Administrative Measures for Food Distribution Licensing (2017 Amendment)

Administrative Measures for Food Distribution Licensing (2017 Amendment) Administrative Measures for Food Distribution Licensing (Promulgated by the Order No. 17 of the China Food and Drug Administration on August 31, 2015; and amended in accordance with the Decision to Amend Certain Rules adopted at the executive meeting of the China Food and Drug Administration on November 7, 2017) Chapter I General Provisions Article 1 For the purposes of regulating food distribution licensing activities, strengthening the supervision and administration of food business operations, and guaranteeing food safety, these Measures are developed in accordance with the Food Safety Law of the People's Republic of China , the Administrative Licensing Law of the People's Republic of China , and other relevant laws and regulations. Article 2 Anyone that plans to engage in food sales or provide catering services within the territory of the People's Republic of China shall obtain food distribution licenses in accordance with the law. These Measures shall apply to the application for food distribution licenses, the acceptance, examination and decision-making of such application, and the supervision and inspection thereof. Article 3 Food distribution licensing shall follow the principles of legality, openness, fairness, justice, convenience for the people, and efficiency. Article 4 Food distribution licensing shall be subject to the principle of one license for one place, that is, a food distributor that engages in food distribution activities shall obtain a food distribution license for each business premise. Article 5 Food and drug administrations shall conduct categorized licensing of food distribution activities according to the business types of food distributors and the risk degrees of business items. Article 6 The CFDA shall be responsible for overseeing and directing the administration of food distribution licensing across the country. Local food and drug administrations at and above the county level shall be responsible for administering food distribution licensing within their respective administrative regions. The food and drug administrations of provinces, autonomous regions and municipalities directly under the Central Government may, based on food categories and food safety risks, determine the food distribution licensing administrative powers of food and drug administrations at the city or county level. Article 7 The CFDA shall be responsible for preparing general rules for food distribution licensing examination. Local food and drug administrations at and above the county level shall carry out food distribution licensing examination in compliance with the general rules for food distribution licensing examination. Article 8 Food and drug administrations at and above the county level shall accelerate information technology development, and publish distribution licensing matters on the websites of administrative organs, so as to facilitate applicants in filing distribution license applications by such means as data message and enhance work efficiency. Chapter II Application and Acceptance Article 9 Those who apply for food distribution licenses shall firstly obtain business licenses and other qualifications as a lawful subject. For an enterprise legal person, a partnership enterprise, a sole proprietorship or an individual industrial and commercial household, among others, the subject indicated on the business license shall be taken as the applicant. Where an organ, a public institution, a social organization, a private non-corporate entity, or an enterprise, among others, applies for establishing a canteen, the subject indicated on the legal person registration certificate of the organ or public institution, the registration certificate of the social organization, or business license, among others, shall be taken as the applicant. Article 10 A food distribution license application shall be filed based on the business type of the food distributor and the category of the business item. By business types, food distributors are categorized into food sellers, catering service providers, and entities' canteens. Where a food distributor applies for engaging in food distribution through the network, establishing a central kitchen, or engaging in collective food delivery, it shall be noted in brackets after the business type. Business items in food distribution are categorized into the sales of pre-packed foods (including or excluding refrigerated or frozen foods), sales of unpacked foods (including or excluding refrigerated or frozen foods), sales of special foods (health foods, formula foods for special medical purposes, infant formula milk powder, and other infant formula foods), and sales of other types of foods; and the production and sales of hot foods, cold foods, raw foods, pastry foods, self-made beverage, and other types of foods, among others. The specific categories included in other types of foods for sale or other types of foods for production and sale shall be reported to the CFDA for approval before implementation, and be clearly indicated. Foods with multiple states such as hot, cold, raw, solid and liquid and can hardly be clearly categorized may be categorized based on the state with the highest risk-based food safety level. The CFDA may adjust the categories of business items in food distribution as required for supervision and administration. Article 11 A food distribution license application shall meet the following conditions: (1) It shall have places for food raw material treatment and food processing, sales, and storage, among others, which shall be commensurate with the varieties and quantities of the foods distributed by it, keep the environment of these places tidy and clean, and ensure that these places maintain a prescribed distance from toxic and hazardous sites and other pollution sources. (2) It shall have distribution equipment or facilities commensurate with the varieties and quantities of the foods distributed by it, and have corresponding equipment or facilities for disinfection, changing clothes, sanitation, day-lighting, illumination, ventilation, anti-corrosion, anti-dust, anti-fly, rat proof, mothproof, washing, disposal of waste water, and storage of garbage and waste. (3) It shall have full-time or part-time food safety managers and have rules and regulations for ensuring food safety. (4) It shall have a reasonable equipment layout and technical flowchart to prevent cross pollution between foods to be processed and ready-to-eat foods and between raw materials and finished products and to prevent foods from contacting toxic substances or unclean articles. (5) Other conditions as prescribed by laws and regulations. Article 12 To apply for a food distribution license, the following materials shall be submitted to the local food and drug administration at or above the county level at the place where the applicant is located: (1) A written application for the food distribution license. (2) Photocopies of the business license or other certification documents on the subject qualification of the applicant. (3) Documents on the layout of major equipment and facilities suitable for food distribution activities, and operating procedures, among others. (4) Rules and regulations that ensure food safety such as those on food safety self-inspection, employee health management, purchase inspection records, and handling of food safety incidents, among others. To engage in food sales by using automatic vending equipment, the applicant shall also submit the product conformity certificate on automatic vending equipment, the specific place for placing the equipment, the distributor's name, domicile and contact information, the methods for publicizing the food distribution license, and other materials. Where the applicant authorizes any other person to apply for a food distribution license, the agent shall submit the power of attorney and the agent's identity certification document. Article 13 An applicant shall faithfully submit relevant materials and report the true information to the food and drug administration, be responsible for the authenticity of application materials, and affix his or her signature or seal to the written application and other materials. Article 14 A local food and drug administration at or above the county level shall, respectively for the following circumstances, handle a food distribution license application filed by an applicant: (1) Where the application matters do not need to be subject to food distribution licensing in accordance with the law, the administration shall immediately inform the applicant of the denial of the application. (2) Where the application matters do not fall under the scope of functions of the food and drug administration in accordance with the law, the administration shall immediately make a decision to deny the application, and notify the applicant to file an application with the relevant administrative organ. (3) Where there is any error in the application materials that can be corrected on the spot, the applicant shall be allowed to correct the error on the spot, affix the required signature or seal to the place of correction, and note the date of correction. (4) Where the application materials are incomplete or not made in the statutory forms, the administration shall notify the applicant at one time of all required supplements and corrections on the spot or within five working days. If the administration notifies the applicant on the spot, it shall return the application materials to the applicant; and if it notifies the applicant within five working days, it shall receive the application materials and issue the certificate on the receipt of application materials. If the administration fails to notify the applicant within the prescribed time limit, the application shall be deemed accepted as of receipt of application materials. (5) Where the application materials are complete and made in the statutory forms, or the applic......