The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.
Operation Basis
Detailed Rules for the Implementation of Frontier Health and Quarantine Law of the People’s Republic of China, and Measures for Management of Hygiene Supervision of Foods at the Entry and Exit Port
Scope of Application
Units engaging in production and operation of port foods apply to handle the Port Hygiene License
Required Materials
Licensing Conditions
Units engaging in production and operation at the entry-exit port and units engaging in production and operation of port foods that provide foods and drinking water service to entry-exit transportation means shall follow the following conditions:
1. Improved hygiene management systems are in place (including: hygiene keeping and cleaning system, employee health check-up and hygiene knowledge training system, cleaning and disinfection system, purchase acceptance inspection system, foods production and processing operation control, foods storage and transport management, kitchen rubbish and waste edible fat and oil management, vector prevention and control system, etc.)
2. Have the production and operation place and hygiene environment corresponding to the foods production and operation activities
3. Necessary hygiene facilities and equipment configuration
4. The employees engaging in production and operation of foods must have a health certificate as signed and issued by the inspection and quarantine authority or local hygiene department
Application materials
When applying to handle the Port Hygiene License, the units engaging in port foods production and operation must submit the following materials to the inspection and quarantine authority:
1. Application for Hygiene License for Border Port
2. Qualification certificate of the Legal Representative (if absence of the Legal Representative, it is the responsible person or the owner), and qualification certificate of the agent
3. Photocopy of the Business License for Legal Entity and the Tax Registration Certificate; for new enterprises that have not obtained the Business License for Legal Entity and the Tax Registration Certificate, first submit the Notice of Pre-approval of Corporate Name, and make them upon after obtaining the Business License for Legal Entity and the Tax Registration Certificate
4. Certificate relating to legal use of the operation place
5. Name list of the superiors directly responsible for relevant issues
6. Plan on the production and operation place, and production process flow chart
7. Hygiene management systems (like: hygiene keeping and cleaning system, employee health check-up and hygiene knowledge training system, cleaning and disinfection system, purchase acceptance inspection system, foods production and processing operation control, foods storage and transport management, kitchen rubbish and waste edible fat and oil management, vector prevention and control system, etc.)
8. Letter of Commitment of Foods Safety at the Border Port of Shanghai
9. Instructions on employees’ health certificate and hygiene knowledge training
10. Instructions on composition of production raw materials, production equipment materials, hygiene facilities and product packaging materials
11. Foods production enterprises submit the report on hygiene inspection of production water
12. Product hygiene standards, product identification, hygiene inspection results of products, and safety and hygiene control measures
13. Other materials to be provided, as specified by laws, regulations, standards or as required by the inspection and quarantine authority.
Application Process
Examination and Approval Procedures
1. Acceptance
If the application materials have errors that can be corrected at the site, the applicant can be allowed to correct them at the site. If the application materials are incomplete or not in conformity with the legal forms, it is required to notify, at the site or within five days, the applicant of all contents to be made up, or it is deemed accepted from the day upon receipt of the application materials. If the application materials are complete and in conformity with the legal forms, or if the applicant submits all application materials corrected as required by the entry-exit inspection and quarantine authority, it is required to accept the application for administrative license. Regardless whether the entry-exit inspection and quarantine authority accepts the application for administrative license, it is required to issue written evidence affixing the dedicated seal of such authority and indicating the date.
2. Review and Issuance of License
After acceptance of the application, the inspection and quarantine authority shall conduct its review, and carry out the site hygiene license check and quantificational scoring as specified by the State Quality Inspection Administration.
The inspection and quarantine authority shall, within 20 days after acceptance, make its decision on whether the license is given to the applicant (except for the site check time, under which case, the maximum time shall not exceed one month), according to the review of materials and site check and scoring results, and shall, within 10 days from the day upon making decision, grant or issue to the applicant the hygiene license.
3. Change and Extension
(1) Change: within the effective term of the license, if the holder changes the production and operation items, legal person, company name, or moves the factory address, rebuilds or expands and newly builds any project, it is required to make a declaration to the inspection and quarantine authority making the hygiene license decision
In case of change of the foods production and operation place, it is required to re-apply to handle the Hygiene License for Border Port.
(2) Extension: the effective term of the Hygiene License shall be 3 years. If the enterprises obtaining the license need to extend the effective term of the Hygiene License, it is required to file an application to the inspection and quarantine authority within 30 days before expiration of the Hygiene License.
Examination and Approval Period
Except for making the administrative license decision in the field, the inspection and quarantine authority shall, within 20 days from the day when the administrative license application is filed, make the administrative license decision. If the decision cannot be made within 20 days, after approval of the person in charge of the inspection and quarantine authority, 10 days may be extended, and the applicant shall be advised of the reason for extension of the term.
If the inspection and quarantine authority makes its administrative license decision and the hearing, tendering, auction, inspection, testing, quarantine, appraisal and expert review are required according to law, the time for these will not be included. The inspection and quarantine authority shall notify in writing the applicant of the time required.
Charging Standards
Subject to the Measures for Charging of Entry-Exit Inspection and Quarantine (FGJG [2003] No. 2357), RMB30 for each license shall be charged.
Examination and Approval Results
If any administrative license decision is approved for the applicant’s application, it is required to grant or issue to the applicant the hygiene license within 10 days thereafter, and have it disclosed, and people have the right to consult it. If the administrative license decision is not made, it is required to give written reasons, and notify the applicant that it has the right to apply for administrative reconsideration or file the administrative lawsuit.
Application Location and Contact Information
General Service Hall, 1/F, 9 Jilong Road, Pudong New Area, Shanghai
Post Code: 200131
Contact Tel.: 021-58697067, 58697068
Complaint Mode
Shanghai Entry-Exit Inspection and Quarantine Bureau Contact Tel.: 021-38620168
E-mail of Shanghai Entry-Exit Inspection and Quarantine Bureau: shciqweb@shciq.gov.cn
Provided by Lawyers Working Committee of Pudong New Area
