On 6 August 2020, China’s Sate Administration for Market Regulation released the Administrative Measures for Food Operation Licensing (Draft for Comments) on its website, soliciting public comments. The deadline for submitting public comments is 6 September 2020. Compared with the current administrative measures, the major changes are as follows:

1. Implementation of Notification, Commitment and Approval Process
   
   According to the draft for comments, notification, commitment and approval process shall be applied to the following circumstances:
   
   

   (1)	apply for new license for the sales of pre-packaged food only;
   (2)	apply for the change of license (only applied to the situation that there is no change of operation conditions and operation items or the operation items are reduced);
   (3)	apply for the renewal of license (only applied to the situation that there is no change of operation conditions and operation items or the operation items are reduced).

   
   Notification, commitment, and approval process means that the approving authority shall notify the applicant of the approval and documentation requirements and the applicant shall make a commitment to the approving authority when submitting the application. Approval could be issued on the same day that the application is accepted.
   
   
2. Add Items that do not Require License
   
   According to the draft for comments, the following business activities do not require a Food Operation License:
   
   

   (1)	Holders of Food Production License sell their self-produced foods on their premises or through the internet;
   (2)	Selling edible agricultural products;
   (3)	Catering service providers set up dessert station and other affiliated stores near to their main store premises. Foods are distributed by the main store and sold directly without processing.
   (4)	Holders of Food Production License sell foods in temporary premises such as exhibitions, trade fairs, expositions and so on;
   (5)	Medical institutions and medicine retail enterprises sell specific whole-nutrition formula foods for special medical purposes;
   (6)	Other circumstances specified by laws and regulations that do not require food operation license.

   
   
3. Licensing Requirement for Catering Management Companies
   
   According to the draft for comments, catering management companies that operate by means of canteen contracting and provision of services etc. shall apply for and obtain Food Operation License.
     

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