FSSAI Registration and Licence in India

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA (FSSAI)

The Ministry of Health and Family Welfare of the Government of India established the FSSAI. It was founded in accordance with the Food Safety and Standards Act, 2006, which is a consolidated law concerning food safety and regulation in India and FSSAI is responsible for preserving and promoting public health through the regulation and oversight of food safety. The institution is led by a non-executive chairperson chosen by the Central Government who has or has held a position at or above the level of Secretary for the Government of India.

The FSSAI's headquarters are located in New Delhi. It also has six regional offices in Guwahati, Delhi, Mumbai, Kolkata, Chennai and Cochin. Notified by FSSAI are 14 referral laboratories, 72 State/UT laboratories spread throughout India, and 112 NABL-accredited commercial laboratories. 

The FSSAI agreed in 2021 to provide perpetual licenses to restaurants and food manufacturers on the condition that they file annual tax returns in order to benefit industries involved in the production, handling, packaging, and sale of food products.In 2009, the FSSAI initiated the pilot project Safe Food, Tasty Food to improve the safety and quality of food served in restaurants and other establishments. Local municipal authorities and industry groups functioned as the implementing agency.

1. BENEFITS OF FSSAI REGISTRATION/ LICENSE/ WHO SHOULD APPLY?

Despite being a legal compulsion the FSSAI Basic Registration renders dozens of benefits to the Food business operators. The common benefits of securing FSSAI Basic Registration include:

1. Optimize customer retention.
2. Establish confidence, credibility, and goodwill with the target consumers.
3. Allow the business to flourish without legal complications.
4. Ensure business growth and improved earnings
5. A FSSAI license provides a framework for developing food items that meet international food standards for quality.
6. FSSAI registration has a favourable effect on the company's dependability and output, hence providing a significant possibility for expansion and growth.
7. The FSSAI license is essential for exporting food items abroad.
8. Streamlines all procedures related to the production, distribution, and sale of food goods.
9. A license from FSSAI is essential for the export and import of eatable goods.
10. FSSAI is required if you sell food goods online.
11. When FSSAI registration is involved, sanitation and hygiene are regulated and adhered to.
12. The FSSAI logo on food goods guarantees the quality of the food to consumers. The FSSAI registration number shown on the food establishment indicates compliance with cleanliness and quality requirements.

WHO SHOULD APPLY?

FSSAI REGISTRATION

Small enterprises with gross annual revenue of less than Rs.12 lakhs are required to register with the FSSAI. It mandates FSSAI registration for all operators of small food businesses. A small food company operator is somebody or any organisation that:

1. Manufactures or sells any article of food himself, or is a petty retailer or hawker, itinerant vendor or temporary stall holder; or
2. Distributes food, including at religious or social gatherings, excluding caterers; or
3. Other food enterprises, such as small-scale, cottage, or other food-related industries, or smaller food businesses, with a yearly turnover of less than Rs.12 lakhs, and whose:
1. The food production capacity (excluding meat and meat products and milk and milk products) does not exceed 100 kg/litre per day;
2. The daily acquisition, handling, or collecting of milk does not exceed 500 litres; or
3. The daily slaughtering capacity cannot exceed 2 large animals, 10 small animals, or 50 poultry birds.

The FSSAI license must be obtained by any individual or business that handles food substances from farm to plate. Regardless of whether it is a local player, operates offline or online, or it is the exported or imported food items, the requirement is to get registered with FSSAI. They are required to obtain one of the three registrations/licenses based on their size and operating locations.

Form A, Application for Registration, must be submitted by operators of small food businesses in order to receive FSSAI registration. Within seven days of receiving an FSSAI registration application, an authority should either issue the registration or refuse the application in writing.

FSSAI LICENSE

In order to operate a food business in India, any individual or organization that does not qualify as a "petty food business operator" is required to obtain FSSAI license. There are two types of FSSAI licenses: State FSSAI License and Central FSSAI License. The licensing authority would vary according to the size and nature of the enterprise.

FBOs (Food Business Operators) with small to medium-sized production facilities, marketers, traders, transporters etc., are needed to get FSSAI registration from the state legislature. To qualify for a State License, the yearly turnover of the FBO must fall between Rs 12 lakh to Rs 20 crore.

Other restrictions include manufacturing plants with a daily capacity of 2 metric tons and dairy operations with a daily capacity of up to 5,000 liters. All 3-star hotels and higher, repackers, relabelling units, clubs, and canteens must apply for the license, regardless of their annual revenue. The issued license is valid for a maximum of five years and a minimum of one.

The fee and procedure for acquiring the license by FSSAI are more complicated than those for receiving an FSSAI registration. For FSSAI license applications, Form B should be sent to the appropriate Authority of Licensing along with the required self-attested affidavit, declaration, and annexures, if applicable.

The license is issued by FSSAI for a period of one to five years at the request of the operator of a food business. Obtaining an FSSAI license for a longer period of time would incur a greater charge. If receiving registration for 1 or 2 years, an individual may apply for renewal of license not later than 30 days before to the FSSAI license's expiration date.

To qualify for a central license, Food Business Operators (FBOs) must have an annual turnover exceeding?20 crores The FBO must operate in two or more states. Additionally, the Central License is mandatory for importers and exporters involved in food-related businesses. The longest duration is five years, and the shortest is one.

Companies who supply food to public departments/offices and those engaged in food export/import, virtual platforms, franchise operations, or hotel/restaurant chains are also required to obtain a central license

Application for obtaining FSSAI LICENCES can be filed visiting FSSAI Food Licensing and Registration System (FoSCoS) portal.

If the FBO's turnover is below ?20 crores but the business operates in multiple states, they must obtain a State License in each respective state, unless the specific category mandates a Central License (e.g., import/export activities).

FSSAI License is entirely premise-based. No FBO may possess more than 1 license for a single location. All types of businesses must be associated with a single License issued for a single location. If you hold both a State License and a Central License, you must surrender your State License and ask for a revision of your Central License to include the type of business listed on your State License

BASIC REQUIREMENTS

Depending on the kind of registration and the type of food business you operate, you must submit different documentation for registration.

1. FSSAI REGISTRATION

• Declaration signed by the authorized person
• Authorized person’s passport-sizes photograph [self-attested]
• Address proof of the business premises [rental agreement/previous month’s electricity bill/NOC from landlord]
• Authorized person’s Aadhar card front and back [self-attested]

1. STATE & CENTRAL LICENCE

• Photograph of the premises [8-9 photos]
• Identity proof of directors/partners/proprietor [Aadhar and PAN]
• Blueprint of the premises
• Passport-sized photograph of the directors/partners/proprietor
• Address proof of the business premises [rental agreement/previous month’s electricity bill/NOC from landlord]
• List of machines (if any) on the company’s letterhead [with seal and signature].
• List of food products on the company letterhead [with seal and signature]

1. MANUFACTURING UNITS

In addition to the aforementioned documentation, manufacturing units must also submit the following:

• The blueprint of the factory, warehouse, etc.
• A list of all categories of food
• Water quality Report
• A list of all machinery

1. WHAT TO DO POST OBTAINING REGISTRATION/ LICENSE

After obtaining a FSSAI Registration or License, Food Business Operators (FBOs)are mandated to display the certificate of the registration or the FSSAI license at the place where the business is conducted during the business hours and must keep the standards of their place as per guidelines of FSSAI. Besides, the FSSAI Logo must also be displayed on the product packaging.

All food packages bear a fourteen-digit registration or license number. The 14-digit registration number provides information regarding the assembly state and producer's license. This registration process is intended to increase the FBO's accountability for maintaining the quality of food goods. Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011 govern the licensing and registration procedure and requirements.

MORE ABOUT REGISTRATION/LICENSE

PROCEDURE FOR APPLYING FOR FSSAI BASIC REGISTRATION

Every small Food Business Operators must register with the Registering Authority (RA) by submitting a registration form (Form A) in accordance with Schedule 2 of these regulations, as well as the regular registration fee outlined in Schedule 3.

The small-scale food manufacturer must adhere to the underlying safety and hygiene standards outlined in Part I of Schedule 4 of these regulations and provide a self-attested statement of adherence to these standards using the form specified in Annexure-1 of Schedule.

Within seven days of receiving a registration form, the Registering Authority (RA) must evaluate the application form and either give registration or cancel it with specific reasons to be recorded in writing, or provide notification for inspection.

In the event of an inspection, the RA shall grant registration within 30 days of being convinced with the underlying conditions for the hygiene, safety and sanitation of the premises as outlined in Part II of Schedule 5.

If registration is not granted or revoked, inspection does not occur within the seven-day timeframe cited in sub-regulation (3), or no decision is conveyed within the thirty-day timeframe cited in sub-regulation (4), the owner of the business may commence operations, with the proviso that FBOs will be required to make any improvements directed by the RA in the future.

Provided, however, that registration won't be denied without affording the applicant a chance to be heard and without recording the reasons for refusal in writing.

In the case of a small Food Business, RA will provide a photo identity card and a registration certificate, which must be displayed at all times at the business location,vehicle, cart, or any other place where the individual conducts food business.

At least once a year, the Registering Authority (RA) or an institution designated for this purpose must inspect the registered business location.

PENALTIES FOR NOT COMPLYING WITH FSSAI’S GUIDELINES

If an FBO is found guilty of undertaking business activities without a valid FSSAI license, he/she may confront the jail term for a specified timeframe along with a monetary fine of up to 5 lakhs.

FSS Act encloses the given penal provisions against the actions that are punishable offenses:

1. Any individual trading non-branded food article, either himself or via a third party that works independently, shall be subjected to a penalty of up to 5 lakhs.
2. In this scenario, anyone selling low-quality food items, either directly or through an independent third party, will be held accountable for the underlying penalty.
3. If an individual trading, storing, marketing, or importing food commodities available to the general public is detected with an extraneous substance, the FSSAI may impose a fine of up to Rs 1 lakh.
4. If a person, either directly or through an independent third party, manufactures or processes food intended for the general public under unsafe and unclean conditions, he or she would be held accountable and fined Rs 1 lakh.
5. In extreme circumstances where a consumer has faced a life-or-death situation due to a poor food item, the fine for the offender may reach Rs 5 lakh.