) The application materials and certificates submitted by the applicant shall be the original. If it is necessary to submit a copy, it shall be signed (or sealed) by the applicant or the designated representative (entrusted agent) and marked "consistent with the original". The applicant shall submit the original and copy of identity certificate, house property right certificate (newly established enterprise) and business license (established enterprise). If the copy is verified to be correct with the original, the food and Drug Administration will collect the copy and return the original to the applicant.
(two) acceptance
1. The Township food and drug administration is responsible for the formal examination of the application materials by the acceptance service window, and the issuance of acceptance decision for those meeting the requirements.
(three) audit
After acceptance, the personnel assigned by the Township food and drug office shall conduct data and on-site audit in accordance with the requirements of the food safety law of the people's Republic of China, the regulations for the implementation of the food safety law of the people's Republic of China, the administrative measures for food circulation license, etc.
（4） The CFDA shall make a decision on the approval (or disapproval) of the administrative license according to the results of the examination.
（5） If the license issuing decision is made and the "food circulation license" shall be issued, the "food circulation license" shall be issued to the applicant.
5、 Food and Drug Administration and Township food and Drug Administration
6、 Time limit for handling
1. Decide whether to accept the application within five days after receiving the application materials;
2. A decision on examination and approval shall be made within 20 days after acceptance, and may be extended for 10 days with the approval of the person in charge of the licensing authority;
3. The food circulation license shall be issued within ten days after the approval decision is made.
7、 Rate no charge for this item
Attachment: 1. Application for extension of food circulation license
2. Application materials of food circulation license (New)
3. Application materials of food circulation license (New)
4. Application for reissue of food circulation license
5. Processing flow chart of food circulation license (on-site production and sale, wholesale or infant formula milk powder included)
6. Food circulation change permit application
7. Flow chart of retail general food circulation license
8. Application for cancellation of food circulation license
9. Processing flow chart of food circulation license (on-site production and sale, wholesale or infant formula milk powder included)
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