FSSAI: Mandatory linking/ uploading of lab test report

Conditions of License Point No. 12 of Schedule 2 of FSS (Licensing and Registration) of Food Businesses, 2011, specifies that Food Business Operator shall ‘Ensure testing of relevant chemical and/or microbiological contaminants in food products in accordance with these regulations as frequently as required on the basis of historical data and risk assessment to ensure production and delivery of safe food through own or NABL accredited /FSSAI notified labs at least once in six months’.

– In this regard, the FSSAI issued clarification on the frequency of the mandatory bi-annual testing of food products vide Order No. 15(31)2020/FoSCoS/RCD/FSSAI dated 8^th July, 2021. Vide this order, it was clarified that, in order to align mandatory product testing with the submission of online Annual Return which is Financial Year wise, the testing of food products as per the above-mentioned condition, shall be carried out by manufacturers on the basis of Financial Year i.e., first half year from April to September and second half year from October to March.

– Further, it was also clarified that those FBOs who get their new licenses issued in the last months of respective half-year i.e., in the month of September and March shall be exempted from mandatory testing for that preceding & ending half year period. Also, the gap between two mandatory testing of the same food product shall not be less than 3 months.

– In order to bring in transparency and to ease out the filing of Annual Returns by the food businesses at the end of the financial year, FSSAI vide order dated 13^th January, 2023, has mandated that all Manufacturers [including Repackers and Relabellers] shall, through FoSCoS, either upload 6 monthly lab testing reports as per the above-mentioned condition or link such lab reports from the InFoLNet wherever the samples are analyzed by FSSAI notified labs.

– Accordingly, all Manufacturers [including Repackers and Relabellers] are directed to upload/link these lab reports e.f. F.Y. 2022-23.

– The last date for uploading/linking of the six-monthly lab test report for the period April 2022 to September 2022 shall be 31^st March, 2023.

– Thereafter, FBO shall ensure that uploading /linking of the six-monthly lab test report is done on FoSCoS within 1 month from the closing date of respective half yearly period i.e., by 31^st October for the period of April to September and by 30^th April for the period of October to March.

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Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary dealing in Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.

The author can also be reached at cstanveersaluja@gmail.com.