Circular of the General Administration of Market Supervision on Accelerating the Reform of Food Licensing

The market supervision and administration bureaus of provinces, autonomous regions and municipalities directly under the Central Government, the Food and Drug Administration and the Food and Drug Administration of Xinjiang Production and Construction Corps:

In order to implement the national deepening of the reform of "releasing control clothes" and transform the spirit of teleconference on government functions, in accordance with the requirements of "Notice of the State Council on Promoting the Reform of"Separation of Certificates"in the whole country" (Guofa [2018], 35), and create a better business environment, I hereby notify the following about accelerating the reform of food business licenses.

I. Main objectives

We will further implement the requirements of the reform of the State Council's "release and control uniforms", further optimize the conditions of food licensing, simplify the licensing process, shorten the time limit of licensing, accelerate the implementation of electronic approval, constantly improve the licensing system, and continuously improve the level of convenience and intelligence of food licensing work on the premise of ensuring food safety.

II. Major Tasks

(1) Pilot implementation of the "notification commitment system". Notification commitment refers to the way in which the applicant submits an application for a food business license, and the supervisory department once informs the applicant of the examination and approval conditions and the materials to be submitted. The application materials submitted by the applicant within the prescribed time are complete and in conformity with the statutory form, and the application materials of written commitment are consistent with the actual situation. The supervisory department may make a written administrative license decision on the spot. In the case of new applications for food business license (limited to pre-packaged food sales), application for change license (no change in limited operating conditions), and application for continuation license (no change in limited operating conditions), pilot implementation of the "notification commitment system" should be carried out. Local governments can expand the scope of implementation of the notification commitment system on the premise of ensuring food safety.

(2) Optimizing licensing matters. Where a catering service operator applies for the sale of beverages and other pre-packaged foods in a dining place, it is not necessary to label sales items on the food business license.

(3) To shorten the time limit for licensing. The time limit for the licensing department to make an administrative licensing decision is shortened to 12 working days from the date of accepting the application. If the extension period is needed for special reasons, it may be extended for 6 working days with the approval of the person in charge of the administrative organ. The applicant shall be informed of the reasons for the extension. The licensing department shall issue the food business license within six working days from the date of making the administrative licensing decision. Conditional provinces (districts and municipalities) are encouraged to further shorten the time limit for licensing review and issuance in accordance with local conditions.

(4) Implementing licensing informatization in an all-round way. All localities should comprehensively implement online processing of licensing applications, acceptance, examination, issuance of certificates and inquiries, and effectively improve the timeliness of online processing. We will accelerate the issuance and use of electronic certificates for food business licenses. Continuously improve the database of food business licenses, and timely open to the public for public inquiry. We will promote the exchange and sharing of information between the food business license database and the database of relevant market entities, obtain online materials such as business license verification, identity certificates of legal representatives or responsible persons, and continuously improve the efficiency of licenses.

III. Requirements for Work

(1) Strengthen organizational leadership. We should carefully sort out the main problems, difficulties and blockages in each link of licensing review, put forward targeted solutions, and implement reform tasks, responsible persons and time limits one by one. We should strengthen the follow-up, understanding and inspection of the progress of the reform of food business license, coordinate and solve the problems arising in the reform in a timely manner, and report major problems to the General Administration of Market Supervision in a timely manner.

(2) Strengthen investigation and research. We should strengthen investigation and Research on new problems and situations found in supervision, especially new formats, new models and new technologies, organize timely assessment of food safety risks and key risk points, explore and formulate pertinent licensing and daily supervision requirements and measures on the principle of inclusiveness and prudence, and strictly control food safety risks.

(3) Standardizing licensing work. It is necessary to further clarify the authority of food business license, strengthen the guidance and training of grass-roots first-line license workers, unify the implementation standards, and refine the requirements for examination. No additional application materials or additional requirements for examination may be added without authorization. We should fully open the process of handling food business licenses, make the whole process open, transparent, traceable and verifiable, and earnestly guarantee the people's right to know, participate and supervise.

(4) Strengthen service guidance. It is necessary to strengthen the pertinent guidance for applicants in handling food business licenses. Local governments are encouraged to actively implement services such as providing samples of application materials and consulting in advance, and the time limit for completion of consulting in advance should be specified.

(5) Strengthen supervision after the event. For food operators who obtain permission by means of informing commitment, supervision and inspection shall be carried out within 30 working days from the date of making the decision of permission, focusing on checking whether the actual situation of food operators conforms to the content of the commitment and whether the operating conditions of food conform to the requirements of food safety. If the actual situation is inconsistent with the promised content, the relevant administrative penalties and information of dishonesty should be strictly dealt with. The relevant administrative penalties and information of dishonesty should be recorded in the name of food operators and made public to the society through the national enterprise credit information publicity system.

General Administration of Market Supervision

9 November 2018