Food operation license is an important system for the state to implement market access and standardize food business activities. As an important part of food safety work, it is not only designed to avoid food safety risks, but also to provide basic information for the follow-up supervision work. With the social progress and the improvement of laws and regulations, China's food management has experienced eras of hygiene license, food circulation license, catering service license and food operation license.

1. Hygiene license

Adopted at the Session of the Standing Committee of the Eighth National People's Congress in 1995 (abolished on June 1 in 2009 thereafter), the“Food Hygiene Law of the People's Republic of China” was enacted to ensure food hygiene, prevent food contamination and harmful factors from harming human health,and protect people's health and strengthen people's physique. According to this law, food production and operation enterprises and food stalls must obtain the hygiene license issued by the Public Health Administrative Department before apply to the administrative department of industry and commerce for registration. Food enterprises and stalls without hygiene licenses were prohibited from engaging in food production and marketing activities. Food Producers and Operators were prohibited from forging, altering or lending hygiene licenses. Administrative measures for the issuance of hygiene licenses was formulated by the Public Health Administrative Departments  of provinces, autonomous regions and municipalities directly under the Central Government.

In 2005, the former Ministry of Health issued the "Measures for the Administration of Food Hygiene License” (abolished on June 7, 2018 thereafter). The normative document stipulated that any unit or individual engaged in food production and operation activities shall report to the Public Health Administrative Department and go through the application procedures for the hygiene license. They may engage in food production and marketing activities only after approval, and should take the responsibility of food hygiene for food production and marketing at the same time.

2. Food circulation license and catering service license

In 2009, the“Food Safety Law of the People's Republic of China”was promulgated and implemented, and the “Food Hygiene Law of the People's Republic of China” was repealed. According to the Food Safety Law, food sales and catering service were referred to as food operation; those engaged in the food circulation shall obtain food circulation license and those engaged in food service shall obtain food service license; food producers who have obtained the food production license do not need to obtain food distribution license to sell the food they produced at their production sites; food catering service provider with catering service license does not need to obtain food production or circulation license to sell the food they produced or processed in their catering service premises.

In 2009, the former State Administration for Industry and Commerce issued the“Administrative Measures for Food Circulation License” (abolished on November 10, 2015), which mainly stipulated the application acceptance, examination and approval of food circulation license, as well as relevant supervision and inspection. The food circulation license is issued by the former Department of Industry and Commerce. Before October 23, 2014, the State Council stipulated that the food operators must adhere to the license (food circulation license or catering service license) before the business license, food operators shouldn’t go through the registration formalities without obtaining the pre-approval documents. On October 23, 2014, the State Council passed the Decision of the State Council on relevant issues such as canceling and adjusting a batch of administrative approval items, etc. (No. 50, 2014 of the State Council), changing to post-approval for food operators which stipulated that food business operators must obtain business license at first.

In 2010, the former Ministry of Health issued“Administrative Measures for the Licensing of Catering Services” (abolished on May 1,2022). This regulation applied to the units and individuals engaged in catering businesses (not include food peddlers or the units and individuals offering semi-finished food products to catering service providers. Catering service providers should obtain Catering Service License and take  responsibilities for food safety during catering services. The units providing collective catering services were subject to the catering service license management. The catering service license was issued and managed by former Food and Drug Supervision and Administration Department.

3. Food operation license

In 2015, the former China Food and Drug Administration issued and implemented the“Measures for Administration of Food Operation License”. In China, those engaged in food sales and catering service activities should obtain food operation licenses in accordance with the regulation. The food circulation license and the catering service license were merged into the food operation license.

In 2017, the“Measures for Administration of Food Operation License” were revised and it was clear that the e-certificate of food operation license produced by the market supervision department has the same legal effect as the printed food operation license.

In 2018,“Notice of the State Administration for Market Regulation on Accelerating the Reform of Food Operation License” proposed pilot implementation of "Notification and Commitment System". The notice required all regions to implement the "Notification and Commitment System" on a pilot basis for new applications for food operation license (only for prepackaged food sales), applications for change of license (no change in business conditions), and applications for extension of license (no change in business conditions). For the catering service operators who apply for the sales of drinks and other prepackaged food in the dining places, it was not necessary to mark the sales items on the food operation license.

In 2020,the Guiding Opinions of the General Office of the State Council on the Full Implementation of the Notification and Commitment System for Certification Matters and Enterprise Business License Matters, stipulated that the applicant shall make a commitment on the compliance with the licensing conditions for the operation licensing matters related to enterprises, and implement the notification commitment system if the behavior not meeting the licensing conditions can be corrected and risks can be effectively prevented through in-process and post event supervision.

In 2021, the“Food Safety Law of the People's Republic of China” was amended for the second time, and it was clear that for units selling pre-packaged food only, it is sufficient to report to the food safety supervision and administration department of the local people's government at or above the county level for the record, and no longer need to obtain the food operation license. In December of the same year, the State Administration for Market Regulation issued the “Announcement of State Administration for Market Regulation about Matters Concerning the Filing of the Sale of Pre-packaged Foods Only”, which made detailed provisions on the matters related to the sale of pre-packaged foods only.

Epilogue

In China, those engaged in food sales and catering services, must obtain a food operation license according to law. At present, the electronic certificate of the food operation license has the same effect as the paper certificate.The food operation approval shall be subject to the "one site one license" principle, namely, a food operator should obtain one food operation license for food operation in each operation premise.

In recent years, the implementation of the notification and commitment system for enterprise licensing matters, the file system for only selling pre-packaged food, the simplification of administrative examination and approval, and the strengthening of in-process supervision, reflects that the state keeps deepening the reform of "Simple administration, decentralization and optimization of service" in the supervision of food management, so as to better serve the market entities.