Để kinh doanh cửa hàng ăn uống tại Việt Nam, các cơ sở sản xuất, kinh doanh phải thực hiện xin cấp nhiều loại giấy phép khác nhau. Trong đó, quan trọng nhất là Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm (Sau đây gọi tắt là “Giấy chứng nhận an toàn thực phẩm”). Đây là loại giấy phép bắt buộc mà cơ sở kinh doanh phải thực hiện nhằm giúp cơ quan nhà nước có thẩm quyền kiểm soát được tình hình an toàn thực phẩm và đảm bảo quyền lợi của người tiêu dùng.
Căn cứ theo Luật An toàn thực phẩm năm 2010 và Nghị định 15/2018/NĐ – CP, khi xin cấp giấy phép vệ sinh an toàn thực phẩm cho cửa hàng ăn uống, cửa hàng ăn uống cần lưu ý một số điểm sau:
Thứ nhất, cửa hàng ăn uống phải đăng ký ngành nghề Nhà hàng, kinh doanh dịch vụ ăn uống.
Thứ hai, cửa hàng ăn uống là một loại hình của Cơ sở kinh doanh dịch vụ ăn uống, phải đảm bảo các điều kiện chung về an toàn thực phẩm và các điều kiện riêng đối với cơ sở kinh doanh dịch vụ ăn uống theo quy định tại Luật An toàn thực phẩm 2010. Theo đó, cửa hàng ăn uống phải đáp ứng các điều kiện sau:
(i) Điều kiện về địa điểm kinh doanh;
(ii) Điều kiện về cơ sở vật chất chế biến, kinh doanh;
(iii) Điều kiện về bảo quản thực phẩm;
(iv) Điều kiện đối với chủ cửa hàng và người trực tiếp xúc với thực phẩm;
(v) Điều kiện về nguyên nhiên liệu chế biến.
Thứ ba, về thẩm quyền quản lý. Đối với kinh doanh cửa hàng ăn uống, chủ cửa hàng cần lưu ý tới cơ quan có thẩm quyền cấp Giấy chứng nhận an toàn thực phẩm. Tuỳ theo từng mặt hàng kinh doanh, chủ cửa hàng ăn uống phải xin cấp giấy chứng nhận từ Bộ Công Thương; Bộ Y tế và Bộ Nông nghiệp và Phát triển nông thôn.
Thông thường, một cửa hàng ăn uống thường kinh doanh các loại mặt hàng sau: nước uống, nước giải khát (thuộc thẩm quyền quản lý của Bộ Y tế; bia, rượu (thuộc thẩm quyền quản lý của Bộ Công Thương); thịt gà, thịt lợn, thuỷ sản, hải sản (đã qua chế biến) (thuộc thẩm quyền quản lý của Bộ Nông nghiệp và Phát triển nông thôn;…
Theo đó, chủ cửa hàng cần lưu ý tới danh mục sản phẩm, nhóm sản phẩm thuộc quyền quản lý của Bộ Công thương; Bộ Y tế và Bộ Nông nghiệp và Phát triển nông thôn quy định tại Phụ lục II, III và IV Nghị định 15/2018/NĐ – CP.
Thứ tư, về hồ sơ xin cấp Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm. Hồ sơ xin cấp Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm bao gồm:
(i) Đơn đề nghị cấp Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm;
(ii) Giấy chứng nhận đăng ký kinh doanh (có đăng ký ngành, nghề kinh doanh thực phẩm);
(iii) Bản thuyết minh về cơ sở vật chất, trang thiết bị, dụng cụ bảo đảm điều kiện an toàn thực phẩm;
(iv) Giấy xác nhận đủ sức khoẻ và giấy xác nhận đã được tập huấn kiến thức về an toàn vệ sinh thực phẩm của chủ cơ sở, người trực tiếp tham giam sản xuất, kinh doanh của cửa hàng ăn uống.
Thứ năm, về trình tự thực hiện.
Bước 1: Nộp 01 bộ hồ sơ tới cơ quan nhà nước có thẩm quyền.
Cơ quan nhà nước có thẩm quyền xem xét hồ sơ, yêu cầu sửa đổi bổ sung (nếu có) và thông báo hồ sơ hợp lệ trong vòng 05 ngày làm việc.
Bước 2: Tiếp đoàn thẩm định cơ sở trong vòng 15 ngày làm việc kể từ ngày hồ sơ hợp lệ.
Bước 3: Nhận giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm (nếu cơ sở đạt kết quả thẩm định).
Thứ sáu, về hiệu lực của giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm. Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm có hiệu lực trong thời gian 03 năm.
Nếu cửa hàng ăn uống tiếp tục kinh doanh sau thời gian ba năm, thì cửa hàng phải xin cấp lại giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm. Việc xin cấp lại được thực hiện trong vòng 06 tháng trước khi Giấy chứng nhận hết hiệu lực.
Ngoài ra, chủ cửa hàng cũng cần lưu ý tới các trường hợp không cần phải xin Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm, cụ thể:
(i) Sản xuất ban đầu nhỏ lẻ;
(ii) Sản xuất, kinh doanh thực phẩm không có địa điểm cố định;
(iii) Sơ chế nhỏ lẻ;
(iv) Kinh doanh thực phẩm nhỏ lẻ;
(v) Kinh doanh thực phẩm bao gói sẵn;
(vi) Sản xuất, kinh doanh dụng cụ, vật liệu bao gói, chứa đựng thực phẩm;
(vii) Nhà hàng trong khách sạn;
(viii) Bếp ăn tập thể không có đăng ký ngành nghề kinh doanh thực phẩm;
(ix) Kinh doanh thức ăn đường phố;
(x) Cơ sở đã được cấp một trong các Giấy chứng nhận: Thực hành sản xuất tốt (GMP), Hệ thống phân tích mối nguy và điểm kiểm soát tới hạn (HACCP), Hệ thống quản lý an toàn thực phẩm ISO 22000, Tiêu chuẩn thực phẩm quốc tế (IFS), Tiêu chuẩn toàn cầu về an toàn thực phẩm (BRC), Chứng nhận hệ thống an toàn thực phẩm (FSSC 22000) hoặc tương đương còn hiệu lực.
Trên đây là bài viết tư vấn về “Những lưu ý khi xin cấp Giấy phép vệ sinh an toàn thực phẩm cho cửa hàng ăn uống” của Công ty Luật TNHH Apra. Quý khách hàng còn thắc mắc về các vấn đề nêu trên và cần được giải đáp, vui lòng liên hệ số hotline để được tư vấn và hỗ trợ.
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Mọi thông tin yêu cầu tư vấn xin vui lòng liên hệ :
CÔNG TY LUẬT TNHH APRA
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