The first is to clarify the requirements for the examination of food varieties that are not listed in the Catalogue of Food Production Licenses and have no examination rules.
The General Rules (2022 edition) added food varieties that are not listed in the food production license catalogue and have no review rules. The local market supervision and management departments at or above the county level shall, in accordance with the relevant requirements of the Measures and these General Rules, formulate a review plan (except for infant formula food and formula food for special medical purposes) and carry out food production license review in combination with the review rules and product implementation standards of similar foods. This move has solved the * * * problem that has been existing in local food production licenses in recent years.
The second is to make it clear that enterprises can submit applications electronically.
The General Principles (2022 Edition) stipulates that the application materials shall conform to the provisions of the Measures and be submitted in electronic or paper form. Electronic application materials, electronic licenses, electronic seals, electronic signatures and electronic files that meet the statutory requirements have the same legal effect as paper application materials, paper licenses, physical seals, handwritten signatures or seals and paper files. This move makes the production enterprises more convenient and efficient in the application process.
Three. The completeness, standardization and conformity of the application materials are summarized and classified, which conforms to the "cohesion" method.
In order to implement the relevant requirements of the Measures and make the requirements of food production license examination consistent with the contents of the Measures, the application materials were further optimized, some provisions directly quoted the relevant provisions of the Measures, and the completeness, standardization and compliance of the application materials were summarized and classified, making the requirements of the application materials more clear. The main changes are as follows:
(1) The completeness of the application materials directly refers to the relevant provisions of the Measures: among the cancelled materials, the business license (copy) can verify the applicant's main information through the internal supervision information system, and other related materials can verify the information on the spot in the on-site verification link;
(2) Some requirements of application materials are standardized: for example, "the legal representative or person in charge signs and seals the applicant" is changed to "the applicant signs or seals"; Clear packaging production, should be indicated after the details of the corresponding varieties;
(3) Adjusting the review requirements for the conformity of application materials. Whether the applicant's main qualification, list of main equipment and facilities and production process meet the requirements of laws, regulations and standards is listed as the content of compliance review.
Four, in addition to the first application for permission, six kinds of on-site verification situations were clarified.
In addition to applying for permission for the first time, the General Principles (2022 Edition) stipulates six other situations that need on-site verification, including:
(1) Applications for food production licenses include: 1. Applying for a food production license after the expiration of the validity period of the food production license due to force majeure; 2. Relocate the production site and re-apply for the food production license; 3. Significant changes have taken place in production conditions, and it is necessary to reapply for a food production license;
(2) Changes in food production license that may affect food safety, including: 1. Changes in existing equipment layout and process flow; 2. Major production equipment and facilities have changed; 3. The types of food produced have changed; 4. Reconstruction and expansion of the production site; 5. Other production conditions or changes in the surrounding environment of the production site may affect food safety;
(3) When the food production license is renewed, the applicant declares that the production conditions or the surrounding environment have changed, which may affect food safety;
(four) it is necessary to verify the contents of the application materials, food categories, and whether it meets the relevant review rules and implementation standards;
(five) due to major changes in the national food safety standards, the national and provincial market supervision and management departments decided to organize re-verification;
(six) other circumstances that require on-site inspection as stipulated by laws, regulations and rules.
Five, shorten the time limit of some review links
In order to simplify the approval process and improve work efficiency, the General Principles (2022 Edition) clearly shortened the time limit of some approval links. For example, in order to ensure that the examination and approval department completes the food production license within 10 working days, the time limit for the inspection team to complete the on-site inspection is shortened from 10 working days after accepting the on-site inspection task to 5 working days; During the review, if the observers have objections to the procedures, processes and results of on-site verification, the time limit for solving the link will be shortened from 3 working days to 1 working day.
Six, the relevant provisions of the new termination of the license
Provisions on termination of license in newly added general provisions (2022 edition). If it is stipulated that the on-site inspection cannot be carried out after the expiration of the suspension time for the applicant's application, or if the applicant applies for termination of the license, the examination and approval department shall terminate the license. In addition, if the applicant is placed on file for investigation because of suspected food safety violations or suspected food safety crimes, the examination and approval department shall terminate the production license procedure. Closed-loop management measures after the license is suspended due to force majeure and the applicant is suspected of committing a crime.
Legal basis:
People's Republic of China (PRC) Food Safety Law
Article 33 Food production and marketing shall conform to food safety standards and meet the following requirements:
(1) Having food raw material processing, food processing, packaging and storage places suitable for the variety and quantity of food produced and operated, keeping the environment of the places clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources;
(2) Having production and operation equipment or facilities suitable for the variety and quantity of food produced and operated, and having corresponding equipment or facilities for disinfection, dressing, washing, lighting, lighting, ventilation, anticorrosion, dustproof, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage;
(3) Having full-time or part-time food safety professionals and technicians, food safety managers and rules and regulations for ensuring food safety;
(4) Having a reasonable equipment layout and technological process, so as to prevent the food to be processed from cross-contamination with directly imported food, raw materials and finished products, and avoid the food from contacting with toxic and unclean substances;
(5) Tableware, drinking utensils and containers for directly edible food shall be washed and disinfected before use, and cookware and utensils shall be washed and kept clean after use;
(6) Containers, tools and equipment for storing, transporting, loading and unloading food shall be safe and harmless, kept clean to prevent food contamination, and meet special requirements such as temperature and humidity required to ensure food safety, and food shall not be mixed with toxic and harmful substances for storage and transportation;
(seven) directly imported food should use non-toxic and clean packaging materials, tableware, drinking utensils and containers;
(eight) food production and marketing personnel should maintain personal hygiene, food production and marketing personnel should wash their hands and wear clean work clothes, hats, etc. ; When selling directly imported unpackaged food, non-toxic and clean containers, sales tools and equipment should be used;
(9) Water use shall conform to the hygienic standards for drinking water prescribed by the state;
(10) The detergents and disinfectants used shall be safe and harmless to human body;
(eleven) other requirements stipulated by laws and regulations.
Non-food producers and operators engaged in food storage, transportation and loading and unloading shall abide by the provisions of Item 6 of the preceding paragraph.
Article 34 It is prohibited to produce and operate the following foods, food additives and food-related products:
(1) Foods produced using non-food raw materials or using chemicals other than food additives and other substances that may endanger human health, or foods produced using recycled foods as raw materials;
(2) Pathogenic microorganisms, foods, food additives and food-related products with pesticide residues, veterinary drug residues, biotoxins, heavy metals and other substances harmful to human health exceeding food safety standards;
(3) Foods and food additives produced by using food raw materials and food additives that have exceeded the shelf life;
(4) Foods that use food additives beyond the scope and limit;
(five) the main and auxiliary foods specially designed for infants and other specific groups whose nutritional components do not meet the food safety standards;
(six) food and food additives that are spoiled, rancid, moldy, unclean, mixed with foreign substances, and adulterated with false or abnormal sensory properties;
(seven) poultry, livestock, animals, aquatic animals and their products that died of illness, poisoning or unknown causes;
(eight) meat that has not been quarantined or failed to pass the quarantine according to the regulations, or meat products that have not been inspected or failed to pass the inspection;
(nine) food and food additives contaminated by packaging materials, containers and means of transport;
(ten) food and food additives with false production date, shelf life or beyond the shelf life;
(eleven) unlabeled prepackaged foods and food additives;
(12) Foods whose production and marketing are explicitly prohibited by the state for special needs such as disease prevention;
(thirteen) other foods, food additives and food-related products that do not meet the laws, regulations or food safety standards.
Article 35 The State practices a licensing system for food production and marketing. Engaged in food production, food sales, catering services, shall obtain a license according to law. However, sales of edible agricultural products and sales only in prepackaged foods do not require permission. Only selling prepackaged foods shall be reported to the food safety supervision and administration department of the local people's government at or above the county level for the record.