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法律规定食品经营户取得营业执照后才能申请食品经营许可证。新《食品安全法》实施以后仍然有大量“无照无证”食品经营户在营业。实践中,基层食品行政执法部门由于经营户无营业执照而无法颁发食品经营许可证。文章认为,在商事登记改革的大背景下,建议修改相关法律,取消为食品经营许可设置营业执照的前置程序要求,并从法律依据、政策依据、法理依据等方面进行多角度论证。
The law provides food business households to obtain a business license before they can apply for food business license. After the implementation of the new “Food Safety Law,” there are still a large number of “non-licenseless licensees” operating food businesses. In practice, the grassroots food administrative law enforcement departments can not issue food business licenses because they have no business license. The article holds that under the background of the commercial registration reform, it is suggested to amend the relevant laws, cancel the pre-process requirements of establishing business license for food business license, and demonstrate from many aspects such as legal basis, policy basis and legal basis.