What is the production license system?

Expert opinion Liu (Director of the Regulation Department of the General Administration of Quality Supervision, Inspection and Quarantine) implements the production license system as a means for government departments to use administrative examination and approval to manage important industrial products that may endanger human health and personal and property safety, and affect the national economy and people's livelihood, ecological environment and public safety. On the one hand, through the examination of the necessary conditions of production enterprises and the sampling inspection of product quality, production licenses are issued to qualified enterprises; On the other hand, through administrative law enforcement, we will crack down on illegal activities such as producing and selling unlicensed products and producing certified unqualified products according to law, ensure product quality from the source, and protect the interests of the state, enterprises and the people. At the same time, combined with the basic national conditions of China's primary stage of socialism, the needs of Socialism with Chinese characteristics's market economy and the new situation and requirements of China's accession to the WTO, the revised regulations fully reflect the positive role of government departments in serving enterprises and creating a fair and orderly market competition environment. First of all, ensuring the quality and safety of important industrial products is the need to safeguard public safety and enhance the construction of ruling ability. The production license system is an administrative examination and approval system to ensure the quality and safety of important industrial products that are related to human health and personal property safety, the national economy and people's livelihood, and strongly reflected by the people. By implementing the production license system, we can ensure the production conditions of enterprises and curb the production of fake and shoddy products from the source. Improve the quality and safety level of China's important industrial products, thus effectively ensuring social security, maintaining social stability and enhancing the ruling ability of the party and the government. Second, ensuring the quality and safety of important industrial products is the need to implement the national industrial policy and Scientific Outlook on Development. Through the implementation of the production license system, it is forbidden to produce products that are explicitly eliminated and invested by the state, eliminate backward technologies, prevent high energy consumption, high pollution and high waste of resources, and take the road of new industrialization and circular economy development, which embodies the important role of quality inspection in serving the overall situation of economic construction and promoting healthy and coordinated economic development. Third, ensuring the quality and safety of important industrial products is the need to protect the interests of consumers and build a harmonious society. People-oriented and benefiting the people is the fundamental purpose of the Regulations. Improving product quality and safety, effectively protecting consumers' life and health and property safety, reducing all kinds of social contradictions caused by product quality and safety, and maintaining social stability and harmony are one of the themes of building a well-off society in an all-round way and an important task of building a harmonious society. Fourth, ensuring the quality and safety of important industrial products is the need to govern according to law and comprehensively improve the quality inspection efficiency. The promulgation of the "Regulations" marks that the production license has embarked on a standardized, institutionalized, legal and scientific development track, marking that this work has entered a brand-new development stage. It provides a reliable legal basis for our supervision of important industrial products and lays a solid foundation for comprehensively improving the effectiveness of quality inspection. Ji (Director of the Product Quality Supervision Department of the General Administration of Quality Supervision, Inspection and Quarantine) "Regulations" clearly define three objectives of implementing the production license system: First, the production license work must be people-oriented and ensure the life, health and safety of the broad masses of people. First of all, we should regard food as an important part of production license, and unswervingly establish and improve the market access system for food quality and safety through the implementation of food production license. At the same time, it is necessary to strengthen the certification of electric blankets, pressure cookers, gas water heaters and other products that may endanger personal and property safety, as well as dangerous chemicals and products that guarantee labor safety. In particular, the consumption level and level of farmers in China are generally low, and they lack basic knowledge to identify product quality. It is necessary to further tighten the production license management of agricultural products such as water pumps, motor threshers, internal combustion engines, chemical fertilizers, pesticides, feed mills and cotton processing machinery, severely crack down on illegal activities in producing fake and shoddy agricultural products, protect the rights and interests of farmers and consumers, and serve agricultural production and rural social development. Second, the work of production license must serve macro-control, promote sustainable economic and social development, and vigorously promote the construction of a harmonious society in accordance with the requirements of implementing Scientific Outlook on Development. At present, low-level redundant construction and blind investment still exist in China's economic construction, and the phenomenon of polluting the environment and wasting resources is very prominent. Production licensing work should actively cooperate with the implementation of national industrial policies, rely on compulsory means of administrative licensing, set scientific and reasonable production technical requirements, vigorously support the promotion of advanced technical equipment and products that are energy-saving, consumption-reducing, water-saving and environmental-friendly, and forcibly eliminate backward production capacity and processes with high energy consumption, high pollution and low quality, such as hot-rolled ribbed steel bars, cement and aluminum profiles, and strive to improve the overall productivity level of the industry and promote healthy, orderly and sustainable development. At the same time, it is necessary to strengthen the certification of fiscal cash registers, money detectors, radio satellite launching equipment, satellite ground receiving equipment and other products related to national financial and information security, safeguard China's social stability and national security, and promote the construction of a harmonious socialist society. Third, production license work must keep pace with the times and always focus on national economic construction. Production licensing work should always take the service of economic construction and social development as the starting point, and at any time and under any circumstances, production licensing work should always be integrated into the overall work of the party and the state. To this end, it is necessary to implement dynamic management of the catalogue of products that have obtained production licenses, and firmly grasp the five major safety products involving food safety, personal and property safety, financial communication safety, labor production safety and public safety in accordance with the requirements of the national industrial policy and the provisions of the Regulations. Where the quality and safety of products can be effectively guaranteed through consumer self-judgment, enterprise self-discipline, market competition, evaluation by industry organizations or intermediaries, production license management is not implemented, and the relationship between production license and special equipment management and compulsory product certification is properly handled. This is the legislative purpose of the Regulations and an important direction to guide the continuous development of production licenses. Question 1: Which enterprises must implement the production license system? A: According to the adjustment of the national industrial structure and the constant change of industrial policies, the product range of the production license has been adjusted many times. It is clearly pointed out in the Regulations that the state implements the industrial production license system for six important industrial products: first, dairy products, meat products, beverages, rice, noodles, edible oil, alcohol and other processed foods directly related to human health; Second, electric blankets, pressure cookers, gas water heaters and other products that may endanger personal and property safety; Third, products related to financial security and communication quality and safety, such as tax-controlled cash registers, anti-counterfeiting money detectors, satellite TV broadcasting ground receiving equipment, wireless radio and television transmitting equipment, etc. Fourth, safety nets, safety helmets, building fasteners and other products to ensure labor safety; Fifth, power towers, bridge bearings, railway industrial products, hydraulic metal structures, dangerous chemicals and their packages, containers and other products that affect production safety and public safety; Sixth, other products that are subject to production license management according to laws and administrative regulations. It should be emphasized that the product catalogue in the regulations adopts the enumeration method. For example, rice, flour, edible oil, alcohol and other processed foods. In the first item, it does not mean that only the listed products are licensed, but the processed food is licensed. There are actually 28 categories and 525 kinds of processed foods. In addition, the catalogue is not fixed, and it will be dynamically managed according to the provisions of the Regulations, that is, timely evaluation, adjustment and gradual reduction. Question 2: What conditions must an enterprise meet to obtain a production license? A: According to the regulations, an enterprise must meet seven conditions to obtain a production license: first, it must have a business license; Second, there are professional and technical personnel suitable for the products produced; Third, there are production conditions and inspection and quarantine means suitable for the products produced; Fourth, there are technical documents and process documents suitable for the products produced; Fifth, there is a sound and effective quality management system and responsibility system; Sixth, the products meet the requirements of relevant national standards, industry standards and the protection of human health and personal and property safety; Seventh, it conforms to the national industrial policy, and there are no projects with backward technology, high energy consumption, environmental pollution and waste of resources that are explicitly eliminated and prohibited by the state. These seven basic conditions and specific requirements are actually the requirements of the new market access system under the conditions of market economy. Question 3: How can an enterprise apply for a production license? Answer: To produce products listed in the catalogue, an enterprise shall apply to the industrial product license administration department of the province, autonomous region or municipality directly under the Central Government where the enterprise is located for a production license. Where the products produced by an enterprise are listed in the catalogue, it shall apply for a production license within the time specified by the competent department of industrial product production license in the State Council. An enterprise's application can be made by letter, telegram, telex, fax, electronic data interchange and e-mail. Question 4: How long does it take for an enterprise to apply for a production license? A: In order to ensure that the certification process is legal, convenient and efficient, the Regulations standardize the time limit system for certification work. The specific time limit requirements are defined in all aspects of production license acceptance, on-site review, sample delivery inspection, audit and certification, which increases the transparency of work, shortens the time for enterprises to obtain evidence and improves work efficiency. The "Regulations" stipulate that the competent department of industrial product production license in the State Council shall make a decision on whether to license or not within 60 days from the date of accepting the application of the enterprise. If it decides to license, the competent department of industrial product production license in the State Council shall issue the industrial product production license certificate to the enterprise within 10 days from the date of making the decision; If a decision on disapproval is made, the competent department of industrial production license, the State Council shall notify the enterprise in writing and explain the reasons. It is important to point out that the "day" mentioned in the regulations refers to working days, not natural days, and does not include the time required for inspection institutions to conduct product inspections. Question 5: How many years is the production license valid? A: The production license is valid for 5 years, but the production license for food processing enterprises is valid for 3 years. After the expiration of the validity period, if an enterprise continues to produce, it shall, six months before the expiration of the validity period of the license, apply to the competent department of industrial product production license in the local province, autonomous region or municipality directly under the Central Government for extension. In addition, during the validity period of the production license, if the production conditions, inspection means, production technology or process of the enterprise change, the enterprise should also apply to the competent department of industrial product production license of the local province, autonomous region or municipality directly under the central government in time. In accordance with the "Regulations", if the production conditions, inspection methods, production technologies or processes of enterprises that have obtained production licenses change and fail to go through the review procedures in accordance with the "Regulations", they shall be ordered to stop production and sales, confiscate the illegally produced and sold products, and go through relevant procedures within a time limit; If no correction is made within the time limit, a fine of less than 3 times the value of illegally producing and selling products (including sold and unsold products) shall be imposed; Illegal income, confiscate the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law. Question 6: What are the requirements for obtaining a certificate in the Enterprise Management Regulations? A: The enterprise is the main body of production activities, and the enterprise legal person who has obtained the production license should be responsible for the quality and safety of the products produced. In order to prevent enterprises from relaxing their self-requirements, neglecting internal management, and preventing insufficient follow-up investment and the decline of enterprise quality, the Regulations put forward clear requirements for the management of enterprises after obtaining certificates. First, enterprises are explicitly required to take the first responsibility for product quality and safety, and it is stipulated that enterprises must fulfill the obligation of ensuring stable and qualified product quality after obtaining certificates, and continue to have a sound quality assurance system, necessary production conditions, necessary testing ability and quality and safety responsibility system, and must not reduce production conditions when obtaining evidence; Second, enterprises are required to submit reports to the provincial production license management department on a regular basis and be responsible for the authenticity of the reports; Third, the production license management department should take measures such as ordering to stop production, rectifying within a time limit, revoking certificates, and imposing fines on enterprises that fail to go through the formalities of changing according to regulations, failing to continuously ensure production conditions, failing to mark according to regulations, providing convenience for unlicensed production and unlicensed products, improperly keeping and seizing property, producing unqualified products with certificates, forging and fraudulently using certificates, and defrauding certificates. Question 7: What problems should enterprises pay attention to after obtaining the production license? A: Enterprises must mark the production license mark and number on their products or packages and instructions. Naked food and other naked products that are difficult to label according to product characteristics may not be labeled with production license marks and numbers. In addition, if an enterprise uses the products listed in the catalogue in its sales and business activities, it shall check the production license mark and number of the products. The "Regulations" stipulate that an enterprise that has obtained a production license shall be ordered to make corrections within a time limit if it fails to mark the production license mark and number on its products, packages or instructions in accordance with the provisions of the "Regulations"; If no correction is made within the time limit, a fine of less than 30% of the value of the illegally produced and sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the production license shall be revoked. Where the name of an enterprise changes, it shall promptly apply to the competent department of industrial product production license of the province, autonomous region or municipality directly under the Central Government where the enterprise is located, and go through the formalities of change. The "Regulations" stipulate that if the name of an enterprise that has obtained a production license changes and fails to go through the formalities of change in accordance with the provisions of the "Regulations", it shall be ordered to go through the relevant formalities within a time limit; If it is not handled within the time limit, it shall be ordered to stop production and sales, confiscate the products illegally produced and sold, and impose a fine of less than the value of the products illegally produced and sold; If there are illegal gains, the illegal gains shall be confiscated. In addition, the enterprise should properly keep the industrial product license certificate, and if it is lost or damaged, it should apply for a replacement. Within the validity period of the production license, if an enterprise no longer engages in the production activities of products listed in the catalogue, it shall go through the formalities for cancellation of the production license. Question 8: What will happen if an unlicensed enterprise produces or sells products listed in the catalogue without authorization? Answer: If an enterprise fails to apply for a production license to produce products listed in the catalogue, the competent department of industrial product production license shall order it to stop production, confiscate the illegally produced products and impose a fine of less than 3 times the value of the illegally produced products. Illegal income, confiscate the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law. If an enterprise sells or uses products listed in the catalogue without obtaining a production license, it shall be ordered to make corrections and be fined between 50,000 yuan and 200,000 yuan; Illegal income, confiscate the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law. If an enterprise illegally accepts or uses the license certificate, production license mark and serial number provided by others, it shall be ordered to stop production and sales, confiscate the illegally produced and sold products, and impose a fine of less than 3 times the value of the illegally produced and sold products; Illegal income, confiscate the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law. In addition, if an enterprise obtains a production license by cheating, bribery or other improper means, the competent department of industrial product production license shall impose a fine of less than 200,000 yuan and deal with it in accordance with the relevant provisions of the Administrative Licensing Law of People's Republic of China (PRC).