Chapter I General Provisions Article order to regulate the licensing of food circulation and strengthen the "food distribution license", and based on "The People's Republic of China Food Safety Act" (hereinafter referred to as "Food Safety Law"), "The People's Republic of China Administrative Licensing Law," " The People's Republic of China Regulations for the Implementation of Food Safety Law "(hereinafter referred to as" Regulations for the Implementation of Food Safety Law ") and other relevant laws, regulations formulated.

The second food distribution license application processing, examination and approval and the supervision and inspection and other related acts, for these measures.

Third in circulation in food business, food distribution should be made according to law license.
Get food production permit food producers to sell their production sites in the production of food, without obtaining the permission of food circulation; obtain food service permit food and beverage service provider in its food service establishments to sell their produce processed foods, do not get Food distribution license.

Article IV and above the county level where the food distribution industry and commerce authorities permitted the implementation of the specific charge of circulation by the food safety regulatory functions of the agencies. Local industry and commerce division of licensing jurisdiction of the provinces, autonomous regions and municipalities Industry and Commerce Administration decision.

Article V permit shall follow the law of food distribution, openness, fairness, justice, convenience, efficiency principle.

Article VI of food business operators should be made in accordance with the law, "Food distribution license", the jurisdiction of the registered business to apply to the administration for industry. Did not get "food distribution license" and a business license, shall not be engaged in the food business.

Laws and regulations on food vendors as otherwise provided, in accordance with its provisions.
Seventh Article of food business operators operating conditions change, does not meet the requirements of food business, food business operators shall take immediate corrective measures; have the potential occurrence of food safety risk of an accident, should immediately cease food operations to the county seat of Commerce and Industry administrative authorities report; need to re-licensing procedures shall be according to law.

And above the county level shall strengthen the local industry and commerce activities of those engaged in food business daily supervision and inspection; found that the circumstances do not meet performance requirements of food, it shall order immediate corrective actions and be dealt with according to law; no longer meets the licensing conditions of food circulation should be revoked in accordance with food distribution license.

Article VIII of any organization or individual has the right to report "Food distribution license" review the process of granting and supervision and inspection violations, licensing authorities shall promptly verify the address.

Chapter II Application and Acceptance Article apply "food distribution license" shall comply with food safety standards and meet the following requirements:

  (A) have the management of food varieties and quantities of suitable food materials handling and food processing, packaging, storage and other places, to keep the place clean and tidy environment, and with toxic, hazardous sites and other sources to keep prescribed distance;

  (B) have the management of food species, the number of compatible equipment or facilities, appropriate disinfection, changing clothes, toilet, lighting, lighting, ventilation, corrosion, dust, flies and rodents, pest control, cleaning and waste water treatment the containment of garbage and waste of equipment or facilities;

  (C) food safety professional and technical personnel, management personnel and to ensure food safety rules and regulations;

  (D) with reasonable layout and process equipment to prevent direct entry to be processed food and food products, raw materials and finished products cross-contamination, avoid food contact with toxins, dirt.

  Article apply "food distribution license" shall submit the following materials:
(A) "Food distribution license application"; (B) "notice of the name of pre-approved" copy;
(C) compatible with the food business premises of the use of proof;
(D) charge and the food safety management personnel identification;
(E) and food business operators compatible equipment, tools, list;
(6) compatible with the operation of food facilities operating room layout and operation of process documents;
(7) food safety management system version;
(8) provinces, autonomous regions and municipalities directly under the provisions of Business Administration and other materials.

The applicant has appointed another person permission to apply, the agent shall submit a power of attorney and agent, or designated representative of the identity.

Qualification has been a legitimate business in the business scope for additional food business projects, need to submit business licenses and other proof of the main qualifications, no need to submit "Notice of name checking" copy.

The new food venture for food distribution license, the company's investment in human license applicants; already have the main qualification for food distribution business license, the company is licensing the applicant; enterprise branch offices for food distribution license, the establishment of the branch To permit the applicant company; individual new application or individual business license application for food distribution, the owner for the license applicant. The applicant should be signed and sealed on the application materials.

Article for "food distribution license" the materials submitted, should be true, legal, valid, consistent with relevant laws and regulations. The applicant shall submit the material to its legitimacy, authenticity, validity responsible.

Article XII of the branch companies in food business, the branch shall apply, respectively, "Food distribution license."

  Licensing authority of Article XIII of receipt of the application, the application shall review the matter and deal separately in the following circumstances:

  (A) the matter applied do not need to obtain "food distribution license", it shall immediately inform the applicant not be accepted.

  (B) the matter applied the terms of reference are not permitted authority, it shall make a decision of rejection immediately and inform the applicant to apply to the relevant administrative authorities.

  (C) Application materials can be corrected on the spot an error, should be allowed to the applicant on the spot corrections, corrected by the applicant in the signature or seal, indicate the correct date.

  (D) of the application materials are incomplete or do not meet the statutory form, on the spot or within 5 days, inform the applicant to make corrections all the contents; informed on the spot, application materials should be returned to the applicant; notification within 5 days shall be charged for materials and issue a receipt of the application materials, credentials, and those who do not tell, from the date of receipt of the application materials shall be accepted.

  (E) The application materials are complete and meet the statutory form, or the applicant has submitted all the requested correction materials, licensing authorities should be admissible.

  Licensing authority after receiving an application for leave to make a licensing decision, the applicants written request to withdraw an application for leave food distribution, should agree to withdraw its request; to withdraw permit applications, permit authority to terminate the process.

  Licensing authority of Article XIV of the applicant's decision to accept an application, shall issue a "notice of acceptance"; decided not to accept the application, shall issue a "notice is inadmissible," the grounds for inadmissibility and inform the application who is entitled to apply for administrative reconsideration or lodge an administrative lawsuit.

  Chapter review and approval of the 15th article of food distribution, including licensing matters, business premises, responsible persons, to the extent permitted and so on.

  Food distribution to the extent permitted in licensing matters, including management and operation of the project. Management projects in accordance with the pre-packaged foods, bulk foods approved two categories; management methods in accordance with the wholesale, retail, wholesale and retail approved three categories.

  Article XVI licensing authorities should review the relevant materials submitted by the applicant whether the "Food Safety Law" second 17 and the first to the fourth requirement of this approach. Necessary, in accordance with the statutory authority and procedures, conduct on-site verification of their premises. Materials and on-site verification audit of provinces, autonomous regions and municipalities to develop Industry and Commerce Administration.

  On-site verification, licensing authorities should appoint more than two law enforcement officers to participate in and produce valid documents, the applicant and food business operators shall be required. On-site inspections should be completed "on-site inspections of food distribution permission form."

  Article XVII of the applicant to submit permit applications for food distribution to be accepted, the licensing authority shall, within 20 days from the date of acceptance to make a decision whether to grant permission. License within 20 days can not make a decision, approved by the licensing authority responsible person, can be extended 10 days, and shall inform the applicant of the reason for extension.

  18th licensing authority shall make a decision to grant permission, it shall issue "permission granted notice", and inform the applicant within 10 days from the date of the decision to collect "food distribution license"; to grant permission to change the decision, shall issue a "grant Notice of change of license "and inform the applicant within 10 days from the date of the decision to renew its" food distribution license "; made the decision to grant cancellation of license, shall issue a" license granted cancellation notice ", cancellation of" food distribution license " . Licensing authority to grant permission to make decisions, should be made public.

  Licensing authority to make the decision not to license, shall issue a "notice of rejection of the application", indicating the reasons for non-permit and inform the applicant legally entitled to apply for administrative reconsideration or lodge an administrative lawsuit.

  19th licensing authority shall consider the public interest requires a hearing involving the major licensing issues, it should be known to the public, and hold a hearing.

  Chapter permission to change and cancellation Diershitiao food business operators to change the licensing matters, should apply to the licensing authority to change its food distribution license. Permission without changing the licensing matters.

  Article 1 apply to food operators license authority to change its food distribution license shall submit the following application materials:

  (A) "Application for Change of food distribution";
(B) "Food distribution license", a copy;
(C) Food distribution and licensing issues related to change of material.
Twenty-two food distribution permit is valid for 3 years.
Food business operators need to continue food distribution license is valid, it should be "food distribution license" expires on the 30th licensing authority for original, renewal, "food distribution license."

  For the permit renewal, the renewal of post-"food distribution license" No change, but the certification year, according to actual complete, valid re-calculated.

  Article 3 of the following circumstances, the payment of "food distribution license" license authority or the higher administrative authorities may revoke the license has been made in food distribution:

  (A) licensing authorities of abusing their power, dereliction of duty, to grant the applicant does not meet the conditions "food distribution license";

  (B) permit office workers beyond the statutory authority issuing "food distribution license";
(C) licensing authorities issued the work in violation of due process, "Food distribution license";
(D) may revoke the law license of other cases of food distribution.
Food business operators to fraud, bribery and other illegal means and concealing the truth or submitted false materials to obtain food distribution license shall be revoked.

  In accordance with the provisions of the preceding two food distribution license revoked, may cause significant damage to public interests, shall not be annulled.

  Article 4 of the following circumstances, the licensing authority shall go through procedures for the cancellation of food distribution license:

  (A) "Food distribution license" expires and food business operators have not applied for renewal of;
(B) food business operators within the statutory time limit did not obtain legal qualification of the qualification or terminated according to law;

  (C) Food distribution license is annulled, or "food distribution license" shall be revoked;
(D) due to force majeure leave the matter of food distribution can not be implemented;
(E) shall be canceled, "Food distribution license" other circumstances.
Twenty-five food business operators apply for cancellation of "food distribution license" shall apply to the licensing authority to submit the following application materials:

  (A) "application for leave cancellation of food distribution";
(B) "Food distribution license", a copy;
(C) and the cancellation of "food distribution license" relevant documents.
Licensing authority accepts applications for cancellation after the cancellation of the audited according to law "food distribution license."

  Lost twenty-six food business operators, "Food distribution license" shall be set aside public statements in the press and hold the relevant authority for permission to re-submit the original proof. After approval, the original licensing authority within 20 days for replacement "food distribution license."

  Chapter 17 permits the management of a second "food distribution license" into the original copy. Original copy of the same legal effect.

  "Food distribution licenses," the original copy of the style, and "application for leave to food distribution," "Application for Change of food distribution," "food distribution application for cancellation of license" and style, by the State Administration for Industry and unified manner. Provinces, autonomous regions and municipalities Industry and Commerce Administration is responsible for the administrative region "of food distribution license" and related instruments for the printing, distribution and management.

  28th "food distribution license" should include: name, business premises, license scope, subject type, responsible person, and permit number, expiration date, issuing authority and date of issue.

  29th "food distribution license" number two letters +16 digits, namely: the letters SP +6 +2 bit digital administrative area of the main character licensing year +1 bit sequence number + 1 + 6-bit digital computer checksum.

  "Food distribution license" number of specific rules to be enacted separately.
The third 10 food business operators to obtain "food distribution license", shall take good care of, not forged, altered, resale, lease, lend, or otherwise illegal transfer.

  Food premises operators should be prominently hung or placed "food distribution license" original.
Chapter VI Supervision and Inspection and above the county level local industry and commerce should be based on laws and regulations of the responsibilities of food business operators to conduct supervision and inspection. Supervision and inspection of the main contents are:

  (A) whether the food business operators, "Food distribution license."
(B) food business operators operating conditions change, do not meet business requirements, whether the operator to take immediate corrective measures; have the potential occurrence of food safety risk of an accident, whether the operators to immediately stop operating activities, to the county seat of Commerce and Industry administrative authorities report; need to re-licensing procedures, the operators are according to law.

  (C) changes in food distribution licensing matters, whether the operator shall re-apply for permission to change or "food distribution license."

  (D) whether the forgery, alteration, resale, lease, lend, or otherwise illegal transfer of "food distribution permits" behavior.

  (E) whether the health of employees employed by evidence.
(F) in food storage, transport and whether the sales process to ensure food quality and pollution control measures.

  (7) laws and regulations in other circumstances.
32nd and above the county level local industry and commerce shall establish credit files of food business operators to record permission granted, the daily supervision and inspection results, investigate violations and so on.

  Food business operators engaged in the supervision and inspection of food operations, the industrial and commercial administrative organs shall supervise and inspect the situation and the outcome to be recorded, by the supervision and inspection and food business operators to sign it before it is filed.

  Industrial and commercial administration authorities in the process of annual inspection and testing according to individual businesses, it should be in accordance with the annual inspection and individual business according to relevant provisions of the inspection, review of "Food distribution license" is to be revoked, suspended or validity expires. On "Food distribution license" revoked, suspended or expired term of validity, the registration authority in accordance with the relevant provisions of the order of their scope of business process change or cancellation registration.

  13 permit disclosure of the truth or providing false materials for food circulation permits, industrial and commercial administrative organ shall not accept or not permit, the applicant may apply again in a year, food distribution license.

  Licensee to fraud, bribery and other illegal means to obtain food distribution license, the applicant may not apply again in three years, food distribution license.

  Suspension of food production, distribution, or food service permit, personnel directly in charge of their self-punishment decision within 5 years from the date shall not engage in food business management.

  Food business operators shall not engage in food production and employment of management staff in the management of the original issuing department shall suspend the license.

  34th any of the following circumstances, in accordance with laws and regulations shall be punished. Laws and regulations make no provisions, ordered to make corrections, give a warning and imposed a fine of 10,000 yuan; the circumstances are serious, a fine of 10,000 yuan more than 30,000 yuan shall be imposed:

  (A) without authorization to change the licensing matters;
(B) forging, altering, reselling, leasing, lending, "Food distribution license" or other form of illegal transfer of "food distribution license";

  (C) concealing facts, or submitted false materials in applying for or obtaining food distribution license;
(Iv) fraud, bribery and other illegal means to obtain food distribution license.
With the "PRC Administrative Punishment Law," on the initiative to eliminate, reduce harmful consequences, or have other legal cases, it may lighter or mitigated punishment; on a minor offense and promptly corrected, did not result in harmful consequences, not punishment.

  15 food business operators on the industrial and commercial administrative organ refuses to accept the punishment decision may apply for administrative reconsideration or institute administrative proceedings.

  16 food business operators in the business license period is written off according to the law, revoked, suspended food distribution license, or "food distribution license" expires, should be canceled, revoked, suspended license or permit from the date of expiry 30 days for change of registration or for cancellation of registration.

  TRADE AND INDUSTRY 37th administrations neglect their duties, abuse of power, favoritism, and shall be prosecuted for the administrative responsibility of the person concerned; constitute a crime shall be held criminally responsible.

  TRADE AND INDUSTRY 38th administrations shall establish food distribution license file.
The borrowing, copying, carrying, copy the file information, in accordance with laws, regulations and the State Administration for Industry and the relevant regulations. No unit or individual shall not modify, alter, mark, damaged file information.

  TRADE AND INDUSTRY 39th and at the same level administrative organs shall strengthen the food safety coordination department of the working relationship, and timely information about food distribution license information.

  Chapter VII Supplementary Provisions Article 10 food operators prior to the implementation of this method to obtain "food sanitation license", the original permit remain in force. Changes in the original permit or license expires items, food business operators shall be in accordance with these rules apply, after review by the licensing authority, cancellation of "food hygiene permit," receive "food distribution license", and in accordance with territorial jurisdiction principle, the local supervision and inspection of industrial and commercial administrative organs.

  On "Food hygiene license" to continue effective food operators, industry and commerce shall, according to "Food Safety Law," "Regulations for the Implementation of Food Safety Law," and these rules, regular or irregular conduct supervision and inspection.

  implementation of the requirements for food distribution license shall be included in the executive budget.
42nd of the provinces, autonomous regions and municipalities according to the local Administration for Industry and the actual situation, formulate specific measures for implementation.

  43rd detailed regulations from the State Administration for Industry and interpret.

  44th article this way since the implementation date of publication.