Viewpoint: How to distinguish between edible agricultural products and food?

It is not necessary to obtain a food circulation permit to operate edible agricultural products
.
According to the second paragraph of Article 2 of the Food Safety Law (2009 Edition), the quality and safety management of primary agricultural-derived products for consumption shall comply with the provisions of the Agricultural Product Quality and Safety Law, while the Agricultural Product Quality and Safety Law There is no prescribed licensing system for the production and operation of edible agricultural products
.
Therefore, it is not necessary to apply for food circulation permits when operating edible agricultural products
.

 
Three issues should be paid attention to when distinguishing food from edible agricultural products: firstly, whether it has undergone processing outside the agricultural production link and harvesting link; secondly, whether it is required to apply for a hygiene license before the implementation of the Food Safety Law; thirdly, whether it is included in industrial production License directory
.
In other words, if the food undergoes certain processing, requires a sanitary license, and is included in the catalog of industrial production licenses, it is not an edible agricultural product
.
The supervision of the quality of edible agricultural products by the industrial and commercial departments shall be carried out in accordance with the division of responsibilities stipulated in the "Agricultural Product Quality and Safety Law"
.

 
What is the punishment for leasing the counters in shopping malls or supermarkets to operate food without obtaining a food business license? Can shopping malls and supermarkets be punished at the same time?
 
Zhang Jian'an, Director of the Legal Affairs Division of Tianjin Administration for Industry and Commerce, answered:
 
(1) When investigating such cases, you should first look at the name of the operator who issues the invoice to the consumer
.

 
(2) Business operators who have not obtained a license to engage in food business shall be punished in accordance with Article 84 of the Food Safety Law
.
At the same time, in accordance with Article 52 of the Food Safety Law, operators of centralized trading markets, counter lessors, and fair organizers should review the permits of food operators who enter the market and specify the requirements of the food operators who enter the market.
Responsibility for food safety management, regular inspections of the business environment and conditions of the food business operators who enter the premises.
If a food business operator is found to have violated the regulations, it should be stopped in a timely manner and reported to the local county-level industrial and commercial department or food and drug regulatory department immediately
.
Organizers of centralized trading markets, counter lessors, and fair organizers shall bear joint and several liability if they fail to perform the obligations specified in the preceding paragraph and cause food safety incidents
.
If the organizer of the centralized trading market, the lessor of the counter, and the organizer of the fair violate the relevant regulations, allow food operators without a license to enter the market to sell food, or fail to perform inspections, reporting and other obligations, they shall comply with the provisions of Articles of the Food Safety Law.
Article 90 stipulates that relevant departments shall impose penalties
.