Interpretation of the General Principles for the Review of Food Business Licenses

　　In order to thoroughly implement the deployment of the Party Central Committee and the State Council on deepening the reform of food business licenses, implement the newly revised "Food Safety Law of the People's Republic of China" and its implementation regulations, "Food Business Licensing and Filing Management Measures" and other laws and regulations, comply with the new development in the field of food business, further standardize the review of food business licenses, and promote the implementation of the main responsibility of food safety, the State Administration for Market Regulation revised and published the "General Principles for the Review of Food Business Licenses" (hereinafter referred to as the "General Principles"). The relevant content is interpreted as follows:

1. What is the background of the revision of the General Principles?

　　As an important guiding document for the market supervision and management department to organize and carry out the review of food business licenses, the General Principles for the Review of Food Business Licenses (Trial) has played an important role in standardizing the review of food business licenses since its implementation in 2015. With the revision of the Food Safety Law of the People's Republic of China and its implementation regulations, and the Administrative Measures for Food Business Licensing and Filing, the relevant national food safety standards in the field of food business have been promulgated, and new formats, new technologies and new models of food business have emerged in an endless stream. In order to implement the new requirements of the current laws and regulations, adapt to the new situation of food business safety, solve new problems in the field of food business safety, and promote the review of food business licenses to be more scientific, reasonable and standardized, it is necessary to revise the "General Principles" in a timely manner, scientifically set the license access threshold, strictly regulate the license review conditions, strengthen risk classification prevention and control, implement the main responsibility of food business operators, and promote the high-quality development of the industry with high-level safety.

2. What are the general considerations for the revision of the General Principles?

　　The State Administration for Market Regulation adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, comprehensively studies and implements the spirit of the 20th National Congress of the Communist Party of China, adheres to the people-centered development thought, strictly implements the "four strictest" requirements for food safety, and always adheres to the problem-oriented, Adhere to the source control, in line with the concept that licensing is the first line of supervision, focus on solving the key and difficult problems in the work of food business licensing, further strengthen the construction of the basic system of food business licensing, optimize the conditions of food business licensing, implement classified licensing, strengthen high-risk strict control, implement the main responsibility of food business operators, make the setting of food business licensing conditions more in line with industrial development, in line with safety requirements, in line with the actual supervision, and continuously improve the level of food safety in accordance with the law, science and strict supervision, and protect the people" safety on the tip of the tongue".

3. What are the main contents of the revision of the General Principles?

　　The General Principles consist of 6 chapters and 71 articles, which are divided into General Provisions, General Requirements for License Review, Licensing Requirements for Catering Services, Licensing Requirements for Food Sales, Licensing Requirements for Other Food Operations, and Supplementary Provisions. The first is to implement the "four strictest" food safety and strictly license key areas. Emphasizing the strict requirements for the review of canteens of centralized dining units such as schools and childcare institutions, provisions are made in terms of the subject of applying for licenses, marking the form of operation, the principle of hierarchical correspondence, and the establishment of a contract management system. Further tighten the licensing review requirements for the contracted operation of canteens in terms of licensing, risk prevention and control capabilities, cross-provincial operations, personnel, and systems in the location of the contracted canteen. The second is to respond to the demands of the society and optimize the licensing requirements. If it is clarified that the simple production and sale of food with low food safety risk can appropriately simplify the review content of equipment and facilities, special areas, etc., and mark it in the copy of the food business license, and clarify the specific circumstances of setting up a special room or special operation area. The third is to adapt to the needs of reform and development, and improve the licensing of emerging business formats. In view of the emerging formats such as the headquarters of food business chain enterprises and the use of food automatic equipment to engage in food business, the license review requirements are put forward from the aspects of organization, personnel and system, and the food service management company is clear about the food safety management responsibility of the catering service management company for its branches, subsidiaries and other enterprises with absolute holding, and the headquarters of the food business chain enterprise for its central kitchen, distribution center and store, so as to promote the healthy development of emerging industries under the premise of ensuring food safety. Fourth, strengthen risk management and control, and strengthen the implementation of main responsibilities. Integrate the requirements of the relevant personnel system, "three prevention" facilities, and temperature control in the current laws and regulations, departmental rules, and national food safety standards into the license review conditions, so as to make them consistent with the current laws, regulations, and standards, and further consolidate the main responsibility of the enterprise.

4. What refinements have been made in the General Principles for the labeling of the main business format and business items?

　　The "General Principles" strengthen the management of classified licensing for canteens of schools and childcare institutions, refine the labeling content, and clarify that the canteens of schools and childcare institutions should be marked with school self-operated canteens, school contracted canteens (including the name of the contracted enterprise), self-operated canteens of childcare institutions, and contracted canteens of childcare institutions (including the name of the contracted enterprise).

　　The "General Principles" further clarifies that food business operators engaged in simple production and sales with low food safety risks, such as thawing, simple heating, preparation, combination, plating, washing and cutting, are not separately licensed business items, and need to obtain corresponding business items such as cold food production and sales, and mark simple production and sales in the copy of the food business license.

5. What are the conditions for the canteen license of schools, childcare institutions and other centralized dining units?

　　The General Principles clarify that in addition to meeting the requirements of Sections 1 and 2 of Chapter 2 and Chapter 3 of the General Principles, the content of the review is also different according to the different forms of self-management and contracting.

　　The "General Principles" specify that centralized dining units shall obtain food business licenses with centralized dining units as the main body to open canteens, and stipulate in Article 38 that the specific types of entities include the entities specified in the registration certificate of the legal person of the organ or public institution, the registration certificate of social organizations or the business license.

　　The "General Principles" clearly state that the canteen of the centralized dining unit shall be equipped with full-time food safety management personnel, and for the contracted operation of the canteen of the centralized dining unit, in addition to meeting the general requirements for the review of the canteen license of the centralized dining unit, the food safety responsibility agreement signed with the contracted enterprise, the evaluation and withdrawal system (mechanism) of the contracted enterprise, and the food safety obligations and responsibilities of the contracted enterprise, the contracted operation management system shall also be established.

　　Article 40 of the General Principles clearly states that the provincial-level market supervision and administration department shall determine the food business license and review authority of the central government's universities, provincial universities and other colleges and universities within its administrative area according to the corresponding relationship between the education management level and the business format, business project, and food safety risk status of the food business entity, combined with the actual food safety risk management.

　　For schools, nursery institutions canteen change the form of operation, self-management to contract management, as well as the change of contracted enterprises, should be in accordance with the provisions of the "food business license and record management measures" article 29 to apply for a change in food business license, the regulatory authorities on the business conditions change, may affect food safety, should be on-site inspection. In addition to the canteens of schools and childcare institutions, if the canteens of centralized dining units other than schools and childcare institutions have the circumstances listed in Article 30 of the "Measures for the Administration of Food Business Licensing and Filing" and the above-mentioned changes, they shall report to the market supervision and management department that originally issued the certificate within 10 working days after the change.

6. What are the conditions for the license of a contracted business enterprise?

　　The General Principles specify that the contracted business enterprise shall obtain a food business license at the location of the canteen of the centralized dining unit. "Location" generally refers to the administrative jurisdiction at the county level.

　　The "General Principles" specify that the contracted business enterprise shall be equipped with full-time food safety management personnel as required, and its business scale and food safety risk prevention and control capabilities shall match the business area, business items, and number of people serving meals of the canteen to be contracted. Where the canteen of a centralized dining unit is contracted across provinces, it shall report to the provincial market supervision and administration department where the canteen of the centralized dining unit is located and the place where the residence or main business place indicated on the business license is located, and shall be responsible for the authenticity of the materials submitted.

　　In addition, the "General Principles" also strengthens the credit management of contracted enterprises, clarifying that enterprises that are included in the list of serious violations and dishonesty are not allowed to contract canteens of centralized dining units.

7. What are the conditions for the license of the headquarters of food business chain enterprises?

　　The "General Principles" make it clear that the headquarters of the food chain enterprise should set up an independent food safety management department and organization, according to its business model, equipped with food safety professional and technical personnel and full-time food safety management personnel, with the corresponding food warehouse, transportation tools and insulation, refrigeration conditions and other equipment and facilities, with central kitchen, distribution center, store site selection, equipment layout and process requirements, the establishment of food safety traceability system, with the chain management operation model compatible with the central kitchen, distribution center, store inspection, Licensing review requirements such as internal control systems.

8. What are the conditions for the license of catering service management enterprises?

　　The General Principles specify that catering service management enterprises shall set up independent food safety management departments and organizations, and meet the following conditions according to their business models:

　　(1) Have the number of personnel and food safety professional and technical personnel and food safety management capabilities corresponding to the scale of operation, and establish rules and regulations to ensure food safety.

　　(2) Equipped with full-time food safety directors, full-time food safety officers and other food safety management personnel. Food safety management personnel should have more than three years of experience in catering service management in physical stores.

　　(3) If a branch is established, it shall have a unified personnel management and food safety management system for the branch. Ensure that the branch has the number of personnel and food safety management capabilities appropriate to the scale of its operation.

　　(4) Where a subsidiary or an absolute controlling shareholder of another enterprise is established, it shall have a system of personnel management, food safety management, and brand management for the subsidiary or other enterprise in which it is absolutely controlled.

　　Where the canteen of a centralized dining unit is contracted, it shall also meet the requirements of the corresponding provisions of Chapter 3, Section 6 of the contracted enterprise.

9. What are the conditions for the use of automatic equipment to engage in food business licenses?

　　The "General Principles" make it clear that if the use of food automatic equipment is engaged in food business, a management system for ensuring food safety such as food safety self-inspection and inspection, equipment maintenance, and purchase inspection records shall be established, and the product qualification certificate of automatic equipment shall be submitted, and the list of food automatic equipment shall be provided, and the food business license shall be displayed for easy for consumers to view. The material and tightness of food automatic equipment in direct contact with food and raw materials shall meet the requirements, and have the required refrigeration, freezing or hot storage conditions, decontamination facilities, etc.

10. What are the circumstances under which it is clear that applications are not allowed?

　　School canteens, canteens of childcare institutions, and those who use automatic food equipment to engage in food business shall not apply for the production and sale of raw food products, and the production and sale of cold food and cold meat food, cold processed pastries and other high-risk food production and sales projects, and further tighten the scope of licensing for high-risk food production and sales projects.

11. In what other aspects have the "General Principles" been optimized and adjusted?

　　The "General Principles" have also been optimized and adjusted in the following three aspects: First, strengthen the personnel and system review requirements. Implement the "Provisions on the Supervision and Management of the Main Responsibility of Enterprises for Food Safety", and the "General Principles" specify that food business enterprises should be equipped with appropriate food safety management personnel, formulate food safety risk control lists, establish and improve daily control, weekly inspection, and monthly scheduling work systems and mechanisms; The second is to strengthen and refine the "three preventions", especially the review conditions for anti-rodent facilities and equipment. The "General Principles" put forward the facilities and equipment conditions for the prevention and control of the invasion of rodents and other harmful organisms from many places such as drainage pipe outlets, rodent-proof panels, door cracks, ceilings, vents and ventilation windows that directly communicate with the outside world. For example, the grate installed at the outlet of the drainage pipe should be made of metal materials, and the gap spacing or mesh of the grate should be less than 10mm. The height of the rodent-proof board should not be less than 60cm, the gap of the door should be less than 6mm, and the ceiling should have conditions and management measures to prevent rodents and other harmful organisms from falling. The third is to strengthen the review of temperature control facilities and equipment. The "General Principles" clearly state that the sale and storage of food with special requirements for temperature should be equipped with corresponding facilities and equipment, and a regular calibration and maintenance system should be established. The refrigeration temperature of the collective meal distribution unit during transportation has been adjusted from keeping it below 10 °C to keeping it at 0 °C ~ 8 °C.

Source: City Speaks New Language

Editor: Guan Chao

Reviewer: Pu Rui