Five new types of situations that do not require a food business license are proposed

The State Administration for Market Supervision solicits opinions on the revision of the "Measures for the Administration of Food Business Licenses"

　　□ Our reporter Wan Jing

　　Recently, the General Administration of Market Supervision issued an announcement to solicit opinions on the "Measures for the Administration of Food Business Licensing (Draft for Comment)" (hereinafter referred to as the "Draft for Comments"). This is the first time since the implementation of the Measures for the Administration of Food Business License in 2015. Second revision.

　　There are 9 major changes in this revision, including simplifying food business license applications, reducing the time limit for processing, refining license categories, and increasing penalties for operations beyond the scope. It is worth noting that, in the revised explanation, the State Administration for Market Regulation also specifically responded to the issue of large differences in the system for soliciting opinions, "catering service management companies are included in the scope of licensing."

Continue to promote streamlining administration and decentralization

Continuously optimize the business environment

　　Comprehensively optimizing and advancing the reform of "delegation, management, and service" is the theme of the "Draft for Comments" betting on the management of food business licenses. In October 2018, the State Council issued the "Notice on Promoting the Reform of "Separation of Licenses and Licenses" across the Country", which put forward specific reform requirements for food business licenses such as "promoting online business processing, reducing approval time limits, and streamlining approval materials." In May 2019, the "Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening Reform and Strengthening Food Safety Work" required "deepening the reform of food production and operation licensing, optimizing licensing procedures, and realizing the entire process of digitization."

　　"The revision of the "Measures for the Administration of Food Business Licenses" is in response to the inevitable requirements of the Party Central Committee and the State Council to comprehensively deepen reforms. Since the 18th National Congress of the Communist Party of China, the Party Central Committee and the State Council have attached great importance to the reform of'decentralization, management and service', and continued to promote streamlined administration, decentralization, and decentralization. Combining and optimizing government services for in-depth development, and continuously optimizing the business environment. In order to thoroughly implement the requirements of the Party Central Committee and the State Council on the reform of food business licenses and promote the modernization of the national governance system and governance capabilities, it is necessary to promptly amend the "Food Business License Management Measures" "." The relevant person in charge of the Food Operation Department of the State Administration for Market Regulation introduced the background of this amendment.

　　For this reason, the "Draft for Comment" highlights the "delegation, regulation, and service" thinking of food business licensing:

　　One is to simplify the application materials for food business licenses. Including that when applying for a new food business license, if the business license or other subject qualification certificates can be verified online, no copies will be provided; when the license is lost, a loss statement can be submitted instead of the original loss announcement to further reduce the applicant burden.

　　The second is to reduce the time limit for processing food business licenses. This is a convenience measure commonly implemented in various places in recent years. It is worth noting that the "Draft for Solicitation of Comments" intends to greatly reduce the time limit for processing food business licenses in the current "Measures for the Administration of Food Business Licenses." First, the time limit for the licensing department to make administrative licensing decisions is reduced to 10 working days. If the time limit needs to be extended due to special reasons, it can be extended by 5 working days with the approval of the person in charge of the administrative agency. Second, the time limit for the licensing department to issue food business licenses is compressed to within 5 working days.

　　The third is to promote the informatization of food business licenses. The "Draft for Solicitation of Comments" puts forward the work requirements and the direction of efforts for the whole process of electronic food business license, and requires local market supervision departments at or above the county level to promote the construction of food business license information, and gradually implement the whole process of license application, acceptance, review, license issuance, and inquiries. The process is processed online, food business license electronic certificates are issued, and food business license matters and food business license information data are disclosed on the official website of the agency. By allowing data to run more routes, the efficiency of food business license work is further improved.

　　The "Draft for Solicitation of Opinions" proposes to add five new types of situations that do not require permission. They are on the basis of the current "Food Business License Management Measures", it is clear that companies that have obtained food production licenses sell self-produced food, sell edible agricultural products, dessert stations opened near main stores that have obtained food business licenses, and Food production and business licenses are not required to obtain food business licenses for the sale of food in temporary trading venues such as trade fairs and the sale of specific full-nutrition formula foods in formula foods for special medical purposes by medical institutions and pharmaceutical retail companies.

　　In addition, the "Draft for Comments" also proposes to implement a partial license notification commitment system, that is, only apply for new licenses for pre-packaged food sales items, changes in operating conditions, and changes or renewal licenses that have been reduced or unchanged in operating items, etc. In the third category, the notification and commitment system is implemented, that is, the application materials submitted by the food business operator are complete and comply with the legal form, no on-site inspection will be performed, and the food business license will be issued directly to the applicant. At the same time, the "Draft for Solicitation of Comments" encourages localities to explore and expand the scope of the notification and commitment system for those with a low degree of risk in combination with local conditions and under the premise of ensuring food safety.

　　Wang Xizin, a professor at Peking University Law School, pointed out that the cancellation of food business license projects is only the approval of administrative approval projects, which means that the market is liberalized or the threshold of the market is relaxed, and the "fence" of the market is removed. The parties do not need to apply for approval for the work (items, behaviors, qualifications and qualifications), and can directly "enter the door", relying on market regulation and industry self-discipline. This is not to cancel the work, nor is it that the work does not exist anymore, nor is it to abolish the supervision responsibility. After canceling the administrative examination and approval, it is necessary to manage the things that should be managed by improving management methods and formulating relevant measures.

Adjust food business items

Adapt to the actual economic development

　　"The revision of the "Measures for the Administration of Food Business Licenses" is an inevitable requirement for the development of the food business field." said the relevant person in charge of the Food Business Department of the State Administration for Market Regulation.

　　In recent years, the food business field has developed rapidly, new business models have continuously emerged, new business models have emerged one after another, and food business has shown a trend of in-depth integration with "Internet +". At the same time, the development of new technologies further promotes the diversification of food business models. How to promote the healthy development of new business formats, new models, and new technologies on the premise of ensuring food safety, and put forward higher requirements for food business license management. In order to adapt to the actual economic and social development, it is necessary to promptly amend the "Measures for the Administration of Food Business Licensing", especially the need to adjust food business items and further refine the types of business items.

　　The "Draft for Solicitation of Comments" proposes to add simple production and sales classifications on the basis of hot, cold, and raw food business items. First, in view of the relatively low risk of simple production and sales projects, further refine the categories of food business projects to facilitate the implementation of food safety risk classification management under the premise of ensuring food safety, and appropriately simplify the review requirements for simple production and sales projects . Second, increase the production and sale of semi-finished products, clarify the definition of semi-finished products, and stipulate that the production and sales of semi-finished products can only be applied by the central kitchen. Third, delete the production and sales of pastry foods and homemade beverages, and classify them into the production and sales of hot foods or cold foods according to the processing technology. Fourth, it is clear that the sale of bulk cooked food in the sale of bulk food, the manufacture and sale of cold processed cakes and the manufacture and sale of freshly squeezed fruit and vegetable juice in the manufacture and sale of cold food should be listed in parentheses after the business items.

　　The relevant person in charge of the Food Business Department of the State Administration for Market Supervision introduced that the revision of the "Food Business License Management Measures" is to meet the needs of grassroots supervision. The current "Measures for the Administration of Food Business Licenses" have played an important role in regulating food business activities and ensuring food safety. The overall level of food business safety has been improved, and the main responsibility of the business has been effectively implemented. In the five years since the implementation of the Measures for the Administration of Food Business Licenses, some problems have been discovered in the daily licensing work, such as the lack of detailed licensing cancellation mechanisms.

　　The "Draft for Solicitation of Comments" has improved the food business license cancellation mechanism. It further clarifies that it is applicable to four types of situations where food operators take the initiative to cancel food business licenses. Increase the number of food business operators who no longer engage in food business activities and have not gone through the cancellation procedures, the market supervision department shall cancel the procedures in accordance with their powers, so that the grassroots supervision departments can clean up "zombie households" in a timely manner, aiming to improve the consistency between the license data and the actual business situation .

Proactively respond to controversial issues

Decentralization combined with optimization services

　　Regarding the issue of whether catering service management companies need to obtain food business licenses, in the process of preliminary written research and internal market supervision systems soliciting opinions, market supervision departments in many places have considerable differences.

　　Some places believe that the catering service management company itself does not engage in catering service business activities, and only provides services such as operation management, food storage and transportation, and does not fall into the category of "food business" stipulated by the Food Safety Law, so there is no need to obtain business licenses; some places believe that catering The service management company actually participates in the catering service business activities and has stricter requirements on food safety, and it should obtain a business license.

　　The "Draft for Solicitation of Comments" includes catering service management companies in the scope of licensing, mainly considering two factors. One is that the Regulations on the Implementation of the Food Safety Law have clarified that those who contract for the management of canteens should obtain food business licenses in accordance with the law; Catering service management companies operate by contracting canteens and providing services. They are not only the actual operators of catering services, but also the direct implementers of the main responsibility for food safety, and they should bear corresponding food safety responsibilities.

　　Accordingly, the "Draft for Comments" clarified the definition of a catering service management company and added the labeling requirements after the main business type. At the same time, citing the provisions of the Regulations for the Implementation of the Food Safety Law, it is clear that the canteen of the contracting unit must have a food business license, and the food business project should cover the food business project of the canteen to be contracted.

　　The food business license reform currently being implemented by the country includes in-depth implementation of the State Council’s reform requirements for decentralization, regulation and service, further optimizing food business license conditions, simplifying the licensing process, shortening the licensing period, and accelerating the implementation of electronic We will continue to improve the licensing system and continuously improve the convenience and intelligence of food business licensing.

　　Qi Jiangang, a professor at Zhongnan University of Economics and Law, believes that the reform of "delegating control and delegating powers" is to reshape the relationship between the government and the market. On the one hand, the market, enterprises and individuals should be delegated to the market, enterprises and individuals through streamlining administration and delegating power. Let the market adjust what is self-regulated, and let the company do what is capable of the enterprise; on the other hand, through decentralization, integration, and optimization of services, things that should be managed by the government are managed, strengthening market supervision and promoting fair competition. , To maintain market order, optimize government services, and make up for market failures to play an active role, so that the market can play a decisive role in the allocation of resources, better play the role of the government, and reshape the relationship between the government and the market.