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FSSAI Registration/Licensing
Overview
The Food Safety and Standards Authority of India (FSSAI) is the nodal authority that governs food business in India and is responsible for grant of registration and license to food business operators (FBO) in the country. The authority was instituted through the Food Safety and Standards Act (FSS Act), 2006, under the Government of India’s Ministry of Health and Family Welfare, and is an autonomous body.
To curb food adulteration and the sale of sub-standard food products, the FSSAI enforces regulations related to food businesses’ compliance with robust food safety standards through quality checks.
FSSAI registration is different from FSSAI licensing. Depending on the size and scale of the food business, the FBOs must mandatorily obtain either a registration or a license.
BVM Corporate Services, through its expert and express services, helps you obtain your FSSAI Registration/Licensing online efficiently and accurately!
Categories of FSSAI Registration/Licensing
Depending on factors such as turnover, production capacity, and food business type, the registration/licensing for FBOs is classified as:
FSSAI Basic Registration
FBOs generating an annual turnover of below Rs. 12 Lakh must acquire the FSSAI basic registration through submission of Form A.
Other categories of food businesses that are eligible for this registration include:
- i) Temporary stall organizers engaging in the sale of food.
- ii) Any individual manufacturing or selling food articles by himself/herself.
- iii) Individuals distributing food at religious or social gatherings.
- iv) Small retailers trading in food products.
- iv) Food businesses that deal in the following:
- a) Production of food other than milk and meat (capacity of up to 100 Kg/liter every day)
- b) Milk procurement and handling (capacity of up to 500 liters every day)
- c) Animal slaughtering (capacity of 2 large animals/10 small animals/50 poultry birds a day or even lower)
FSSAI State License
FBOs generating an annual turnover of greater than Rs. 12 Lakh but lower than Rs. 20 Crore are mandated to acquire the FSSAI State License through submission of Form B.
Other conditions that need to be fulfilled to qualify for FSSAI state licensing include having a production capacity of 2MT per day, and for dairy units – managing a business of up to 5000 liters a day, running hotels that are designated as 3-star hotels and above, and running businesses that are into food repacking, relabelling, club management, canteen management, and catering; all such businesses must apply for this license irrespective of their annual turnover.
FSSAI Central License
FBOs with an annual turnover exceeding Rs. 20 Crore and operating from two or more states are mandated to acquire the FSSAI Central License through the submission of Form B.
Big food business enterprises such as exporters, importers, and large-scale manufacturers of food items apply for the FSSAI central license.
FSSAI Online Registration/Licensing Procedure
The relevant FSSAI registration/license is obtained online through submission of the application form, viz., Form A – application for basic registration, or Form B – application for state or central license on the portal FoSCoS.
Relevant documents supporting the application must be uploaded to the portal. Based on its scrutiny of the application and supporting documents, the Food Safety Department may accept or reject it within 7 days from the date of its receipt. In case the application is declined, it will be communicated to the applicant in writing.
Before granting the FSSAI registration certificate, the Department authorities, at their discretion, may undertake an inspection of the food business premises. Upon satisfaction that the applicant FBO is compliant with food safety standards, the Department will grant it an FSSAI registration certificate along with the registration number. The registration certificate may also be downloaded from the FoSCoS portal.
An FBO is mandated to display the FSSAI registration certificate at its business place during business hours.
Mandatory Documents for FSSAI Registration/License
To acquire FSSAI basic registration, FSSAI state license, and FSSAI central license, some of the general documents listed below are mandatory:
- Identity proofs of the owners handling the food business
- Food safety management system plan
- Certificate of the business constitution, viz., partnership deed, incorporation certificate, license for shop or establishment, or other certificates of business registration
- Proof showing possession of business premises., viz., receipts of bill payment for utilities, rental agreement, and a NOC from the rented premises’ owner (in case the business is operating from a rented property)
- The FBO’s bank account details
- Other mandatory and legal documents such as a Municipal Corporation or another local body-issued NOC, a NOC issued by health authorities, and a copy of the license of the food manufacturer whose products are to be displayed/sold
- A comprehensive list of food products that will be manufactured/processed/handled by the concerned FBO
Alongside the general documents listed above, furnishing other exclusive documents is particularly mandatory to acquire the FSSAI state and central licenses.
The exclusive documents to be furnished for an FSSAI state license are:
- Duly filled and signed Form B
- The proposal that clearly defines the area within which the food unit plans to operate
- List of all units of the equipment deployed by the FBO to carry out their food business
- Details of directors/partners/proprietors with their ID and address proofs
- Well-analyzed and detailed water report to establish its potability for production of safe food
- An authority letter from the manufacturer/owner authorizing a nominee to run the business in his/her absence along with the nominee’s ID and address proof
To acquire the FSSAI central license, the following exclusive documents must be furnished:
- Duly filled and signed Form B
- The proposal that clearly defines the area within which the food unit plans to operate
- List of all units of the equipment deployed by the FBO to carry out their food business
- Well-analyzed and detailed water report to establish its potability for production of safe food
- An authority letter from the manufacturer/owner authorizing a nominee to run the business in his/her absence along with the nominee’s ID and address proof
- Documents showing the source of raw material for food products based on milk, meat, etc.
- Ministry of Commerce Certificate for 100% Export Oriented Units (EOUs) – for food businesses that engage in exports of food items
- DGFT-issued Import-Export code (IE code) document – for food business units that deal in the import/export of food items
- Certificate from the Ministry of Tourism
- Recall plan (where applicable)
- Documents showing the proof of turnover and transportation
- Declaration form
- FSSAI-issued NOC/PA document
- Form IX
Status of Application for FSSAI Registration
An applicant can check the status of their application on the FoSCoS portal under the Track Application tab where they can input their application reference number and fetch the information.
The applicant is also updated periodically on their application status via SMS/email alerts.
Advantages of Obtaining FSSAI Food License
- An FSSAI Registration/License entitles a food business to several advantages that include legality, consistent adherence to good food safety standards, customer goodwill, and resulting opportunities for business expansion.
- FSSAI registration also makes it easy for a food business to attract much-needed funds from investors.
- Consumers can rest assured of good quality food when the packages of food items bear the FSSAI logo and when a food business unit displays its FSSAI registration number on its premises – thus indicating the unit’s compliance with food safety standards, which can lead to decent business reputation.
Non-Compliance
Non-compliance with the Food Safety and Standards Act, 2006, such as misbranding of food products, circulating misleading advertisements or false descriptions of food products, selling sub-standard food items, practicing unhygienic methods of food manufacturing/handling/processing, and failing to comply with a food safety officer’s instructions/guidelines can all result in heavy penalties of varying amounts.
Renewing FSSAI License
An FSSAI license comes with a validity of 1 to 5 years. It is important for an FBO to renew its license in the applicable period 30 days before its expiry to ensure continued operations.
FAQs
1) What denotes food recall?
A) The term “recall” denotes the withdrawal of food items or products by the FBOs from the market if they have reasons to believe that the food items they have produced/manufactured/processed and supplied are not compliant with the food safety protocols as enshrined in the Food Safety and Standards (FSS) Act, 2006.
2) Are FBOs required to file their annual returns?
A) Yes, some FBOs, as mandated by the law, must file their annual returns.
3) Do all food businesses that import or export food items/products mandatorily need to possess the FSSAI license?
A) NYes, all food businesses that engage in the import or export of food items must mandatorily obtain the FSSAI Central License.
4) Should medical stores obtain an FSSAI license/registration if they sell plant-based supplements or dietary foods?
A) IYes, all businesses that transact any kind of food items, including medical stores, must obtain an FSSAI registration/license. Non-compliance leads to penalties.
5) What details does an FSSAI registration certificate contain?
A) An FSSAI registration certificate contains the name and address of an FBO, the food business premises’ address, the nature of the food business, and the validity period of the license.
6) What is the validity period of an FSSAI License?
A) The FSSAI provides varying validity periods for different types of licenses and food items/products. The validity of the licenses may span from 1 to 5 years. The license fee applicable will vary with the type of FSSAI License being applied for and its validity period.
7) How should an FSSAI license/registration that has expired be renewed?
A) An FBO needs to renew its license before its expiry. If an FBO has missed the date of renewal of their license, they must apply for a fresh license to continue their business.