Measures for the Administration of Food Circulation Licenses.
Article 1 For the purposes of regulating the food circulation licensing activities and strengthening the administration of Food Circulation Licenses, these Measures are formulated in accordance with the Food Safety Law of the People's Republic of China (hereinafter referred to as the “Food Safety Law”), the Administrative License Law of the People's Republic of China, the Regulation on the Implementation of the Food Safety Law of the People's Republic of China (hereinafter referred to as the “Regulation on the Implementation of the Food Safety Law”) and other relevant laws and regulations.
Article 2 The applications for, acceptance, examination and approval of applications for, and supervisory inspection, etc. relevant to the food circulation Licenses shall be governed by these Measures.
Article 3 Whoever is engaged in the food circulation business operations shall obtain a food circulation permit according to law.
A food producer which has obtained a food production permit need not obtain a food circulation permit when selling self-produced food at its production place. A catering service provider which has obtained a catering service permit need not obtain a food circulation permit when selling self-made or self-processed food at its catering service place.
Article 4 The local industry and commerce administrative departments at and above the county level shall be the organs carrying out the food circulation licensing, and the specific work shall be carried out by the functional departments in charge of the food circulation safety supervision and administration. The division of licensing jurisdictions of the local industry and commerce administrative departments at various levels shall be determined by the administration for industry and commerce of a province, autonomous region or municipality directly under the Central Government.
Article 5 The food circulation licensing shall follow the principle of legality, openness, fairness, impartialness, convenience for the people and high efficiency.
Article 6 A food dealer shall, after legally obtaining a Food Circulation Permit, apply for industrial and commercial registration to the industry and commerce administrative department having the registration jurisdiction. No food dealer shall be engaged in food business operations without a Food Circulation Permit and a business license.
If a law or administrative regulation provides otherwise for food stalls, such provisions shall prevail.
Article 7 Where the business operation conditions of a food dealer change and the requirements for food business operations are no longer met, the food dealer shall immediately take rectification measures. If there is any potential risk of a food safety accident, the food dealer shall immediately stop its food business operations, and report to the local industry and commerce administrative department at the county level. If the food dealer is required to handle the licensing formalities anew, it shall handle such formalities according to law.
The local industry and commerce administrative department at or above the county level shall strengthen the routine supervisory inspection of the business operations of food dealers; and after finding any violation of the requirements for food business operations, order the food dealer to make a correction immediately, and impose punishment according to law; and if the conditions for a food circulation permit are no longer met, revoke the food circulation permit according to law.
Article 8 Any organization or individual shall have the right to report any illegal act committed during the examination, verification and granting of the Food Circulation Permit and the supervisory inspection relevant thereto, and the licensing organ shall timely verify and handle the illegal act.
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