FSSAI stands for Food Safety and Standards Authority of India which is an organization that monitors and governs the food business in India. It is an autonomous body that is established under the Ministry of Health & Family Welfare, Government of India.
The FSSAI has been established under the Food Safety and Standards Act, 2006 (FSS Act) which is a consolidating statute related to food safety and regulation in India. It ensures the food products undergo quality checks thereby curtailing the food adulteration and sale of sub-standard products. It is responsible for the registering and licensing of the Food Business Operators (FBO) in India and it lays down the rules and regulation for running the food business in India.
FSSAI launched Food Safety Compliance System (FoSCoS) w.e.f. 1st June 2020 replacing the existing Food Licensing and Registration System. This system replaces the existing online Food Licensing and Registration System (FLRS: https://foodlicensing.fssai.gov.in). Users of these States/UTs are now required to visit https://foscos.fssai.gov.in. The technology on which the FLRS was built was outdated with technical support no longer available. Thus the migration from FLRS to FoSCoS was mandatory.
Food License Registration certificate is required to run a food product business.
One has to register under Food Safety and Standards Authority of India (FSSAI) to manufacture, distribute and transport food products. FSSAI is established under the Ministry of Health & Family Welfare, Government of India. The FSSAI has been established under the Food Safety and Standards Act, 2006. FSSAI Certificate and FSSAI License are the same which ensures the quality, purity and other important factors the customers can rely upon.
The FoSCoS offers licensing, registration, inspection and annual return modules for food business operators (FBO’s). It is a one-point stop for any regulatory compliance transaction for all FBO’s. FSSAI License is responsible for protecting and promoting public health through the regulation and supervision of food safety.
FSSAI License or FSSAI Registration is mandatory before starting any food business. FSSAI Registration is required for all food related businesses such as manufacturers, traders, restaurants, small eateries, grocery shop, importers, exporters, home based food businesses, dairy farms, processors, retailers, e-retailers who are involved in food business must obtain a 14-digit registration Number or a Food license number which must be printed on food packages or Displayed in Premises. This 14 digit FSSAI license number gives data about the producer's permit or enrollment subtle elements, and the assembling state.
FSSAI checks for food license of food business operators on random basis and takes strict actions against those businesses whose licenses have expired or businesses who don’t have FSSAI license. There is a high degree of consumer confidence in safety and quality of food. It helps to promote innovation in foods products. It helps in removal of multiple regulations. It facilitates trade without compromising consumer safety and a larger share.
Thus it has become mandatory to possess a food license for everyone who is in the chain which requires the food handling at any stage. License or registration with FSSAI is necessary for everyone who is doing a food business. Whether a FBO requires a License or registration depends upon the factors like capacity of production, handling nature of food business activities and area of operation.
Food Safety Compliance System (FoSCoS) is built using latest technology with a vision to have modern on stop pan-India IT platform for food safety regulatory needs, launched by FSSAI. FoSCoS shall also be integrated with other platforms of Government of India such as GST, PAN, MCA etc. further ease out the processes for businesses and also ensure a 360 degree profiling of businesses. FSSAI is all about-
FSSAI registration is mandatory for every food business in India. Any individual or a company that operates with food substances from farm to plate must obtain the FSSAI food license.
Food Safety and Security Act of 2006 is an Act and FSSAI has been placed under the Act that establishes standards for food products based on science and coordinates their production, storage, shipping, sales and imports. Its main purpose was to keep the accurate standard of the food quality and to check the adulteration and poor quality of food.
The new regulations / amendments will be made in the FSSAI standards /regulations from time to time and is ongoing process
The regulations / amendments will be placed before the Scientific Panels and Scientific Committee for their opinions / recommendation.
The regulation will be approved by the Food Authority and draft notified after previous approval of Central Government.
The draft notification is also notified to WTO Member Countries for their comments.
A time period of normally 60 days is given for information of the persons likely to be affected thereby and sending the comments to the FSSAI.
The comments received on the draft notification are examined by the FSSAI. In case of divergent comments are received on the draft standards / regulations.
The final notification is published in the Gazette of India giving date of effects of its implementation and simultaneously notified to the WTO Member Countries for information & reference.
The Food Safety and Standards Authority of India (FSSAI) is a government regulator to ensure the availability of Safe, Wholesome, and Hygienic food by the Food Business Operators (FBO). To achieve its objective, the FSSAI has laid down several rules and standards, and it ensures the compliances of the set standards through regular inspection of the food businesses/FBO. The FSSAI has categorized FBOs into different categories.
These categories of FBOs are elaborated further in the following sections “Type of Food business operator”. “Food business operator” is a unique word in the food industry. That means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of Food Safety and Standards Act, 2006, rules and regulations made thereunder.
FSSAI must have the data of the businesses who are dealing in the food to ensure compliance with the set standards by the FBO. Thus, every food business operator (FBO), whether small or large, needs to either register themselves with FSSAI or procure a license before starting the food business or related enterprise.
The food licenses are of two types one is a state license, and the other is a central license. The state license is provided by state authorities, whereas the central licensing unit of FSSAI controls the Central License.
It is essential to know whether the FBO needs just registration or a central/state license for its business. Typically, all small food business operators who are not doing any manufacturing or processing and having an annual turnover of less than 12 lacs and are carrying business in one state only need to seek FSSAI Registration. In contrast, the other food business operator needs to procure a license.
Before starting a Food Business, every person is required to register or obtain the State or Central License under the FSSAI. The applicable regulation is the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011. Recently, FSSAI has launched a Food Safety and Compliance System (FoSCoS) to replace the earlier Food Licensing and Registration System (FLRS). Food Safety and Compliance System (FoSCoS) is a cloud-based, upgraded new food safety compliance online platform. FoSCoS will be one point platform that will enable the across-the-country data-driven regulatory approach. FoSCoS will be offering licensing, registration, inspection, and annual return modules. The said system is launched with the view of One Nation, One Food Law, the benefits of a centralized law, rules and regulation, are as under:
The FSSAI Registration or the License is location specific and is term bound. FBO could apply for registration or license at a particular location for a term of one year to five years, depending upon the choice. The government for FSSAI Registration or License will vary as per the term chosen by the FBO while making the relevant application. As the FSSAI Registration or License is valid only until the term for which it is granted, the renewal application must be filed before the expiry of the validity. If the renewal is not done within the time, the applicants need to file a new application for registration or license for its food business. Further, the FBO engaged in Manufacturing and Importing of Food Products needs to file a Return(S) with FSSAI regarding each class of food products handled by such FBO during the previous financial year.
Every food package must have a label. This label should mandatorily contain:
The Food Authority has decided to divide the Food Safety and Standards (Packaging and Labeling) Regulations, 2011 into two regulations,-
They shall come into force on the date of their publication in the Official Gazette and Food Business Operator shall comply with all the provisions of these regulations after one year from the date of their publication in the Official Gazette (on 18th November 2020 and were published in the official gazette on 10th December 2020 with gazette no. CG-DL-E-10122020-223635 ) except chapter-3 of these regulations, to which Food Business Operator shall comply by 1st January 2022. FBO’s should comply with the Regulations from 9th December 2021. FBO’s should comply with the Regulations from 9th December 2021.
Non – Vegetarian Logo | Vegetarian Logo |
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Every package of Non-Vegetarian Food containing ingredients including food additives, processing aids of animal origin shall bear a declaration to this effect made by a symbol and color code as stipulated below. The symbol shall consist of a brown color filled triangle inside a square with brown outline having the sides not less than the minimum size specified in the Table mentioned in the regulation 5 (4) (c), below: Refer Point 6 | Every package of Vegetarian Food containing ingredients including food additives, processing aids of plant origin shall bear a declaration to this effect by a symbol and color code as stipulated below. The symbol shall consist of a green color filled circle inside a square with green outline having the diameter not less than the minimum size specified in the Table mentioned in the regulation 5 (4) (c), as indicated below: Refer Point 6 |
6. Size of the Logo: Vegetarian/ Non- Vegetarian Logo
S. No. Logo | Area of principal display panel in cm. square | Minimum size of the diameters of circle in mm | Minimum size of each side of triangle in mm | Minimum size of each side of triangle in mm |
---|---|---|---|---|
1. | Upto 100 | 3 | 2.5 | 6 |
2. | Above 100 to 500 | 4 | 3.5 | 8 |
3. | Above 500 to 2500 | 6 | 5 | 12 |
4. | Above 2500 | 8 | 7 | 16 |
7. Declaration regarding Veg. or Non-Veg shall also be prominently displayed as provided in this regulation on the pamphlets, leaflets, and advertisements in any media. The symbol shall be prominently displayed on the package having a contrasting background on the principal display panel, just close in proximity to the name or brand name of the production front of the pack.
8. Legal Metrology Provisions Applicability: Net quantity, Retail Sale Price, and Consumer Care details.- Declaration and manner of declaration of Net quantity, Retail Sale Price, and Consumer Care details shall be as provided in Legal Metrology Act, 2009 (1 of 2010) and the Rules made thereunder.
9. “Date of manufacture or packaging” and “Expiry/Use by” shall be declared on the label. However, the eclass="fade-in two"pression “Best before” may also be used as optional or additional information. “Date of manufacture or packaging” and “Expiry /Use by” shall be grouped together and given in one place.
10. The FSSAI logo and license number of the brand owner shall be displayed on the label. In addition, the license number of the manufacturer or marketer or packer or bottler, as the case may be, if different from the brand owner, shall also be displayed on the label.
11. Labeling of ‘Gluten Free’ Products The term “Gluten-Free” shall be printed in the immediate proximity of the name of the product in the case of products described in regulation 2.14 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, namely:-
“Gluten-Free” In case any gluten-free product is manufactured in a plant where gluten-containing products are also manufactured this shall be declared on the label as “Processed in a plant where gluten-containing products are manufactured”
12. Declaration of name and complete address: The name and complete address of the brand owner, whether or not, he himself is the manufacturer, marketer, packer, or bottler, as the case may be, shall be declared on the label. Such name and address shall be preceded by the qualifying words “Manufactured by (Mfg by, Mfd by)” or “Marketed by (Mkt by)” or “Manufactured & Marketed by” or “Packed & Marketed by” as the case may be. In the case of alcoholic beverages, “Bottled by” or “Blended and Bottled by “or “Imported and Bottled by”. Or “distilled and bottled by” may also be declared on the label.
13. The height of any numeral and letter required under these regulations, on the principal display panel shall be as shown in the table below:
S. No. | Minimum height of numeral and letter in mm | ||
---|---|---|---|
Normal case | When blown, formed moulded, or perforated on container | ||
1. | Upto 100 cm2 | 1 | 2 |
2. | Above 100 cm2 to 500 cm2 | 2 | 4 |
3. | Above 500 cm2 to 2500 cm2 | 4 | 6 |
4. | Above 2500 cm2 | 6 | 8 |
the size of numeral and/or letters required for the declaration of net weight, retail sale price, date of expiry or best before or the use by date (wherever and as applicable) and Consumer care details on the principal display panel shall be as provided in the Legal Metrology Act, 2009 (1 of 2010) and the Rules made thereunder
14. Instructions for use, including reconstitution, where applicable, shall be included on the label, to ensure proper utilization of the food or where such food requires directions for reasons for health and safety (e.g. ‘Refrigerate after opening’).
The food business can get several legal benefits
Create Consumer awareness
You can use FSSAI logo, which can buildgood will among the customers
Set down science-based principles
Regulate manufacture, storage, distribution , sale and import of food.
To facilitate food safety
The research and development sector is responsible to maintain the safety.
New guidelines are introduced which are compatible with international organizaion.
Set up evidence proof studies for building policies
There is a huge chance of business expression
The FSSAI Logo
The FSSAI symbol must not be used. While a small food business may still get away with not putting this logo, as consumers become more educated, these little validations can go a long way when it come to the cut throad competition that the food busniess witnesses
Trounle obtaining credit
Most investors, banks or lenders will do a primary check to see if the applicant has got any basic licenses in order. Any busniess planning to scale to a greater level must apply for the license based on predicted sales/capacity.
Save money at the risk of reputation
While some amount may be able to save on the annual fee(which is in the range of r2,000-r5,000) but in the absense of this license, it may be very difficul to prove to customers that the particular business maintains high stadards of hygiene in the processes.
Risking disqualifiaction from food tenders
Not possessing an FSSAI license may also make it difficult to apply for corporate events, fill tenders or make way to a larger set up as most of these opportunities will stipulate the requirement of a valid FSSAI license
Liability
If any person or food business operator(except those exemptedfrom licensing) who are mandatorily requird to obtain a license, but manufactures, trades , sells or ditributes any food article without a license, then imprisonment for a term of upto 6 months and a fine which may extend to r5,00,000 may be levied.
Missing out on quality assessments
Most importantly , as FSSAI aims to improve the standard for the wholesomeness of food, the state governments often review existing procedures for manufacturng /storage of food grains, milk, spices, meat and other consumables.
3. Mid-Day Meal:It is a government-designed and supported scheme launched nationwide for school age children in order to provide them better nutrition. This scheme provides free lunches on working days for school-going children supported under Sarva Shiksha Abhiyan, and National Child Labor Project schools run by the ministry of labour. There are two categories of FBO’s under this scheme as mentioned below:
100% FDI is allowed in India’s food manufacturing and food processing sectors under the automatic approval route. No prior permission for FDI is required in India to set up a food manufacturing or food processing unit. Our startup team shall help you with the formation of a company with foreign investment. However, for retail and e-commerce businesses, the FDI is also permitted up to 100%. However, under the approval route, the concerned ministry grants approval for the FDI in retail and e-commerce on a case-to-case basis.
Every food business operator involved in the manufacturing, processing, storage distribution and sale of food products must compulsorily obtain FSSAI Registration or License. FSSAI Registration is different from the FSSAI License in the sense that depending on the size and nature of the business, FBO should obtain the necessary registration or license. It is a 14-digit registration or a license number that is printed on all the food packages. The 14 digit registration number gives details about the assembling state, producer’s permit. This registration procedure is aimed to create more accountability on the FBO to maintain the quality of the food products. The licensing and registration procedure and requirements are regulated by Food Safety Compliance System (FoSCoS).
FSSAI Registration RequirementS. No. | Business | Capacity |
---|---|---|
1. | Food production capacity (other than milk and meat) | Up to 100 kg/ltr per day |
2. | Procurement, handling and collection of milk | Up to 500 ltr per day |
3. | Slaughtering capacity | 2 large animals or 10 small animals or 50 poultry birds per day or less/td> |
Obtaining a license can provide the food business with legal benefits, build goodwill, ensure food safety, create consumer awareness, and assist in business expansion. Also, it helps regulate, manufacture, storage, distribution and sale of import food.
S. No. | Food Registration | Food license |
---|---|---|
1. | It is required by petty food manufacturers or the FBO having a turnover of less than 12 Lakhs unless the FBO is covered under mandatory licensing. | It is typically required for the businesses having a turnover of more than 12 lakhs or by the FBO engaged in food processing and manufacturing. |
2. | The government fee for registration is 100 for each financial year | The government fee for a food license ranges from ₹2000 to 5000 Per Annum for a State license and 7,500/-Per Annum for the Central License. |
3. | FSSAI registration number also carries 14 digits in it, but the first digits starts with 2. | FSSAI license carries 14 digits in it wherein the first digit starts with 1 |
4. | Food Registration It is always granted by the State Licensing Authority | It is granted by state Licensing Authorities in the case of State license and central Licensing Authority in case of Central License. |
5. | FSSAI Registration Form A | FSSAI Registration Form B |
Every Food Business Operator needs to seek either registration or license from the food department. The applicant’s eligibility for food registration and the license is determined based on turnover, production capacity, nature of business and area of operation cumulatively. Even if an FBO falls in the category of registration as per turnover, its nature makes him eligible for licenses. The FBO has to apply for a license (State/Central License).
A petty manufacturer who manufactures or sells any article of food or a stallholder, petty retailer, hawker, itinerant vendor or a temporary stallholder or small scale or cottage, or other industries relating to food business or tiny food business operator; requires registration only. The golden rule is “One premise one license”.
FSSAI yields three types of license based on the essence of the food business and turnover:
Note: An exception here is the catering business. Irrespective of their turnover, they have to apply for a state license and not a basic FSSAI license.
A Petty food business that has an annual turnover of not more than 12 Lakhs or falls under the following criteria; Eligible individuals/entity to obtain FSSAI Registration-
S. No. | Business | Capacity |
---|---|---|
1. | Food production capacity (other than milk and meat) | Up to 100 kg/ltr per day |
2. | Procurement, handling and collection of milk | Up to 500 ltr per day or upto 2.5 Metric tonnes (MT) in case of milk solids per annum |
3. | Slaughtering capacity | 2 large animals or 10 small animals or 50 poultry birds per day or less |
4. | Vegetable Oil or Process | Production up to 100kgs/ liter per day or Turnover upto 12 lakhs |
5. | Other food units | 100ltr/kg per day or Turnover upto 12 lakhs |
6. | Wholesalers/ Retailers/ Distributors/ Suppliers/ Dhaba Owners/ Club/ Canteen/ Hotel Restaurant/Transporters/ Cold Storage | Turnover up to 12 lakh per annum |
FSSAI State License is applicable for Food businesses whose turnover is more than 12 lakhs but below 20 crore annually or falls under the followings criteria; FSSAI State License:-
S. No. | Business | Capacity |
---|---|---|
1. | Manufacturing units | capacity up to 2 MT per day or Turnover above 12 lakhs |
2. | Dairy units | handling up to 5000 ltr per day |
3. | 3 star and above Hotels | Turnover more than ₹12 lakhs but up to 20 crore |
4. | Re-packers, Relabeling, club, canteens, all catering business | Irrespective of their Turnover |
5. | Slaughtering Units | up to 50 Large animals, 50 small animals, 1000 poultry birds per day |
6. | Vegetable oil processing units and units producing vegetable oil by process of solvent extraction and refineries including oil expeller unit | Upto 2 MT per day and Turnover above 12 lakhs per annum. |
7. | Meat Processing Units | Upto 150 MT per annum |
8. | Hotels | Hotels with a 3-star rating and above |
Turnover more than 20 crore
S. No. | Business | Capacity |
---|---|---|
1. | All food processing/ Manufacturing units including re-labelers and re-packers having capacity | upto 2 MT per day |
2. | Dairy units | handling up to 50000 liter per day or more than 2500 MT of milk solid per annum |
3. | Vegetable oil processing units and units producing vegetable oil by process of solvent extraction and refineries including oil expeller unit | More than 2 MT per day |
4. | Meat Processing units | 150 MT per annum |
5. | Slaughtering Units | more than 50 Large animals, 150 small animals, 1000 poultry birds per day |
(Petty Food Business)
A petty manufacturer who himself manufactures or sells any article of food can do business at one location only and thus requires registration with the concerned food authority.
(Medium Food Business)
Suppose FBO is operating within the state, and its limit does exceed the turnover and production capacity enumerated above for central licence. In that case, it requires a state licence or registration at each location at which it carries its food activity. In simple words, if an FBO has ten outlets in a state, it will require ten state license or registration based on its turnover and/or production capacity, i.e. separate state licence or registration for each location.The golden rule is “One premise one license”.
(Large Food Business)
FBO carrying business in more than one state need to apply for the central license in the state in which its head office is located
(Petty Food Business)
Registration is required for Petty Milkman, Milk Vendors. A producer of milk who is a registered member of a dairy Cooperative Society registered under Cooperative Societies Act and supplies or sells the entire milk to the Society does not require registration with FSSAI
(Medium Food Business)
All Cereals, Grains, units of Pulses Milling without any limit on Production capacity require a state FSSAI license
(Large Food Business)
Irrespective of the turnover, production capacity and area of operation following food businesses require the central license: -E-commerce operators like Swiggy, Zomato etc. -Importer/exporter -FBO manufacturing the food which is being introduced in the country -Food catering services in establishments and units under Central government -Agencies like Railways, Air and airport, Seaport, Defense etc.
FSSAI has bifurcated FBO(food business operators) altogether in following categories viz. Dairy and Dairy processing, Food manufacturer who manufactures and sells the food products like biscuits and ready to eat products, processor like pickle, dry fruit maker will fall under this category, retailer is the any shop or establishment who has a retail outlet in India, same goes for wholesaler and distributor, even a transporter transporting the food needs to get a food license, then there are storages and warehouses who also needs food license or registration, basically any business or individual who handles or operates the food between farm to plate needs to obtain food license.
Now the businesses which do not fall under the above two categories, they need to go for FSSAI Central License, the importer and exporters mandatorily needs central license, in case you are in a business having multiple outlets across the country then you need to go for central license for your registered address and also need to get basic state or central licenses depending on the turnover of each outlet.
FSSAI instructionsDocuments required for Obtaining the registration
Documents required for Obtaining the State License
Documents Required For Obtaining the Central License
Fill in the application: Send the form to authority. The required documents are:
Other mandatory documents needed are:
Additional information:
If the licensing authority requires any additional information relating to the application or if the application is found to be incomplete, the same has to be informed in writing within 15 days of your application. The remaining information has to be within 30 days from intimation, if failed to submit the application for the license would be rejected.
Application number:
Once the complete application is received, including the additional information (if asked for) by the Authority, an Application ID number is issued. This ID number has to be used for reference and in all future correspondence. The applicant can expect the license within 60 days of the issue of such an Application ID number.
Inspection report
Once the application ID is received, the Licensing Authority may direct an officer to inspect the premises in which the business has been opened as per the law. The Inspecting Officer may issue a notice, guiding on necessary steps to be taken or changes to be made the premises to ensure general sanitary and hygienic conditions. All the necessary steps have to be taken and changes to be made. The same need to be intimated to the authority within 30 days or within the time period allowed.
License approval
Within 30 days from receipt of the inspection report, excluding the time taken to comply with the feedback in the inspection report, the concerned licensing authority shall consider the application and may either grant a license or reject the application. However, before refusing the license application, the applicant will be given an opportunity of being heard, and if the authority still decides to reject the application, the reasons for refusal shall be recorded in writing.
Receiving of FSSAI license
Finally, license will be issued in Format C under Schedule 2 of the regulations by the licensing authority
Better planning always leads to favorable outcomes. A well-crafted business plan mentioning the prospects of the business, financial aspects which include a detailed report of the expenses in equipment, advertisement, interiors, overheads like electricity, workforce, gas and more.
In India, the mandatory food license to be obtained is from the Food Safety and Standard Authority of India (FSSAI). The license is a unique 14-digit number that ensures the food conforms to the safety standards.
Liquor licenseIf the restaurant serves both liquor and food, then a liquor license has to be obtained from the state’s local excise commission. It can be downloaded directly from government websites. The sale of alcohol inside the restaurant without legal permit is an offence and the owner is liable to a hefty penalty and the business may also be forced to shut down permanently.
Eating house licenseThis license can be procured from the Licensing Police Commissioner of the particular city where the restaurant is being opened.
This license can be procured from the Licensing Police Commissioner of the particular city where the restaurant is being opened.
Health/Trade license:Keeping in mind the well-being of the public, the Municipal Corporation Act, 1957 mandated the Health Trade license for all eateries alike. This has to be issued by the respective state’s Municipal Corporation.
Shop & Establishment Act:As per the law, all commercial establishments including eatery joints, food trucks and all other types of restaurants have to get the Shop & establishment act within one month of registering the business. This act regulates all the working conditions of the employees like work timings, leave policy, recruitment of children and so on. By hiring a legal expert, availing all these licenses is not a hassle.
GST registration:Ever since the GST was introduced to avoid double taxation, a lot of changes are taking place. Hence, it is important for the owners to keep a tab on the new rules for restaurants and their implications.
Certificate of Environmental clearanceA restaurant is legally obliged to ensure its operations are not causing a hazard to nature and environment and is required to get the Certificate of Environmental Clearance from the government.
Employees are the strength of any business and hiring the right people is one of the biggest challenges. Depending on the type of the restaurant, the workforce has to be a balance of people at all levels, executives, chefs, waiters, stewards and so on. It is also essential to decide whether they would be in permanent or contractual positions and all legal agreement documents have to be drafted well.
Although there might be a fair idea on the type of cuisine, a smart menu can create a significant impact. While ideating new dishes, the cost, sourcing of the ingredients and other raw materials, the expertise of the selected chefs all should be kept in mind.
One of the most ignored aspects of the restaurant business is technology. The innovation of technology has been tremendous in the food space ranging from mobile apps, ghost restaurants, and artificial intelligence to robot kitchens and the list is endless. A bit of research on how to use the latest innovations in streamlining the restaurant operations to add a personal touch to the customers can help a way more in branding and popularity.
To get a name in the market applying an effective advertising and marketing strategy is needed. One of the traditional methods that still garner a lot of attention is the distribution of pamphlets in newspapers mentioning about discounts and coupons and other offers. Having a dedicated website and social media channels increase the popularity and credibility of the restaurant and reaching out to food bloggers for influencer marketing is another potential way.
The Food Safety and Standard Authority of India (FSSAI) provides for securing a food license as one of the most essential measures for inaugurating a food industry. After receiving a food/FSSAI license, a business can be inaugurated unobstructed and without any legitimate complexity. But having an FSSAI license is not adequate. As per the FSS (Licensing and Registration) Regulations, 2011, it is correspondingly significant to comply with FSSAI compliances that include filing of the annual returns. All the food business operators (FBOs) who hold a food license and have an annual turnover of ₹12 lakh should deposit the annual return imperatively and within the scheduled period. If anybody slips to deposit the returns within the designated term, he may have to endure severe penalties.
FSSAI Annual ReturnsFood Businesses consist of filing two kinds of returns every year. They are as follows:
To be filed by every food manufacturer, importer, etc. by 31st May
All the food manufacturers, importers, labelers, re-labelers, packers, and re-packers, etc. need to file FSSAI Form D1 mandatorily, either online or in physical form as designated by the Food Safety Commissioner. The FSSAI annual return, Form D1 should be deposited on or before 31st May of each financial year to the Licensing Authority depending on the kinds of food products sold by the FBO in the prior fiscal year.
To be filed by Manufacturer of milk/milk products by 30th September/30th March
The Form D2 is a half-yearly return and isn’t for each food business operator. Alternatively, this needs to be deposited by each FSSAI license holder who is connected in the business of manufacturing or importing milk and/or milk products. FSSAI annual return, Form D2 must be deposited on a half-yearly basis. The term for filing this return is from 1st April to 30th September and from 1st October to 31st March of each financial year.
Note: A separate return shall be filed for every license issued under the Regulations, irrespective of whether the same Food Business Operator holds more than one license. Merchant Exporter can file Quarterly annual report through online system
Every FBO must provide the following data in the form while depositing FSSAI annual returns:
Petty Food Business Operators (FBOs) who are holding FSSAI Registration Certificate (2xxxxxxxxxxxxx) are not required to submit annual return. Only FSSAI Licensed FBOs involved in Manufacturing and Importing of Food Products are required to submit annual returns in form D1 and D2.
As per Section 2.1.13 (3) of, FSSAI, 2011, any delay in filing a return beyond 31st May of each year shall attract a penalty of Rs. 100 per day of the delay.
FSSAI regulates these businesses under the guidelines and regulations listed in FSSAI Act 2006. If you own a food business or working in the food business you need have obtained FSSAI license. Most of the people don’t know that FSSAI License renewal is equivalently significant as that of getting the FSSAI License. An FSSAI License is needed to renew in its validity period itself. Any entrepreneur who desires to start a business in the food sector, be it food processing or food manufacturing, packaging or distributing, has to file for FSSAI along with its renewal in every 1-5 years.
Every FBO is expected to hold a valid food license to ensure that consumers are given with products that are secure for consumption and comply with the standards set down by the Act and the Authority. As per FSSAI guidelines, all food business operators have to
appeal for renewal of the license 30 days before the expiry of the prevailing food license.After approval of the food License from FSSAI usually, it is issued with a validity of 1 year- 5 years. As determined by the FBO from the date of issue of registration or license directed to the enclosure of the fee applicable for the time and agreement with all provisions of the license. Before expiry, the license can be renewed for 1 year to 5 as the case may be, not later than 30 days before the expiry date shown in the license years based on the needs of the license holder. Any renewal application filed exceeding the period mentioned after the expiry date shall be followed by a late charge of ₹ 100 per day for each day of delay.
Penalty on FSSAI Registration RenewalIf Renewal of Food registration isn't done within the stipulated time then it will be considered as a gap and a new license would need to be applied by the food business operator to continue the business further.
Penalty on FSSAI License RenewalIf the application for FSSAI License (state and Central) renewal isn't documented in the stipulated time, then ₹100 per day would be fined for FSSAI Licenses. The License or FSSAI registration will keep on being in power till time arranges on the FSSAI renewal application are passed that must be past 30 days from the date of expiry of FSSAI license.
The process to renew FSSAI license is not difficult at all and can be done in either of two ways
A Basic FSSAI registration can be renewed in 7 days. If the FBO has a Central or State License, then it will take about 30-60 days to renew. But, one can continue working in the business if they have submitted the application
If the application for FSSAI license renewal is not registered within the specified time, then ₹100 for per day of delay would be charged. If the application of a renewal license is not been applied within the specified time then it viewed as expired, and a new license needs to be applied in case the business has to maintain operations. So to avoid the penalty, it is suggested to renew the license in time. The Registration of License will remain to be in force till such the time orders on the renewal application are permitted, which must not exceed 30 days from the date of expiry of registration or license. If you do not want to attract any fine, then keep your FSSAI license latest. You are advised to renew your FSSAI license before its expiry and it is constantly better to apply for FSSAI registration renewal, the time you receives the notification.
One must go for FSSAI registration revival 30 days before the expiration of the license to evade the charges of late renewal of food license.
Checking Compliance for Renewal Application StatusWhen you apply to renew FSSAI license, FSSAI conducts for an inspection of your registered FBO’s premises to inspect for compliance with regulations. In, this procedure the regulations which have been set by FSSAI under the FFSA are monitored by a Food Safety Officer. The officer checks the agreement, quality of products amenities, working provisions and food approach techniques of the operators. In regards to the same, the Food Safety Officer assigns/ checks the FBO’s compliance levels as Compliance(C), Non-Compliance (NC), Partial Compliance and Not Applicable/Not Observed (NA).
Form C Modification | Non-Form C Modification |
---|---|
If there is any change in the particulars appearing in license like name of the applicant, its address, production capacity, kind of business, product, FBO need to apply for modification with a fee of ₹1000 plus a fee equal to the difference in annual fee in case of up-gradation of license. If there is no up-gradation of license Form C modification fee will be ₹ 1000 only. | It is a type of modification in which particulars appealing in the license does not change. It could be in case of change of nominee, Change in contact details of authorized person or directors/partners/proprietor of the applicant entity, change in any supporting document attached at the time of grant of license. No fee is required for modification of non-form C details. |
Food Safety & Standards Authority of India (FSSAI) has developed inspection checklist for facilitating Food Safety Officers to efficiently inspect the Food Business Operators FBOs. The inspection checklists are used to identify the level of compliance with each requirement that is set out in the regulation These inspection checklists are based on revised Schedule 4 of Food Safety & Standards (Licensing & Registration of Food Businesses) Regulation, 2011 and have been developed for following sectors –
Corrigendum dated 14th May 2020 regarding Implementation of Revised Food Safety Inspection checklists. (uploaded on: 20.05.2020)
Marking and Grading SystemThe inspection checklist includes food safety observations which will be given marks by the Food Safety Officers. Based on the marking, the FBOs will be graded as A+, A etc. A marking and grading scheme has been developed to facilitate the Food Safety Officers in doing the inspection. The inspection checklist has been divided into five major sections namely –
The Food Safety Officer will inspect the facility of the FBO according to the requirements as laid down in the inspection checklist and accordingly will mark the finding as compliance (C), non-compliance (NC), partial compliance (PC) & Not applicable/Not observed (NA). All the requirements are allotted 2 marks and there are few requirements which are asterisk marked (*) which are allotted 4 marks. Non observance to any of the asterisk marked (*) finding will lead to Non-Compliance (NC), as they are critical to food safety. Each finding will be awarded marks as mentioned below –
S.No. | Finding | Marks to be awarded | Marks to be awarded in Asterisk Mark (*) question |
---|---|---|---|
1. | Compliance (C) | 2 | 4 |
2. | Non-Compliance (NC) | 0 | 0 |
3. | Partial compliance (PC) | 1 | 0 |
4. | Not applicable/Not observed (NA) | 2 | 4 |
Compliance – Yes, the requirement is fully documented and implemented. Adherence with the requirement with no major or minor conformance is observed.
Non-compliance - No, the requirement is not documented and implemented. Non adherence with the requirement with major non - conformance is observed.
Partial Complian-ce - Requirement is partially implemented but not documented or partially documented but not implemented. A non conformity that, based on the judgment and experience of the FSO, is not likely to result in the failure of the food safety management system or reduce its ability to assure controlled processes or products. It may be either a failure in some part to a specified requirement or a single observed lapse.
Partial Compliance is not applicable to asterisk marked (*) requirements as they are critical to food safety.
Not Applicable/Not observed (NA) – Requirements are not applicable to FBO & hence cannot be observed.
Awarding the marks as per the finding against the requirements, total marks are calculated & based on the final marks, grading of the FBOs is done. The grading has been divided into 4 levels, i.e. A+, A, B and no grade.
Grade | Status | Marks required |
---|---|---|
A+ | Compliance – Exemplar | 90 & above |
A | Compliance – Satisfactory | 80 - 89 |
B | Needs Improvement | 50 - 79 |
No Grade | Non Compliance | Below 50 |
S.No. | Kind of Business | Inspection checklist |
---|---|---|
1. | Manufacturer | |
i | Dairy units including milk chilling units equipped to handle or process | Milk processing |
ii | Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit | General manufacturing |
iii | Slaughtering units | Slaughter house |
iv | Meat processing units | Meat processing |
v | All food processing units including re-labelers and re-packers | General manufacturing |
vi | Food business operators manufacturing any article of food containing ingredients or substances or using technologies or processes or combination thereof whose safety has not been established through these regulations or which do not have a history of safe use or food containing ingredients which are being introduced for the first time into the country.(They need to apply for product approval at FSSAI(HQ) separately before applying for license) | General manufacturing |
S.No. | Kind of Business | Inspection checklist |
---|---|---|
2. | Other Businesses | |
i | Storage (Except Controlled Atmosphere and Cold ) | Storage |
ii | Storage (Cold/ Refrigerated) | Storage |
iii | Storage (Controlled Atmosphere + Cold) | Storage |
iv | Wholesaler | Depending on the activity they are performing; the relevant inspection checklist would be applicable (Transport, retail, storage etc.) |
v | Retailer | Retail |
vi | Distributor | Depending on the activity they are performing; the relevant inspection checklist would be applicable (Transport, retail, storage etc.) |
vii | Food Vending Agencies | Retail |
viii | Supplier | Depending on the activity they are performing; the relevant inspection checklist would be applicable (Transport, retail, storage etc.) |
S.No. | Kind of Business | Inspection checklist |
---|---|---|
ix | Caterer | Catering |
x | Dhaba, Boarding houses serving food , Banquet halls with food catering arrangements, Home Based Canteens/ Dabba Wallas, Permanent/ Temporary stall Holder, Food stalls/ Arrangements in religious gatherings/ fairs etc., Fish/ Meat/ Poultry shop/ seller or any other food vending establishment | Catering |
xi | Club/ Canteen | Catering |
xii | Hotel | Catering |
xiii | Restaurant | Catering |
xiv | Transporter (having a number of specialized vehicles like insulated refrigerated van/ wagon, milk tankers etc.) | Transport |
xv | Marketer | Depending on the activity they are performing; the relevant inspection checklist would be applicable (Transport, retail, storage etc.) |
xvi | Petty retailer of snacks/ tea shops | Retail |
S.No. | Kind of Business | Inspection checklist |
---|---|---|
3. | Premises at Central Govt. Agencies | |
i | Food Catering/ Canteen Services in Central Govt. Agencies | Catering |
ii | Storage (Except Controlled Atmosphere and Cold ) | Storage |
iii | Storage (Cold/ Refrigerated) | Storage |
iv | Storage (Controlled Atmosphere + Cold) | Storage |
v | Wholesaler | Depending on the activity they are performing; the relevant inspection checklist would be applicable (Transport, retail, storage etc.) |
vi | Retailer | Retail |
vii | Distributor | Depending on the activity they are performing; the relevant inspection checklist would be applicable (Transport, retail, storage etc.) |
S.No. | Kind of Business | Inspection checklist |
---|---|---|
4 | Mid Day Meal | |
i | Caterer | Catering |
ii | Canteen | Catering |
Any registered or licensed person under the FSSAI has to adhere to the rules and regulation under the FSS Act, 2006. Food safety officer generally conducts the inspection of the food business operator’s facility and identifies the level of compliance with the regulation using a checklist. Based on the compliance level, the food safety officer marks it as:
Based on the above, the food safety officer might issue an improvement notice where ever required per Section 32 of the FSS Act, 2006. If the business operator fails to comply with the improvement notice, the officer after giving the licensee an opportunity to show cause may cancel his license. Any food business operator aggrieved by an improvement notice can appeal to the State Commissioner of Food Safety. The decision thereon can be challenged through appealing to the Food Safety Appellate Tribunal/High Court.
S.No. | Particular | Fine (in rupees) |
---|---|---|
1. | Food quality not in compliance with act | ₹2 Lakh; but for Petty manufacturer– ₹25,000/- |
2 | Sub-standard food | ₹5 Lakh |
3 | Misbranded Food | ₹3 Lakh |
4 | Misleading advertisement or false description | ₹10 Lakh |
5 | Extraneous matter in food | ₹1 Lakh |
6 | Failure to comply with Food safety officer direction | Failure to comply with Food safety officer direction |
7 | Unhygienic processing or manufacture | 1 Lakh |
The Government of India has instituted a scheme for labeling environment-friendly products to be known as ECO Mark. Eco-mark is issued by the Bureau of Indian Standards (BIS) as a certification mark for the products which are ecologically safe conforming to the standards prescribed by the BIS. The Eco-mark scheme falls under the ambit of the Ministry of Environment, Forest and Climate Change. The scheme first saw its application in 1991.Eco-Marks helps in identifying eco-friendly products in the market. The mark is being issued in around 16 categories like food, medicines, chemicals, electronic goods, paper, lubricating oils, packing materials, etc.
Objectives of ECO MARK Label SchemeManufacturers will have to apply for an ECOMARK label for testing and certification. BIS will carry out the necessary testing and certification process.
Once the product gets a label, it can carry the ECOMARK label for a prescribed time period after which it will have to apply again for a renewed license to carry the mark. The minimum period for which the award is given is one year. The award may be withdrawn by the BIS if they find any misleading information. It can also withdraw the award in case of technology advancement or any other valid reason.
ECOMARK CriteriaThe products that come up for certification will be assessed for the following main environmental impacts:
Points to be considered while determining the primary criteria for a product:
Food standards have been always the main concern of the Indian government. To maintain all these standards for the security and safety of the health of the public they have established FSSAI registration for every type of food business operators in India.
To provide assurance of food safety, Food businesses must implement an effective Food Safety Management System (FSMS) based on Hazard Analysis and Critical Control Point (HACCP) and suitable pre-requisite programs by actively controlling hazards throughout the food chain starting from food production till final consumption of food item.
The Food Safety and Standards Authority of India (FSSAI) has been created for laying down science-based principles for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and healthy food for human consumption.
Food Businesses can now be fined ₹5 Lakhs & 6 Months Jail for not having Food License. FoSCos registration or license is required for all entities involved in the manufacture, distribution and transportation of food products. If a business owner does not apply for a license despite meeting eligibility guidelines, then he or she is potentially losing out on improving the procedures and standards of quality.
Some of the FSSAI Guidelines proves that it is working very efficiently for quality improvement, betterment of the society at large and customer satisfaction like-
1. Registrations are granted to small or petty FBOs whose annual turn- over does not exceed ₹ 12 lakhs
2. Registrations are granted by the Registering Authority who may be Designated Officer/ Food Safety Officer or any official in Panchayat, Municipal Corporation or any other local body or Panchayat in an area, notified by the State Food Safety Commissioner
3. Documents required while applying for a Registration:-
4. Registration Card should be exhibited at a prominent place of business premise.
Food Business Operator operating in more than two States has to get Central License for its registered Office/ Head Office and separate license/ Registration for each units depending upon the capacity/ turnover from the concerned State/ Central Licensing Authority.
FSSAI license/Registration for food premises under Railways are issued by the Railways Designated Officers/ Registering Authorities (FSO) notified by Food Authority from time to time.
FSSAI license for food premises in Airport/Seaport are issues by APHO/PHO notified by Food Authority from time to time through Online FLRS system
Licensing Officer can reject the application in the case when the required information is not provided within the stipulated time of 30 days
An improvement notice is if a Food Business Operator fails to comply with the food regulations set in the FSS Act, 2006. An improvement notice can be issued by a Designated Officer (DO) of the food safety department.
If the food business operator has failed to comply with an improvement notice, his license can be suspended by the DO, after allowing him to show cause.
Food Safety and standards Authority of India issues FSSAI License and Registration through its licensing at the central and state level. These licensing authorities have designated officers for grant of license /registration in compliance with the procedure laid down under Food Safety and Standards (Licensing and Registration of Food Businesses), Regulations 2011.
The government fee for license /registration will vary as per the term for which an application for food license/registration is made. A FBO may choose a maximum term of five years as a validity period at the time of making application for food license/registration. Government fee for Food license and registration is as under:
Yes, the food license can be modified if there is any change in the information provided to the licensing authorities at the time of grant of license but the food registration cannot be modified to food license. There are two types of modification. These are:
No, the food license /registration shall be valid for 90 days from the death of license or registration certificate holder for the benefit of legal heir of the deceased. The legal heir shall file an application for transfer of food license /registration in their favor. If there is a delay in filing the said transfer application the designated office may condone such delay by recording reason in writing.
No, the food license of an entity cannot be transferred but a food license procured by an individual could only be transferred to his/her legal heir in case of death.
There are three different types of FSSAI registration, the required time for FSSAI license registration differs.
Food Safety and Security Act of 2006 is an Act and FSSAI has been established under those sets of standards for food products based on science and regulates their production, storage, distribution, sales and imports. Its main motive was to maintain a particular standard of the food quality and to curb the adulteration and substandard quality of food.
Yes, as the Act consolidates various food laws.
Food Safety and Standards Authority of India with the help of State Food Authorities are responsible for implementation & enforcement of FSSA, 2006
The following Acts/Orders mentioned in second schedule of the Act are going to be repealed in Food Safety and Standards Act, 2006:
“Recall” means action taken to remove a marketed food from distribution, sale and consumption which is unsafe and violate the provisions of the Act and the rules & regulations made there under. The purpose is to prevent, reduce or eliminate a risk arising from food to the consumer.
The consumer should complain to the Food Safety Officer / Designated Officer /DC of the area or Food Safety Commissioner of the State.
Yes, whether you manufacture, distribute, transport or trade food additives, you will need an FSSAI license in order to do it.
Perhaps you have a few separate warehouses within one city, and then you will need separate licenses for each. If all your warehouses are confined to one campus, however, you can apply for a single license citing the campus’s address.
FSSAI license is based on premise. All kinds of food business activities which are being conducted at the same premise can be applied for in a single FSSAI license.
FBO can approach concerned Designated Officer of concerned area. Designated Officer will create User ID and issue you a new system generated license number which can be renewed through online process, whenever required.
TIt will minimize the number of documents required during renewal of license. The old license number will also be attached with the new license number. FBOs will be able to track the application during the course of processing through the FSSAI‟s online food licensing and registration system.
Petty Food Business Operators (FBO) who himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator having annual turnover up to ₹12 Lacs and/or whose
These FBOs are required to obtain FSSAI Registration Certificate by applying on Food Licensing and Registration System. This Registration Certificate is embedded with QR code and has the image of FBO with 14-digit Registration number starting with 2 (2xxxxxxxxxxxxx).
On the suspension or cancellation of his/her License or registration, a food business operator needs to stop food business activities immediately. Carrying out any food business activity on suspended or cancelled License/Registration is an unlawful activity and shall attract penal actions under FSS Act, 2006.
No. FSSAI License/Registration is not required for utensils or packaging material as these are not covered under the definition of food as per Section 3(n) of FSS Act, 2006
After a period of 3 months from the date of cancellation under Regulation 2.1.8 (3), the Food Business Operator may make a fresh application for Registration or license to the concerned authority if all observations made in the improvement notice have been complied with.
Respond to the queries raised by Licensing or Registering Authority within 30 days. The application for the editing/modification shall be available on the dashboard of the applicant. If an applicant does not respond to the queries of Licensing or Registering Authorities, the application will be rejected.
Every Licensed FBO shall inform the Licensing authority in Form IX, the particulars relating to the concerned head or the person in-charge of such establishment, branch, unit, with due certification that the concerned person has been so nominated for the purpose of compliance under FSS Act and Rules and Regulations made thereunder. Every FBO, other than proprietor needs to nominate a person and convey to Licensing Authorities in Form IX.
As per condition of License, FBOs involved in manufacturing/ processing of Oils shall have in-house laboratory facility for analytical testing of products. Further, FSSAI vide order number 15023/02/2017-QA (pt-2) dated 15th October 2019 has issued directions that all Dairy Processing units should follow a standardized Scheme of Sampling, Testing and Inspection for monitoring of internal controls to ensure safe and good quality of supply of milk and milk products to consumers. Detailed Scheme of Sampling, Testing and Inspection are attached with the order (available at FSSAI‟s website). The scheme came into force from 01st Jan 2020.
A License or registration renewal application can be made as early as 120 days in advance.
FSSAI License is purely premised based. No FBO is allowed to possess more than one license for single premise. All kinds of business shall be linked to single License obtained for single premise. If you are holding one State License and one Central License, you shall surrender the State License and apply for modification of Central License to add Kind of Business mentioned in your State License.
FBOs who get their products manufactured through third party manufacturers need to obtain FSSAI License under “Re-labeler” Kind of Business (KoB). For determining the eligibility criteria, the cumulative production capacity or number of States/UTs where third party manufacturers are located shall be considered.
Star-rating certificate is not a prerequisite document for Hotels to obtain FSSAI License. In case, Hotel has obtained Star-rating certificate from the Ministry of Tourism (HRACC), the FBO needs to upload the same, otherwise, FBO needs to upload a self-declaration that he has not opted for star-rating from Ministry of Tourism (HRACC). Hotels without Ministry of Tourism’s Star rating are categorized along with one and two star Hotels for obtaining FSSAI License. Further, Hotels rated Five Star and above by Ministry of Tourism need to obtain Central License and rest are needed to obtain State License/Registration.
Yes. If an FBO is extracting groundwater (located in over-exploited areas) to conduct food business activities, he needs to obtain NOC from Central Ground Water Authority, prior applying for FSSAI License.
Here the word 'food products handled' means - the food activity for which FSSAI license has been granted.
In the case of medical examination, the year referred to in Clause 10.1.2 shall be reckoned as a financial year. The FBO may in a given financial year get his employees/food handlers tested at any time. Further in case of new food business, new recruits will have to undergo the medical examination before or at the time of joining.
A financial year has two slots of six months i.e. 1st April to 30th September and 1st October to 31st March, 2020.FBO‟s need to get food products tested within these 2 slots of 6 months as per their convenience.