Notice of the Shenzhen Municipal Administration of Market Supervision on Issuing the”Measures for the Implementation of Shenzhen Food Production License” (Shenshi Jian [2020] No. 566)
By: Date: 2021-01-01 Categories: authoritativerelease Tags: ,
All relevant units:
   In accordance with the adjustments and changes of the”Measures for the Administration of Food Production Licensing” and combining with the actual conditions of our city, our bureau revised the original”Measures for the Implementation of Shenzhen Food Production Licensing”. The revised”Shenzhen Food Production Licensing Implementation Measures” have been reviewed and approved by the administrative meeting of our bureau, and have been reviewed and approved by the Shenzhen Municipal Government Service Data Administration. They are now being printed and distributed, please comply with them.
   Shenzhen Municipal Market Supervision Administration
   December 28, 2020
   Shenzhen City Food Production License Implementation Measures
  Chapter One General Provisions
  Article 1 In order to regulate the production licensing activities of food and food additives in our city, in accordance with the”Administrative Licensing Law of the People’s Republic of China”,”Food Safety Law of the People’s Republic of China”,”Implementation Regulations of the Food Safety Law of the People’s Republic of China”,”Shenzhen Special Economic Zone Food Safety Supervision and Administration Regulations, Food Production Licensing Management Measures, Food Production Licensing Examination General Rules and the requirements of relevant food production licensing examination rules, combined with the actual conditions of our city, formulate these implementation measures.
  Article 2 The application, acceptance, review and administrative licensing decision work (including the renewal of the license) for food and food additive production licenses within the jurisdiction of the Shenzhen Municipal Market Supervision Administration granted by food safety laws, regulations, and rules , Change, cancellation), apply to these measures.
   The registration and management of small food production and processing workshops do not apply to this approach.
   The Guangdong Provincial Market Supervision Administration re-adjusts the food production license management authority of the food safety supervision and management department at the city and county level according to the food safety risk status, and the new regulations shall be adopted.
  Article 3 Food and food additive production licenses implement the principle of one company, one license, that is, the same commercial entity engaged in food and food additive production activities shall obtain a food production license.
  Article 4 Food and food additive production licenses comply with national industrial policies, and if the application items fall into the restricted category in the”Industrial Structure Adjustment Guidance Catalog”, the production license procedures shall not be processed; local laws, regulations or relevant documents of the provincial people’s government are If there are other provisions in the implementation of industrial policies, those provisions shall also be followed.
  Article 5 The Shenzhen Municipal Market Supervision and Administration Bureau implements classified licensing for the production of food and food additives in accordance with the risk level of food and food additives, combined with food raw materials, production processes and other factors.
  Article 6 Those engaged in the production and processing of primary edible agricultural products do not need to obtain a food production license.
  Article 7 Catering service providers who have obtained food business licenses do not need to obtain food production licenses if they produce processed foods for on-site sales in their catering service premises.
  Article 8 Where a food sales operator who has obtained a food business license sells a combination of prepackaged foods that have obtained a production license and can be sold independently, it does not need to obtain a food production license.
  Article 9 Produced and processed foods and food additives are only for internal use by the unit and not for commercial sales, and no food production license is required.
  Article 10 The Shenzhen Municipal Market Supervision Administration uniformly coordinates, supervises and guides the management of food and food additive production licenses in the city, and is responsible for the acceptance of food and food additive applications, licensing decisions and license issuance.
   The License Review Center of Shenzhen Municipal Market Supervision Administration is responsible for the technical review and on-site verification of food and food additive production licenses.
   The Supervision Bureau of the District of Shenzhen Municipal Market Supervision Administration is responsible for coordinating the on-site inspection of food and food additives within its administrative area, assigning observers to assist in the on-site inspection, and following up and urging producers to implement rectifications for deficiencies found in the on-site inspection.
  Article 11 There is no limit to the number of food and food additive production licenses, and you can apply if you meet the conditions.
  Chapter Two Application and Acceptance
  Article 12 To apply for a food and food additive production license, you should first obtain a business license and other legal subject qualifications. For corporate legal persons, partnerships, sole proprietorships, individual industrial and commercial households, and farmers’ professional cooperative organizations, the applicant shall be the subject specified in the business license.
  Non-commercial entities shall not apply for food and food additive production licenses.
  Article 13 Applying for a food and food additive production license shall meet the following conditions:
   (1) Have food raw material processing and food processing, packaging, storage and other places suitable for the variety and quantity of the food (food additives) produced. Keep the environment clean and tidy and keep it away from toxic and harmful places and other pollution sources The specified distance;
   (2) Have production equipment or facilities suitable for the variety and quantity of the food (food additives) produced, and have corresponding disinfection, dressing, washing, lighting, lighting, ventilation, anti-corrosion, dust, fly, and Rats, pest control, washing and treatment of waste water, garbage and waste storage equipment or facilities; health food production process has raw material extraction, purification and other pre-treatment processes, need to have raw material pre-treatment equipment suitable for the variety and quantity of production or Facilities;
  (3) There are full-time or part-time food safety professional and technical personnel, food safety management personnel, and rules and regulations to ensure food safety;
   (4) Reasonable equipment layout and process flow to prevent cross-contamination of food to be processed and directly imported food, raw materials and finished products, and avoid food contact with toxic and unclean substances;
  (5) Other conditions stipulated by laws and regulations.
  Article 14 Restrictive Provisions on License Application
   (1) Food producers and operators whose licenses have been revoked and their legal representatives, directly responsible persons in charge and other directly responsible personnel shall not apply for food production licenses within 5 years from the date of the penalty decision; Anyone who conceals the truth or provides false materials to apply for a food production license and is punished by the market supervision and management department with warnings or more shall not apply for a food production license again within 1 year from the date when the penalty decision is made.
   (2) Where the licensee has obtained a food production license by fraud, bribery and other improper means and the license is revoked by the original market supervision and management department, he shall not apply for food production again within 3 years from the date of the punishment decision. license.
   (3) If the permit applicant is filed and investigated by the relevant department for suspected food safety violations, he shall not apply for a food or food additive production license before the case is closed.
  Article 15 The application for food production license shall be submitted according to the following food categories:processed grain products, edible oil, fats and their products, seasonings, meat products, dairy products, beverages, convenience foods, biscuits, cans, frozen Drinks, quick-frozen foods, potato and puffed foods, confectionery products, tea and related products, alcohol, vegetable products, fruit products, roasted food and nut products, egg products, cocoa and roasted coffee products, sugar, aquatic products, starch and Starch products, cakes, soy products, bee products, health foods, formula foods for special medical purposes, formula foods for infants and young children, special dietary foods, other foods, etc.
   Those applying for food additive production license shall be submitted according to the following categories:food additives, food flavors, and compound food additives.
  Article 16 If the State Administration for Market Regulation adjusts the food category or the category of food additives based on the risk of food safety supervision or the need for supervision and management, the newly adjusted classification shall be implemented.
  Article 17 Applicants can choose to submit to the administrative service window
  Paper materials or the entire process of uploading materials online to submit a license application.
   For the entire process online, the acceptance department shall accept the application within 2 working days after the permit applicant successfully submits the application.
  Before the approval review authority makes the review conclusion, the approval applicant may apply to withdraw all or part of the submitted application.
  Article 18 After receiving the food production license application submitted by the license applicant, the acceptance department shall deal with it separately according to the following circumstances:
  (1) If the application does not require a food production license in accordance with the law, the applicant shall be notified immediately that it will not be accepted;
  (2) If the application matters are not within the scope of the Shenzhen Municipal Market Supervision Administration’s powers, it shall immediately make a decision of not accepting it and notify the applicant to apply to the relevant administrative agency;
  (3) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to make corrections on the spot, and the applicant shall sign or stamp at the correction place and indicate the date of correction;
   (4) If the application materials are incomplete or do not conform to the legal form, the applicant shall be notified on the spot or within 5 working days of all the contents that need to be supplemented and corrected. If notified on the spot, the application materials shall be returned to the applicant; if notified within 5 working days, the application materials shall be collected and proof of receipt of the application materials shall be issued. Those who fail to notify within the time limit shall be deemed to be accepted from the date of receipt of the application materials;
  (5) If the application materials are complete and conform to the legal form, or the applicant submits all supplementary materials as required, the application for food production license shall be accepted.
   Article 19 If the acceptance department decides to accept the application submitted by the license applicant, it shall issue a notification of acceptance; if it decides not to accept the application, it shall issue a notification of non-acceptance, stating the reasons for non-acceptance, and notify The applicant has the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
  Chapter Three Application Materials
   Article 20 To apply for the production license of food and food additives, all application materials shall be submitted as required and the situation shall be truthfully reported, and the category and variety of food and food additives shall be truthfully declared; be responsible for the authenticity of the application materials and shall be included in the application form Wait for the materials to be signed or stamped.
   If the applicant entrusts others to handle the food production license application, the agent shall submit the power of attorney and the agent’s identity certificate.
  Article 21 The food production license business form is divided into”Food Production License Application”,”Food Production License Application Form for Changes in the Names of Items specified in the Food Production License”, and”The same food specified in the copy of the food production license” All application forms can be downloaded for free on the Guangdong Government Service Network or the portal website of Shenzhen Municipal Market Supervision and Administration Bureau.
  Article 22 Newly established food producers and certified enterprises whose food production sites are relocated, the following materials should be submitted when applying for food production licenses:
   (1) Food production license application (in the”product information sheet” in the application, the”variety details” should be marked with the food safety standards implemented by the product variety. If the enterprise standard is implemented, the record of the enterprise standard should also be marked Number);
   (2) Food production and processing sites and their surrounding environment plan, equipment layout and food production process flow chart.
   To apply for a food production license involving a national industrial policy management project, the applicant must also submit project approval, approval documents or filing documents issued by relevant departments.
   Article 23 Health foods, formula foods for special medical purposes, formula foods for infants and young children, supplementary foods for infants and young children, salt, etc. approved by the Guangdong Provincial Market Supervision Administration shall apply to the Shenzhen Municipal Market Supervision Administration for printing For the certificate, the following materials should be submitted:
   (1) Food production license application (in the”product information sheet” in the application, the”variety details” should be marked with the food safety standards implemented by the product variety. If the enterprise standard is implemented, the record of the enterprise standard should also be marked Number);
   (2) Food production equipment layout and food production process flow chart;
   (3) Decision on the approval of relevant food.
   If the applicant entrusts others to handle the food production license application, the agent shall submit the power of attorney and the agent’s identity certificate.
  Article 24 Change of Food Production License
   Within the validity period of the food production license, the name and production of the food producer
  If conditions and other matters are changed, an application for change shall be filed within 10 working days after the change; if the food producer’s production site is relocated, it shall reapply for a food production license.
   (1) Reconstruction (or expansion) of food production sites, equipment layout and technology
  In the event of changes in processes, main production equipment and facilities, food categories, etc., the following materials shall be submitted:
  1. Application for change of food production license;
  2. The original and duplicate of the food production license and the copy of the variety list;
  3. Food production equipment layout and food production process flow chart;
  4. Material documents related to changes to food production license items.
   (2) If the name of the food producer, the legal representative (or responsible person), the unified social credit code, the address, the name of the production site (the actual address has not changed), the following materials should be provided:
  1. The application form for changing the name of the items stated in the food production license;
  2. Material documents related to changes in food production license items;
  3. A statement of commitment that the equipment layout and process flow of the production site, and the production conditions of the main production equipment and facilities have not changed.
  (3) If the variety details within the same food category specified in the copy of the food production license are changed, submit the following materials:
  1. A report on changes in matters in the same food category specified in the copy of the food production license;
  2. The original or copy of the food production license and a copy of the variety list;
  3. Product production process flow chart of newly added variety details;
  4. A statement of commitment that the equipment layout and process flow of the production site, and the production conditions of the main production equipment and facilities have not changed.
  Article 25 Food producers who need to extend the validity period of a food production license obtained according to law shall apply for renewal 30 working days before the expiration of their food production license and submit the following materials:
  (1) Application for renewal of food production license;
  (2) Food production license original, duplicate and copy of the variety list;
   (3) Other materials related to the renewal of food production license matters.
   If you apply for the renewal or change of the food production license at the same time, all the materials required by each application shall be submitted at the same time. The same materials do not need to be submitted repeatedly.
   Article 26 If a food producer terminates food production, the food production license is withdrawn or revoked, or the food production license is revoked, he shall apply for cancellation within 20 working days and submit the following materials:< /div>

   (1) Application for cancellation of food production license;
  (2) The original, copy and variety list of food production license;
   (3) Other materials related to the cancellation of food production licenses.
  Chapter 4 Review and Decision
   Article 27 After accepting the food and food additive license application, the licensing authority shall review the application materials submitted by the applicant and make a licensing decision within the time limit of the legal commitment.
   If it is necessary to verify the substance of the application materials, an on-site verification shall be carried out.
  Article 28 If the application items fall into the following circumstances, on-site verification shall be carried out:
   (1) For the first time applying for a food or food additive production license;
  (2) Application for renewal of food production license;
  (3) Within the validity period of the food production license, the original equipment layout, process flow, and main production equipment and facilities have changed, and the application is changed;
  (4) Reconstruction (expansion) of the production site, or relocation;
   (5) Adding the permission for changes in food categories and food additive categories.
  Article 29 Food producers who apply to reduce the permitted food categories or food varieties after obtaining a license in accordance with the law, and promise in writing to keep the production conditions of the project unchanged and bear corresponding legal liabilities in accordance with the law, may be exempt from on-site inspection.
  If the application is for food packaging, the license applicant should first conduct a self-inspection against relevant requirements. If a written commitment to meet the licensing conditions and bear the corresponding legal responsibilities in accordance with the law, it will be exempt from on-site inspection and inspection reports for trial production products .
   The food packaging project that implements the”Notified Commitment System Permit” is steadily advancing in accordance with the principle of controllable risk, starting with non-ready-to-eat food packaging, and then gradually advancing the ready-to-eat food packaging project according to the implementation.
  Article 30 The on-site inspection shall be subject to a food production license review
   is implemented by qualified inspectors, and the inspectors shall not be less than 2 persons.
  Inspectors shall complete the on-site inspection of the production site within the legally promised time from the day when they accept the on-site inspection task.
  Article 31 The on-site inspection implements the responsibility system of the review team leader. The inspection team leader is responsible for the organization and implementation of on-site inspections, organizes review meetings, fills in on-site inspection forms, prepares on-site inspection records and forms an inspection conclusion. After the applicant has checked, the on-site inspectors, observers and applicant representatives will check the form Sign (or seal) and record.
   If the applicant refuses to sign (or seal) the checklist and record, the checker shall indicate the situation.
   If the applicant applies for multiple food categories at the same time, the verification team shall conduct verification and review of the on-site conditions of different food categories and form verification conclusions respectively.
   Article 32 The on-site inspection of food production licenses shall be implemented in accordance with the requirements of the general rules of food production license review and the relevant food production license review rules. Laws, regulations, rules and food implementation standards have special requirements for the food (food additives) applied for Where there are regulations, they should also be followed.
   Food and food additives for which the State Administration for Market Supervision has not formulated detailed rules for the review of food production licenses shall be subject to on-site inspections in accordance with the general rules for food production license review, food safety standards, or registered enterprise standards.
  Article 33 If the product-related standard requirements marked in the food production license review rules are inconsistent with the current food safety standards and product standards, the current effective food safety standards and product standards shall be implemented.
   Where the requirements of the food production license review rules for factory inspection items are inconsistent with the current food safety standards and product implementation standards, the enterprise shall configure corresponding inspection equipment and facilities to carry out inspections in accordance with the current food safety standards and product implementation standards.
  Article 34 If the following circumstances exist during the on-site inspection, the on-site inspection team may make an inspection conclusion based on the failure to pass the on-site inspection:
  (1) The applicant does not cooperate with the implementation of on-site inspection;
   (2) The main production equipment and facilities cannot operate normally during the on-site inspection (except for force majeure and other objective reasons, etc.);
  (3) The applicant conceals relevant information or provides false materials;
  (4) The on-site inspection cannot be carried out due to subjective reasons of the applicant.
  Article 35 For on-site inspections for the first application for permit issuance, relocation of production sites, or addition of food category change permits, the on-site inspection shall be carried out in accordance with the requirements of the food production process, etc., according to the application for food production Food safety standards and product standards check the inspection qualification reports of trial products.
   For on-site inspections of food additive production licenses, the inspection qualification report of trial-produced products shall be checked according to the characteristics of the food additives, the food safety standards and product standards applied for the production of food additives; those applying for the production of compound food additives shall also Need to check the compound food additive formula.
  Article 36 Food producers who fail to apply for renewal of a food production license obtained in accordance with the law within 30 working days before the expiration of their certificate shall apply in accordance with the requirements of the first food production license. The licensing department Carry out on-site inspections according to the following situations:
   (1) When an enterprise applies for a license and its original”Food Production License” is still within its validity period, it shall carry out on-site inspection of the production license in accordance with the requirements of the license renewal, and shall be exempt from the inspection and declaration of food (food additives) trial production products Inspection report.
   (2) When an enterprise applies for a license, if its original”Food Production License” has expired, it shall carry out on-site inspection according to the requirements of the first food production license issuance, and verify that the declared food (food additive) trial production product is qualified. report.
  Article 37 In the event that the on-site inspection cannot be carried out normally due to force majeure or other objective reasons, the applicant may submit a written application to the review department for the suspension of the licensing procedure, and the suspension time shall not be included in the food production license processing time limit.
  Article 38 Handling procedures
   (1) First application for permit issuance, permit renewal
  The procedures for first application for permit issuance and permit renewal include the following links:application, acceptance, review (including on-site verification), approval, and result issuance.
   Health foods, formula foods for special medical purposes, formula milk powder for infants and young children, supplementary foods for infants and young children, edible salt, etc. approved by the Guangdong Provincial Market Supervision Administration, apply for the printing of the food production license by the Shenzhen Municipal Market Supervision Administration Yes, no on-site verification is required.
  (2) License change
  The procedures for handling changes in food production licenses include the following links:application, acceptance, review (including on-site verification), approval, and result issuance.
   If the applicant declares and promises that the production conditions involved in the changed items have not changed, they can be exempted from on-site inspection; the changed items fall under the relevant circumstances of Article 28 of these Measures or the review department believes that the application for changes may affect food safety If the situation is changed, on-site verification shall be conducted.
  Applying to change items such as health food, formula foods for special medical purposes, formula foods for infants and young children, complementary foods for infants and young children, salt and other items approved by the provincial bureau shall first obtain approval documents from the Guangdong Provincial Market Supervision Administration.
  (3) License cancellation
  The procedures for cancelling food production licenses include the following links:application, acceptance, review, approval, and result issuance.
   (4) Informing the acceptance system permission
  The procedures for implementing the notification and commitment system for licensing matters include the following links:
  Application, acceptance, material review, approval, and result distribution.
   Article 39 If the licensing authority believes that the food production license matters involve public interest and require a hearing, it shall make an announcement to the public and hold a hearing.
   Where a food production license directly involves a significant relationship of interest between the applicant and others, if the applicant or interested parties file a hearing, the licensing authority shall organize the hearing within 20 working days.
  The hearing period is not counted within the administrative license review period.
   Article 40 The licensing authority shall make an administrative licensing decision within 8 working days from the date of acceptance of the application. If the time limit needs to be extended due to special reasons, it may be extended by 5 working days with the approval of the person in charge of the administrative agency, and the applicant shall be informed of the reasons for the extension.
   In the case of disapproval due to non-compliance with the requirements, a written decision and reasons shall be issued, and the applicant shall be informed of the right to apply for administrative reconsideration or file an administrative lawsuit.
   Article 41 If a license applicant has a suspected food safety violation and is filed for investigation, the licensing authority shall immediately suspend the food production license processing procedures, and the suspension time shall not be included in the food production license processing time limit.
  Chapter 5 License Management
   Article 42 The food production license is divided into an original and a duplicate. The validity period is 5 years. The original and duplicate have the same legal effect.
  The electronic certificate and paper certificate of food production license have the same legal effect.
  Article 43 The certificate number and validity period of the license:
   (1) The issuance date of the newly issued food production license is the date when the licensing decision is made. The validity period is calculated from the date the decision is made, and the validity period is 5 years.
   (2) Where the alteration permit is granted to renew the food production license, the certificate number remains unchanged, the date of issue is the date of the alteration permit decision, and the validity period is the same as the original certificate. However, for the application for relocation and replacement of food production license, the certificate number remains unchanged, the validity period is recalculated from the date of issuance, and the validity period is 5 years.
   (3) Due to major changes in the national food safety standards, the national and provincial market supervision and management departments have decided to organize re-inspection and renewed food production licenses. The date of the issuance of the food production license shall be subject to the reapproval date, and the validity period will be renewed Calculated from the date of approval of issuance, the validity period is 5 years.
  (4) If the renewal of the food production license is approved, the license number remains unchanged, and the validity period is calculated from the date of the decision to renew the license, and the validity period is 5 years.
   (5) If the paper food production license needs to be reprinted due to loss or damage, the license number remains unchanged, and the date and validity period of the license are consistent with the original certificate.
   Article 44 The production license of food and food additives does not require annual review and inspection.
  Chapter VI Supplementary Provisions
   Article 45 Producers of food and food additives can only engage in production activities after obtaining the”Food Production License”. Food and food additives produced without a license may not be sold.
   Article 46 The Shenzhen Municipal Market Supervision Administration may adjust the licensing procedures according to the actual conditions of the city, and the specific measures shall be formulated separately and implemented.
   Article 47 No fees shall be charged for the production license of food and food additives.
   Article 48 These measures will be implemented on January 1, 2021, and the original”Measures for the Implementation of Food Production Licenses” (Shenshi Zhi [2016] No. 216) shall be invalidated at the same time.