In order to implement the newly amended Food Safety Law on April 29^th, 2021 and the reform requirements of the "separation of license and certificate", combined with the pilot experience and practices of the Pilot Free Trade Zone, the State Administration for Market Regulation announced the following issues relating to the record-filing for only-sales of prepackaged foods on November 29^th, 2021.

1. When registering market entity, food operators engaged in the only-sales of prepackaged foods should synchronously submit the “Record-filing Information Collection Form for Operators Engaged in Only-sales of Prepackaged Foods” together with the record-filing.

2. Market entities currently holding a business license to engage in the only-sales of prepackaged foods, should complete the record-filing before the sales activities. Market entities that have obtained the food operation permit, do not have to apply for the record-filing before the expiration of the permit.

3. Food operators engaged in the only-sales of prepackaged foods should have operational conditions appropriate to the variety and quantity of food sold. Generally, different market entities should not use the same premise to engage in the only-sales of prepackaged foods.

4. If the recorded information changes, the “Record-filing Information Change Form for Operators Engaged in Only-sales of Prepackaged Foods” should be submitted to the market regulation department within 15 working days from the date of the change for registration.

5. If the operation is terminated, the cancellation registration should be filed to the original market regulation department within 15 working days from the date of the termination of operation. For food operators whose qualifications are terminated by law or there are other circumstances that should be cancelled and not cancelled, the market regulation department can handle the cancellation record-filing on an ex officio basis.

6. Food operators engaged in the only-sales of prepackaged foods should strictly implement the responsibility of food safety, establish and improve the rules and regulations to ensure food safety, and regularly conduct self-inspection. If the sales are through the Internet, relevant recorded information as the name of its food operator, business location address and filing number should be prominently displayed on the main page of its operation.

7. The record-filing for only-sales of prepackaged foods should be included in the scope of "multi-certification-in-one", and to implement the filing number management. If the content filled in is incomplete or not standardized, the contents and requirements for additional amendments should be informed on a one-time basis. If relevant permit applications have been accepted, the approval process should be terminated and transferred to the record-filing.

8. Recorded information should be pushed by local market regulation departments to the “National Enterprise Credit Information Publicity System” for public inquiry in a timely manner.

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Mr. Mike Chang (Partner)

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Email: mikechang@shanghaiinvest.com