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  1. FSSAI eligibility, Application for License/Registration, Validity, Suspension or Cancellation of License and Transfer of License

♣   APPLICATION FOR FSSAI REGISTRATION:

1. The petty food manufacturer along with application for registration provides a self attested declaration of adherence to requirements related to general hygiene and sanitary requirements with the application.

2. On application for registration, Registering authority either grants registration or rejects it or issue notice for inspection, within 7 days of receipt of an application for registration.

3. In the event of an inspection being ordered the registration shall be granted by the Registering Authority within a period of 30 days after being satisfied with the safety, hygiene and sanitary conditions are being complied with.

4. The petty food manufacturer may start its business, subject to compliance of any improvement suggested later by registering authority in the following cases:

  • Where registration is granted.
  • Where registration is not granted, or not rejected or inspection not ordered within 7 days of application
  • Where no decision is ordered by Registering Authority within a period of 30 days in case of inspection order.

♣   APPLICATION FOR FSSAI LICENSE:

1. An application for the grant of a license shall be made in Form B it will be accompanied by a self-attested declaration and such copies of documents (FOR STATE LICENSE AND CENTRAL LICENSE) along with the applicable fees as prescribed.

2. On the receipt of a complete application, (including any additional information if demanded by Licensing Authority) the Licensing Authority shall issue an Application ID number to each applicant.

3. A license shall, be issued by the concerned Licensing Authority within a period of 60 days from the date of issue of an application ID.

4. An applicant may commence his food business and the concerned licensing Authority shall not deny the applicant to commence such business, if license is not issued within 60 days.

♣   VALIDITY OF FSSAI REGISTRATION / LICENSE:

A Registration or license shall be valid for a period of 1 to 5 years as chosen by the Food Business Operator from the date of issue of registration or license.

♣   APPLICATION FOR RENEWAL OF FSSAI REGISTRATION / LICENSE:

1. Any application for the renewal of a registration or license shall be made not later than 30 days prior to the expiry date of License/registration.

2. The Registration or License shall continue to be in force till such time that the orders are passed on the renewal application which in no case shall be beyond 30 days from the date of expiry of registration or license.

3. Any renewal application filed beyond the period mentioned above but before the expiry date shall be accompanied by a late fee of Rs 100 per day for each day of delay.

4. If renewal application not applied, license shall expire and the Food Business Operator shall stop all business activity.

5. If FBO wants to restart the business the Food Business Operator will have to apply for fresh Registration or license.

♣   SUSPENSION/CANCELLATION OF FSSAI LICENSE OR FSSAI REGISTRATION:

1. Registering or Licensing Authority may at any time suspend any registration or license if there is reason to believe that the Food Business Operator has failed to comply with the conditions within the period mentioned in any Improvement Notice served u/s 32.

2. Registering authority may cancel the license/registration, if Food Business Operator has still failed to comply with the conditions of the improvement notice issued by authority within the period mentioned in such Notice.

3. After a period of 3 months from the date of cancellation, the Food Business Operator may make fresh application for Registration or license if all observations made in the improvement notice have been complied with.

♣   TRANSFER OF LICENSE / REGISTRATION IN THE EVENT OF DEATH:

1. In the event of death of the holder of a Registration certificate or license, such certificate or license shall subsist for the benefit of the legal representative or any family member of the deceased or until the expiry of:—

(i) the period of 90 days from the date of death of the holder of a Registration certificate or license; or

(ii) such longer period as the Designated Officer may allow, for reasons to be recorded in writing.

2. The legal representative or family member of the deceased holder shall apply to the concerned Authority for transfer of such certificate or license in his favor.

♣  COMPLIANCE TO BE DONE:

1. Every licensee shall on or before 31st May of each year, submit a return electronically or in physical form in ‘Form D-1’

2. Every licensee engaged in manufacturing of milk and/or milk products shall file half yearly returns for the periods 1st April to 30th September and 1st October to 31st March of every financial year in the form D-2.

However, for the F.Y. 2019-2020 authority has extended the timeline for submission of annual return and half yearly return for the period from 1st October to 31st March,till 31st July, 2020. Click Here to read notification

3. A separate return shall be filed for every license issued, if same Food Business Operator holds more than one license.

4. Any delay in filing return beyond 31st May of each year shall attract a penalty of Rs 100 per day of delay.

♣   FSSAI LICENSE / REGISTRATION ELIGIBILITY CRITERIA: CLICK HERE

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Author Bio

Author is a Practicing Company Secretary and Proprietor of Rohit Bhatia & Associates. He has an experience of more than 2 years (including internship period) in the firm and corporate world. He got exposure in various fields i.e. Secretarial Work, Registration of Trademark, FSSAI Registration/Li View Full Profile

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