The Administrative Measures of Food Operation License Will Be Implemented on October 1, 2015 in China

CFDA issued The Administrative Measures of Food Operation License on August 31, 2015 to integrate Food Circulation License and Catering Service License together in order to reduce the amount of the licenses.

This regulation rules that any legal food operator must obtain this license and other contents including application conditions, procedures, punitive measures and other concerned matters. Hereby, CIRS made the following interpretation.

   

1. Which Chinese department was authorized to issue the food operation license?

Local FDA at the county level or above is responsible for the food operation license management work within their respective administrative areas.

2. What requirements dose the applicant have to meet to apply for food operation l icense?

No.

Requirements

1

Applicant has to get the business license or other subject qualification certificate first. Applicant must be the person stated in the business license;

2

Applicant has to meet the certain requirements of food operation place;

3

Applicant has to meet certain requirements of operating equipment or facilities;

4

Applicant must have full-time or part-time food safety management personnel and food safety regulations;

5

Applicant must meet the requirements of reasonable equipment layout and technological process;

6

Applicant must meet the requirements prescribed by the laws or regulations.

3. What kinds of operators must apply for food operation license and what kinds of food operation project required to be applied for?

No.

Food Operator Categories

Attention Matters

1

Food sales operator

Network operator, the central kitchen or collective meal delivery operator shall be labeled in parentheses after the main type of food operator.

2

Catering service operator

3

Canteen operator

No.

Food Operation Categories

Attention Matters

1

Pre-packaged food sales

Includingcold or frozen storage food and No cold or frozen storage food

2

Bulk food sales

Includingcold or frozen storage food and No cold or frozen storage food

3

Special food sales

Includingdietary supplementsfoods for special medical purpose (FSMP)infant formula milk powder and other infant formula foods

4

Other food sales

Specific product categories classified in other food production and sales should be approved by CFDA first and clearly marked. Other foods refer to the regional sales food, ethnic food, local characteristics food, etc.

5

Hot food production and sales

-

6

Cold  food production and sales

-

7

Raw food production and sales

-

8

Pastry food production and sales

-

9

Homemade drinks production and sales

-

10

Other food production and sales

Specific product categories classified in other food production and sales should be approved by CFDA first and clearly marked. Other foods refer to the regional sales food, ethnic food, local characteristics food, etc.

4. What main standards does the applicant need to refer to apply for food operation license?

No.

Standards

The specific contents

1

The Administrative Measures of Food Operation License (2015 version)

This regulation rules that any legal food operator must obtain this license and other contents including application conditions, procedures punitive measures and other concerned matters.

2

The General Rules for Reviewing of  Food Operation License

This regulation rules the content about the technical review for license application.

3

The Administrative Measures for Supervision and Inspection of Food Production and Operation

This regulation rules the content about supervision and inspection of food production and operation.

5. What contents are there in food operation license?

1

2

3

4

The operator’s name

Social credit code (individual operator ID card number)

The name of legal representative ( or person in charge)

Residence address

5

6

7

8

The operating address

Food operator’s category

Food operation category

The food operation license number

9

10

11

12

The period of validity

Daily supervision and administration department

Daily supervision and management personnel

Complaint telephone number

13

14

15

16

The license issuing department

The license issuer’s name

The license issuing date

QR code

If there is a warehouse (including their own and leased) which is not the same place with the operating address, the detailed warehouse address must be stated clearly in the food operation license.

6. What principles do the applicant and FDA need to follow?

No.

Principles followed by the food operator

1

One address, one food operation license. If the food operation address is changed, the food operator should apply for new food operation license.

2

Any legal food operator must apply for and obtain food operation license.

Food circulation license and catering service license will not be issued after October 1, 2015.

3

Food operation license that issued before October 1, 2015 will continue to be valid in the period of validity.

4

If food operator terminates food operation or food operation approval is revoked, cancelled or food operation license is revoked, food operator shall apply for cancellation procedures within 30 working days in the original license issuing FDA department.      

5

Food operators must have the food safety credit files and publish to the society in accordance with the law.

6

If additional warehouse address is changed, the food operator shall submit a report after 10 working days to the original license issuing FDA department.    

No.

Principles followed by FDA

1

The FDA shall classify food production and operation license in accordance with the risk degree of categories.

2

If the food operator has a poor credit record, the FDA shall increase the supervision and inspection frequency. 

3

If the applicant applies for changing or continuing the food production and operation license and states not to change the production and operation conditions, FDA has no need to conduct site inspection.

7. The application procedures


8 The required application materials

No.

The required application materials

1

The application form of food operation license

2

The business license or other subject qualification certificate

3

The main equipment and facilities layout, operation process and other documents corresponding to the food operation.

4

Food safety rules and regulations including food safety check regulations, workers health management, incoming goods records, food safety accidents disposal, etc;

5

The applicant entrust others to apply for the food operation license, the agent shall submit a power of attorney and ID documents;  

6

If the applicant use vending equipments to sell food products, the applicant shall submit qualified certificate and specific place of vending equipment, the operator name, residence address, contact information, food operation license publicity method, etc.   

If you have any questions or recommendations about the new food operation license regulation, please don’t hesitate to contact us.