Guide of Action-Food Production License Issuing


Publish Date:2008-12-26

. Legal Basis

.In accordance with Article 2 in “Regulation of the People’s Republic of China on the Administration of Production License for Industrial Products” (Docket No. 440, State Council, 2005), “The state shall implement the system of production license for the enterprises undertaking the production of the following important industrial products: 1. Food of the 28 categories and food-related products; 6. other products subject to the administration of production license as required by laws and administrative regulations in accordance with the provisions of the present Regulation.” In Article 68, “When necessary, the competent authorities of production license for industrial product form provinces, autonomous regions and municipalities directly under the Central Government may take charge of examination and production license issuing for part of the listed products. Specific procedures shall be established by the competent department of the State Council in charge of production license for industrial products. ”

. In “Decisions from State Council on Further Strengthening Food Safety” (No. 23, 2004), “Quality Inspection Authorities shall take charge of supervision of food manufacturing and processing; obligations of sanitation supervision of food manufacturing and processing presently fulfilled by sanitary authorities are distributed to quality inspection authorities.”

. In Article 5 in “Enforcement Regulations on Supervision and Administration of Quality and Safety of Food Manufacturing and Processing Corporations” (For trial implementation, No. 79, 2005, AQSIQ), “China shall enforce market access systems of food quality and safety. An enterprise engaged in food manufacturing and processing shall meet the essential conditions for ensuring food safety, obtain production license for industrial products (food production license) in accordance with stipulated procedures, and release its manufactured and processed food into markets only after qualified examination and placing on them approved QS marks for market access. Enterprises without food production license shall not produce food which is ruled by the State’s production license administration. ” Quality and Technology Supervision Departments at the province level shall legally administrate part of food production licenses and take charge of examination and issuing of license conforming to a unified deployment of the State.

. Requirements for Application

. An enterprise manufacturing and processing food shall be established up to the requirements of laws, administrative laws and relevant polices of the State, have obtained business license, food hygiene license and corporation code certificate (except those who don’t need to have corporation code certificate).

. An enterprise manufacturing and processing food shall have a good environment to ensure food safety.

. An enterprise manufacturing and processing food shall have the manufacturing equipment, testing equipment, technical equipment, and relevant auxiliary equipment to ensure food safety, and have workshops or sites fit in with ensuring food quality for raw material treatment, processing and storage, etc. An enterprise using special techniques such as radiation processing technology on food production shall also conform to the requirements of relevant laws and regulations such as metrology.

. The technical process for food production shall be scientific and reasonable. The manufacturing and processing course shall be strict and standard, preventing from biological, chemical or physical contamination and cross infection between uncooked food and cooked food, between raw materials and semi-manufactured & manufactured food, and between stale food and fresh food, etc.

. The raw materials and additives used by an enterprise manufacturing and processing food shall fit in with the relevant regulations of the state. Inedible materials shall not be used to process food.

. An enterprise manufacturing and processing food shall produce in accordance with the effective product standards. Food quality and safety shall meet with the requirements of laws, regulations and relevant compulsory standards; in case of no compulsory standards, it shall meet with the requirements of the generally directed standards.

. Chief administrators and the man in charge of an enterprise manufacturing and processing food shall understand the relevant laws and regulations on food safety; the food enterprise shall have the professional technicians, experienced workers and quality controllers fit in with food production; the food production workers shall be healthy and have no infections and other diseases which may influence food quality and safety.

. An enterprise manufacturing and processing food shall have the quality test and metrological test means fit in with the produced food. An enterprise shall have the factory test ability; and the test instruments shall be available only after they have been approved.

. An enterprise manufacturing and processing food shall establish a standard system in the whole manufacturing process, implement standardization management, establish a sound enterprise quality management system, carry out the full process quality management from raw material purchase, factory inspection to after-sales service, strengthen quality inspection and strictly refuse the unqualified products.

. The food packaging materials shall be clean without contamination to food. The packaging and labels shall comply with relevant regulations and requirements. If possible the food without individual packaging shall be labeled on its large box when leaving the factory.

xi. The containers, packaging, tools and equipment for food storage, transportation, loading and unloading shall be safe, clean and have no contamination to food.

xii. An enterprise manufacturing and processing food shall comply with the detailed requirements of Examination Rules for various kinds of food.

. Documents for Application

The electronic documents of the following shall be submitted:

. Application Form for Food Production License (in triplet) which can be obtained from the Quality Supervision Desk, Government Center, Sichuan Province or downloading from www.sczj.gov.cn

. Three copies of business license (whose business scope covers the product to be licensed).

. The original Production License and its copy or three copies (enterprises with a replaced license).

. Other documents required by General Examination Principals and Examination Rules of food production license:

1.    Food Production License (copies in triplet)

2.    Corporation Code Certificate (except for corporations who don’t need apply for code certificate) (copies in triplet)

3.    Personal ID card of the man in charge of the enterprise or its legal representatives (copies in triplet)

4.    The layout chart of the enterprise’s manufacturing site (1)

5.    The manufacturing flow sheet of the enterprise (1)

6.    Quality control documents of the enterprise (1)

7.    Standard documents of the enterprise (1) (only for enterprises implementing enterprise standards)

8.    Certificates from HACCP and Sanitation Registration for Exported Food (copies in triplet) (only for enterprises who have obtained them)

. Transaction Procedures

. Application and Acceptance:

1.    The applicant shall obtain Application Form for Food Production License from his city or state’s quality supervision bureau, fill in it as regulated, and submit it to his city or state’s food production license authority. The food production license authority of the city or state’s quality supervision bureau shall review the application documents, reach its conclusion within 2 working days and submit qualified application documents to the province’s food production license authority and notify unqualified applicants to correct their application documents for once only.

2.    Food production license authority at the province level shall examine the submitted documents, and notify acceptance or refusal in written within 3 working days.

3.    The qualified applicant shall pay examination fees at the quality supervision desk of Sichuan government service center and obtain Acceptance Form.

. Examination on the enterprise’s working conditions:

The acceptance departments for food production license (including food production license departments of the city or state’s quality supervision) shall finish site examination on the enterprise’s essential conditions within 20 days after receiving the Acceptance Form.

. Product sampling and Inspecting

1.    For the enterprise with qualified producing conditions, examination institutions shall take out and seal up the samples in accordance with requirements of General Principles for Examination and Examination Rules for licensed products.

2.    The enterprise shall submit the samples to the qualified examination institution designated by the State or Provincial Bureau within 7 working days after the samples are sealed up.

3.    The examination institute shall ensure that product examination meet the Examination Rules and finish examination within 15 days (special required one is excluded).

. Approval and License Issuing

1.    Applying documents examined by the city or state’s food production license department shall be approved in accordance with different classification and the State’s and provincial license issuing requirements.

2.    For approved enterprises, the food examination and approval department of provincial quality supervision bureau shall issue license and deliver it to the applicant within 10 days.

. The entity shall bring his Personal ID card to obtain the transaction result.

. Time Limit for Transaction

. Legal time limit: 60 working days (see Article 24 in Regulation of the People's Republic of China on the Administration of Production License for Industrial Products)

. Committed time limit

1.    55 working days for the General Administration’s examination and approval. (inspection time excluded)

2.   30 working days for the provincial bureau’s examination and approval. (inspection time excluded)

. Time limit for license issuing

The food production license shall be issued and delivered to the applicant within 10 days after the decision of license approval is made by AQSIQ.

. Charging Standards and Basis

. Charging Basis: Notice on Questions of Charge Revision on Production License for Industrial Products (No. 69, Finance 2006) by Financial Department and the National Development and Reform Commission of PRC.

. Charging Standards: the examination fee is RMB 2200 yuan for each unit, and an extra RMB 440 yuan of examination fee will be charged for each added license-required unit under the same category. The charges shall be paid at the charging desk of the bank of the government center. For licenses issued by AQSIQ, the charges will be put into the Central Bureau of Finance; for license issued by Provincial Quality Inspection Institutions, the charges will be put into the provincial bureau of finance.

. Contact

Tel: Provincial Bureau of Quality and Technical Supervision Desk in Provincial Government Service Center: 02886958325

Division of Food Production Supervision & Management, Provincial Bureau of Quality and Technical Supervision::(02886607589

Hotline: Provincial Government Service Center: 02886936179 86936381

Provincial Bureau of Quality and Technical Supervision: (028)86607560

Website: Provincial Government Service Center: www.sczw.gov.cn

Provincial Bureau of Quality and Technical Supervision: www.sczj.gov.cn