1. Drafting background
According to the relevant provisions of the Food Safety Law, adopted at the 26th meeting of the Standing Committee of the 12th Hunan Provincial People’s Congress on December 2, 2016 The Regulations on the Management of Small Catering and Food Vendors in Food Processing Workshops and Food Vendors in Hunan Province will come into effect on January 1, 2017. In March 2017, the former Hunan Provincial Food and Drug Administration issued the”Hunan Province Small Catering Business License and Food Vendor Registration Management Measures (Trial)” (hereinafter referred to as the”Trial Measures”) to guide and regulate the province’s small restaurants and food vendors Orderly operation has played an important role in ensuring food safety. As of the end of October 2020, Hunan Province has obtained 153,000 small catering business licenses. The rapid development of the small and micro economy is of great significance for promoting employment, expanding consumption, serving to improve people’s livelihood, and satisfying the people’s yearning for a better life.
The Party Central Committee and the State Council attach great importance to the reform of “delegating power, delegating power, and delegating power,” and continuously optimizing the business environment. On May 9, 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” was released. On October 11, 2019, the newly revised”Regulations on the Implementation of the Food Safety Law of the People’s Republic of China” was officially released and implemented. The”four most stringent” requirements have strengthened the responsibility for territorial management of food safety and put forward new requirements for the healthy and orderly development of the food industry. Especially with the outbreak of this year’s epidemic, the central government requires that the “six stability” work be done in a solid manner, the “six guarantees” task should be fully implemented, and the small and micro economy and the market economy will be fully promoted to promote the healthy and orderly development of the economy.
According to the requirements of the Regulations on Administrative Procedures of Hunan Province, the validity period of the regulatory documents marked”Trial” is two years, and the trial period of the current trial measures has expired. With the deepening of the reform of decentralization, regulation and service, optimization of the business environment and the work requirements of the”six stability and six guarantees”, the trial measures can no longer meet the current work needs. In order to further improve the small restaurant business license and food vendor registration, and effectively solve the daily licensing work at the grassroots level, the Hunan Provincial Market Supervision Administration drafted the”Hunan Province Small Restaurant Business License and Food Vendor Registration after thorough research, in-depth investigation, and special discussions. Management Measures” (hereinafter referred to as”Management Measures”).
2. Main content
Management Measures consists of 7 chapters and 42 articles. Chapter 1 General Provisions, a total of 8 articles, mainly include legislative purposes, scope of application, definitions of small restaurants and food vendors, and the scope of department responsibilities. Chapter 2 Small Catering Business Permit Application and Acceptance, a total of 5 articles, mainly stipulate the materials, site conditions and requirements for the small catering license application. Chapter III Review and Decision of Small Catering Business License, a total of 7 articles, mainly including the relevant requirements and procedures of the review, as well as the content of the applicant’s rights and interests. Chapter 4 Small Catering Business License Management, 4 articles, mainly including provisions and requirements for small food business license licensing items. Chapter 5 Small Catering Business License Modification, Renewal, Reissuance and Cancellation, a total of 11 articles, mainly stipulates the circumstances, data requirements, and procedures for the modification, renewal, reissuance and cancellation of the Small Catering Business License. Chapter VI Food Vendor Registration and Management has 3 articles, mainly including the relevant information, age limit, registration certificate numbering rules, and business specification requirements of the food vendor license. Chapter VII Supplementary Provisions, a total of 4 articles, mainly stipulate the definitions of relevant terms in the Measures, the basis for the relevant provisions in the Measures, etc.
3. Main revised content and description
(1) Simplify small restaurant permit application materials
First, when applying for a new small restaurant business license, if the business license or other subject qualification certificates can be verified online, the certification department shall conduct verification. Provide a copy again. The second is that the equipment layout and sanitation facility description can be provided by means of pictures. The third is that when a lost permit is reissued, a loss statement can be submitted to replace the original loss announcement, further reducing the applicant’s burden.
(2) Compressing the time limit for small restaurant business license processing
In accordance with the requirements of the State Council for optimizing the business environment, the management measures reduce the time limit for small restaurant business licenses. The time limit for the licensing department to make administrative licensing decisions is reduced from 10 working days to 7 working days, and the time limit for the licensing department to issue small catering business licenses is compressed from 10 working days to 5 working days.
(3) Implementation of a partial license notification commitment system
clarifies that there is no change in the operating conditions of small restaurants or the renewal of licenses. The notification and commitment system is implemented, that is, the application materials submitted by small restaurant operators are complete, It complies with the legal form and promises that the on-site operating conditions have not changed. Law enforcement officers will no longer conduct on-site inspections and issue small catering business licenses to the applicant on the spot.
(4) Strengthen convenience service projects
The management method is clear. Units that have obtained a small restaurant business license can provide pre-packaged food sales services such as beverages and beverages, which provides convenience for small restaurant operators.
(5) Adjust the scope of small catering business
self-brewing business is highly risky and difficult to supervise. Learning from the practices of other provinces, adding “self-brewing” to the prohibited business items to reduce small catering Food safety risks; in the production and sales of cold foods, a new item of”production and sales of cold foods containing only plant-based foods” (such as cucumbers, cold bean shoots, etc.) has been added. This project only requires a dedicated processing place, which is more suitable The status quo of small catering operations.
(6) Improve the small restaurant business license cancellation mechanism
In accordance with the work requirements of the State Council to deepen the reform of decentralization, regulation and service, and optimize the business environment, in order to improve the convenience of deregistration of small restaurants, refer to the Food Business License of the State Administration for Market Regulation Regulations (Draft for Solicitation of Opinions)” added that if small catering operators no longer engage in food business activities and have not gone through the cancellation procedures, the market supervision department will cancel the procedures according to their powers, so that the grassroots supervision departments can clean up”zombie households” in a timely manner. , Which aims to improve the consistency of license data with actual operating conditions.
Related reports:Hunan Provincial Market Supervision Administration Regarding Printing and Distributing”Hunan Province Small Catering Business License and Vendor Registration Notice of”Administrative Measures” (Xiang City Jianshi  No. 206) (No.)