北京市食品卫生许可证发放管理办法
北京市卫生局
北京市食品卫生许可证发放管理办法
北京市卫生局
第一条 依据《中华人民共和国食品卫生法》第二十七条规定，制定本办法。
第二条 凡在本市行政区域内从事食品生产经营的单位和个人（以下统称食品生产经营者）以及从事食品添加剂、营养强化剂、食品容器、包装材料、食品用工具、洗涤剂、消毒剂等食品用产品生产的单位和个人（以下统称食品用产品生产者）必须遵守本办法。
各类食品市场的举办者及市场内各食品摊点也应当遵守本办法。
第三条 市卫生行政部门负责以下食品卫生许可证的审批、发放：
（一）食品生产经营场所建筑面积3000平方米以上的；
（二）三资企业的食品生产经营场所的建筑面积500平方米以上的；
（三）从事食品进出口贸易的；
（四）国务院卫生行政部门规定由省级卫生行政部门审批的。
前款规定外的食品卫生许可证的审批、发放，由所在区、县卫生行政部门负责。
铁路、交通部门的食品卫生许可证的发放，按国务院卫生行政部门会同有关部门的规定办理。
第四条 食品生产经营者凡在不同场所进行生产经营活动，要分别办理食品卫生许可证。
第五条 食品生产经营者和食品用产品生产者的新建、扩建、改建工程的选址和设计应当符合卫生要求，其设计审查和竣工验收必须有卫生行政部门参加，取得建设项目竣工卫生验收认可书后，方可申办食品卫生许可证。
（一）建设项目设计卫生审查认可书申请办法：
向卫生行政部门申报工程设计卫生审查，应当提交以下资料：
1、建设项目卫生审查申请书；
2、工程总平面图、平面布局图和工程设计图；
3、卫生设施配备资料；
4、生产车间的地面、墙壁的结构和构筑材质资料；
5、供水水质和污水、污物排放资料；
6、卫生行政部门认为有必要提供的其他有关资料。
卫生行政部门收到建设项目卫生审查申请书次日起三十日内，由卫生行政部门指定的卫生防疫机构对工程设计进行卫生学评价和提出技术评价报告书后，按有关规定和标准进行现场勘察和完成设计卫生审查，对符合要求的，出具建设项目设计卫生审查认可书；对不符合要求的，出具建
设项目工程设计卫生审查意见书。
规划部门在批准工程设计方案时，应当要求该食品生产经营者、食品用产品生产者提供卫生行政部门出具的工程设计卫生审查认可书。
（二）建设项目竣工卫生审查认可书申请办法：
1、工程竣工后，向卫生行政部门提交工程竣工卫生审查有关资料。
2、卫生行政部门接到工程竣工验收有关资料次日起二十日内依照新、扩、改建工程选址和设计的卫生审批意见，由卫生行政部门对竣工工程进行卫生学评价后，按有关标准进行审查和现场验收，完成工程竣工卫生验收，对符合要求的出具建设项目竣工卫生验收认可书；对不符合要求
的出具建设项目竣工卫生验收意见书。
卫生行政部门对职工食堂、餐馆的建设项目竣工验收，应当在十日内完成。
第六条 从事食品生产经营或食品用产品生产申办食品卫生许可证时，必须符合国家和本市食品行业卫生规范、卫生管理办法和卫生标准的要求。
第七条 食品卫生许可证申请人根据生产经营的方式、内容及场所向卫生行政部门提供下列相应的有关资料：
（一）法定代表人或者生产经营负责人资格证明；
（二）生产经营场地的使用证明；
（三）生产经营场所平面图、生产工艺流程及卫生防护设施；
（四）产品原料、配方、产品包装及其材料、标签说明书、产品样品及产品安全性、稳定性评价资料；
（五）产品质量卫生标准及产品卫生检验报告；
（六）食品生产经营人员健康检查与卫生培训证明资料；
（七）企业卫生管理的组织和制度的资料；
（八）新建、改建、扩建工程的设计审查和竣工验收的卫生审核材料；
（九）卫生行政部门认为有必要提供的其他资料。
第八条 卫生行政部门在收到食品卫生许可证申请表和有关资料之日起七日内作出受理、不受理或限期补充有关材料的决定。
第九条 卫生行政部门受理申请和收到前条规定的有关资料后，按照食品行业卫生规范、卫生管理办法和卫生标准进行审查、填写审查意见书。
第十条 卫生行政部门应当自受理之日起二十日内作出许可、限期改进或不予许可的审批决定。
申请人经过改进后，可以向原审卫生行政部门提出复查申请，卫生行政部门应当在收到复查申请书之日起十五日内作出复审决定。
第十一条 经审查或者复审作出许可决定的，在七日内由卫生行政部门发给食品卫生许可证。
第十二条 卫生行政部门应当确定专人负责食品卫生许可证的登记、整理、归档，并按照下列要求填写食品卫生许可证：
（一）名称栏按申请名称全称填写；
（二）地址栏按生产经营场所的详细地址填写；
（三）生产经营方式按生产、经营、批发、零售、饮食、储运、食堂填写；
（四）生产经营范围按照《北京市食品及食品用产品分类》要求填写，生产企业、饮食、食堂；填写核准的品种；批发、零售、储运单位填写核准的种类；生产经营河豚鱼干、生食水产品等市卫生行政部门规定的特殊食品或从事送餐业的，应当在食品卫生许可证上注明“特殊经营项目
”。
（五）法定代表人或其它负责人栏按核准的姓名和资格证明填写；
（六）食品卫生许可证编号按照《北京市食品卫生许可证编号目录》要求填写；
（七）在街头、夜市、早市、食品展销会、庙会等设摊从事加工、销售食品的单位和个人以及试生产食品、食品用产品的，应当在食品卫生许可证上标明“临时”二字，并用大字注明有效期限。
第十三条 食品生产经营者取得食品卫生许可证后，必须在卫生许可范围内生产经营，不得擅自扩大经营范围、变更经营项目或者经营场所；
第十四条 食品卫生许可证必须标挂在明显位置，亮证经营；
第十五条 食品卫生许可证不得伪造、涂改、转租、出借；
第十六条 遗失食品卫生许可证的，必须及时到原发证机关提交报失说明，并申请补发。
第十七条 食品卫生许可证，由持证单位和个人向原发证的卫生行政部门每年申办复验换证一次。逾期不复验换证的，视为无证。
第十八条 申办复验换证应当符合下列条件：
（一）提交复验换证申请书以及有关资料；
（二）申请名称、法定代表人或其它负责人、生产经营方式和生产经营范围与原核准的内容一致；
（三）生产经营场所、布局、卫生设施符合规定的卫生要求；
（四）生产经营从业人员的健康检查和培训符合规定的要求。
第十九条 临时食品卫生许可证的最长期限为六个月。
逾期需要继续生产经营食品的，应当在期限前15天向原发证的卫生行政部门重新申办。
第二十条 食品生产经营者和食品用产品生产者，变更名称、法定代表人或其它负责人、生产经营的场所、方式或范围时，应当及时到原发证的卫生行政部门提出变更申请，并提交有关资料。
第二十一条 申请复验换证或变更食品卫生许可证，需在原证到期三十日前或变更生产经营行为前三十日前填报申请表，原发证机关自接到申请表后，于次日起三十日内，依据食品行业卫生规范、卫生管理办法和卫生标准完成复验换证或变更审查。对符合要求的，予以换证或变更食品
卫生许可证；对不符合要求的，限期三个月内改进，逾期仍无改进者，不予换证或变更食品卫生许可证。
第二十二条 有下列情况之一的，原发证卫生行政部门可注销其食品卫生许可证：
（一）逾期不申请办理复验换证的；
（二）复验换证时不符合卫生要求，且逾期不改进或改进仍不符合卫生要求的；
（三）自行歇业或停止生产经营连续六个月以上的；
（四）被工商行政管理部门注销或吊销营业执照的。
对被注销、吊销食品卫生许可证的，卫生行政部门应当及时收缴其食品卫生许可证，并登记存档。
因违反食品卫生法律、法规被依法吊销食品卫生许可证的，一年之内不得重新审办。
第二十三条 对违反本办法规定的行为依据《中华人民共和国食品卫生法》、《北京市实施〈中华人民共和国食品卫生法〉办法》和中华人民共和国卫生部《食品卫生行政处罚办法》的有关规定予以处罚。
第二十四条 食品卫生监督管理人员违反本办法规定，对不符合卫生要求的生产经营者发放食品卫生许可证的，对直接责任人给予行政处分；收受贿赂或造成重大事故，涉嫌犯罪的，移交司法机关进行处理。
第二十六条 食品卫生许可证及有关食品卫生许可证的申办文书表格由市卫生行政部门统一印制。
第二十七条 本办法由北京市卫生局解释。
第二十八条 本办法自公布之日起施行。原1991年8月14日颁布的《北京市食品生产经营者〈卫生许可证发放工作程序〉》和1996年2月29日颁布的《北京市食品卫生许可证发放管理办法》同时废止。
1998年11月6日
The Draft Constitution and Human Rights Protection in European Union
周大勇 (Zhou,Dayong)
1 the general introduction of the draft constitution in aspect of the human rights
2 short review of the human rights protection in European Union
3 the new points in aspect of human rights in the draft constitution
3.1 common values
3.2 incorporation of the Charter of fundamental rights
3.3 other changes could affect the human rights
4 arisen questions
4.1 the protection different from under the Convention
4.2 the two courts system and its application
5 conclusions in a historical view
1 general introduction of the draft constitution in aspect of the human rights
“Conscious that Europe is a continent that has brought forth civilization; That its inhabitants, arriving in successive waves from earliest times, have gradually developed the values underlying humanism: equality of persons, freedom, respect for reason” Extract from the preamble to the draft Constitution
In past 16 years, the European Union (EU hereafter) has marked itself through a series of changes. From The Single European Act, in which the Union committed itself to create a single market and at the same time establish on its territory the freedom of movement of people, goods, services as well as capital, to Maastricht Treaty, which brought the Union into reality and led to common foreign policy and cooperation in the area of justice and internal affairs as a higher level cooperation among Member States. Then the following Amsterdam (1997) and Nice (2001) Treaties, strengthened cooperation in foreign and security policy and placed Justice and Home Affairs matters and established the frame for the Union as a legitimate institution, in which people from different nations integrated in a large region would have common historical direction and splendid future before them. Just before the door of enlargement of the Union, it was argued that the Union has to improve democracy and transparency as well as efficiency, in order to outlines the EU’s purpose and competence clearly and streamline structures so as to prevent paralysis, therefore a new constitution for the Union is determined to replace the EU's series of key treaties in passed over the last 50 years as a single document .
Under leading of former French President and master draftsman Valéry Giscard d'Estaing, the European Convention set about its work of drafting the European Union's first ever full-fledged constitution. With the convention's work completed, the draft must now be finalized by an Intergovernmental Conference of European leaders that is expected to complete deliberations by the end of the 2003. As far as our topic is concerned, noticeably modifications come out in the constitution contract, first of all, the incorporation of the Charter of Fundamental Rights, which we will discuss later. In the beginning it is meaningful to consider the statues of the draft constitution in the progress course of the Union. The Union desires to bring peace and prosperity, to promote economic and social progress through continuously integrating market and expanding freedom under light of united institution and social systems . These goals, however, are the foundation of development and protection of human rights . That means, if we regard human rights as a series right which realized at first in peaceful and law-ruling society, then the Union has already kept on entrenching to appreciate these goal from beginning on, and now by means of perusing such goal in a larger region through enlargement, the EU’s influence extent to broader area and more people.
The draft constitution then in such context should be viewed as another historical phase in the process. Because the promoting of well-being and fortune of people depend not only on the development of economic situation and adding some single freedom clauses into the governmental documents, but also upon the entire politic system and background in which we live. Without governing based on democratic and effective institutional structure, and especially a ripe legislation and judiciary mechanism, the realization and protection of human rights could only be on the paper. This is also one of the motive caused the Declaration on the future of the European Union which committed the Union to becoming more democratic, more transparent and effective, in order to pave the way for a Constitution in response to the expectations of the people of Europe . In this perspective, one shall recognize the Constitution as a moving forward step of the whole EU institutionalization targeting its goal, so that to discuss the Constitution in connection with the human right protection, it is helpful to review the human rights protection in Europe and, especially in EU.
2 short review of the human rights protection in European Union
The protection of human rights has been internationally come to life in the Universal Declaration of Human Rights in 1948 (UDHR) with reorganization of disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind and respect for inherent dignity as well as the equal rights of all members of the human. This declaration states explicitly that the rights and freedoms of humans have to be guaranteed without distinction and destruction by any group, state or person. These principles were broadly accepted by European countries, considering the origin of the EU (EC) and the historical separation in Europe after WWII, we denote only the contracting countries of European Community.
For the Member States of EC, the Council of Europe has been up to now the most important instrument, which established in 1949 as a result of the Congress of Europe in The Hague , and took for the basic of the human rights protection. The Council accepted the principles of Universal Declaration of Human Rights and integrated it into The European Convention for the Protection of Human Rights (the Convention hereafter), which and its 12 Protocols turned out to be the significant resource for Human Rights protection in Europe. Because of the existence of the Convention, the other two organizations established in the same age aftermath of the Second World War, i.e. OEEC and the European Communities didn’t include relevant clauses for Human Rights protection into their founding treaties. Since it was agreed at that time, the Council of Europe would focus on the protection of human rights, fundamental freedoms and democratic values, whereas the OECD and the European Communities were to be concerned with the economic restoration of Europe. The reason of separate organizations was based on a view to avoiding economic excuses for future inhumanity. Another reason came from the thought, which believed that the process of economic integration set forth in the Community Treaties could not lead to a violation of human rights. Furthermore, the original Member States in the Treaty of Rome feared, that the inclusion of a "bill of rights" in the Treaty might have brought about an undesirable expansion of Community powers, since it could lead Community institutions to interpret their powers as extending to anything not explicitly prohibited by the enumerated guarantees.
Under the regime of Council of Europe, a lots of achievement of human rights improvement has been reached , yet along with the development and expansion of EU, another mechanism on protection of human rights which does not totally rely on the Council of Europe has derived out on one hand, on the other hand being lack of provisions ruling human rights protection in the Treaty establishing EC did not prevent the EC and the later European Union from providing care for the protection against the violations on human rights. Naturally, how could a swelling supranational organization as EC, which has been continually strengthening its power in all social aspects, does not involve in human rights issues especially when the consciousness of human rights nowadays become more significant both in international and national stages? Regarding to EU, The protection system has been formed in three aspects.
First of all, the legislation in the Member States of EU. Since there were no Member States of EU (EC) which accedes to the Community without being a member of the Council of Europe, and according to the Convention, it impose obligations on the Member States that they should ensure that the internal laws and practices comply with the human rights standards set out in the instruments. Very member states in EU have recognize the principles derived from the Convention and incorporated them somehow into national laws, most importantly, provided constitutive protection as the basic legal resource for human rights protection. For example in Germany, Basic Law (Grundgesetz) Art 1 to 19 deliver explicit provisions even beyond the Convention; the same case as Part VIII (§71-85) in Constitution of Denmark ; in Britain the Act of Human Rights came into force on 2 October 2000 steers extending a ways, in which the Convention can be used before domestic courts. Certainly, according to the classic human rights lessons, the basic protection of human rights could only be afforded at the national level through national legislation and excise of authoritative power.
Secondly, the institutions and legislation at the EU level acts also with high respect to the human rights protection. The EU has showed its commitment to human rights and fundamental freedoms and has explicitly confirmed the EU's attachment to fundamental social rights ever since its establishment.
The Amsterdam Treaty established procedures intended to secure their protection. It was ascertained, as a general principle, that the European Union should respect human rights and fundamental freedoms, upon which the Union is founded. For the first time a procedure is introduced, according to which severe and continuing violations of Fundamental Rights can lead to suspension of voting and other rights of a member state, if the Union determined the existence of a serious and persistent breach of these principles by that Member State. As to the Candidate countries, they should also respect these principles to join the Union. Furthermore, It has also given the European Court of Justice the power to ensure respect of fundamental rights and freedoms by the European institutions. In accordance with the inner requirement for the implementation of development cooperation operations, in order to reach objective of developing and consolidating democracy, EU also need its rule respecting for human rights. Such cases we have are for instance the EU Council’s regulation on human rights, Council Regulation (EC) No 975/199 and Council Regulation (EC) No 976/1999 for example, are aimed at providing technical and financial aid for operations to promote and protect of civil and political rights as well as economic, social and cultural rights etc.
Likewise, at their meeting in Cologne in June 1999, EU leaders declared that in respect to the current stage of progress of the European Union, the fundamental rights applicable at Union level should be pushed forward, namely be consolidated in a Charter and thereby made more evident. They argued, that the legal resources of human rights protection come from not only the European Convention of Human Right, but also from various international conventions drawn up by the Council of Europe as well as the United Nations and the International Labor Organization, they also include EU treaties themselves and from the case law of the European Court of Justice. As a result, a Charter of Fundamental Rights of the European Union (the Charter hereinafter) was sketch out, which highlighted the EU’s respect for human rights, for fundamental freedoms and for the principle of democracy through listing more rights a more precise definition of the common values comparing the early documents including the Convention. We will continue to concentrate on the Charter in point 3 since it has been integrated in the draft Constitution as an outstanding achievement.
Finally, the opinion and case-law of European Court of Justice (ECJ hereafter) also have immense impact on the establishment of the instrument of human rights protection within EU.
Although the jurisprudence developed by the ECJ recognizes the Convention as the standard-setter in cases in which the Court has to consider and decide a human rights issue, since there were no relevant legislation existed in the frame of the Community, the ECJ furnish itself power in this aspect by means of case-law. Earlier in 1974, the ECJ first made reference to the ECHR in the Nold judgment, in which the ECJ emphasized its commitment to fundamental human rights based on the constitutional traditions of the Member States’ fundamental rights form an integral part of the general principles of law which the Court enforces. In assuring the protection of such rights, the Court is required to base itself on the constitutional traditions common to the Member States and therefore could not allow measures, which are incompatible with the fundamental rights recognized and guaranteed by the constitutions of such States. The ECJ declared, that the international treaties on the protection of human rights in which the Member States have cooperated or to which they have adhered could also supply indications which may be taken into account within the framework of Community law.
That implied, even without clear regulations in the treaties, the remedy against violation on human rights could also be provided within the framework of the Community in respect for the common traditions applied to the Member States, and in connection with we have mentioned about the Member States’ above, the principles and resource applied to the Member States derived from the Council of Europe. Thus a EU standard could be established by transform a rating comparison of the members’ legal systems to the case-law in ECJ in respect for human rights.
