In a recent advisory dated 15th September 2023, the Food Safety and Standards Authority of India (FSSAI) has taken proactive steps to streamline the license application process for the Relabeller kind of business (KoB), addressing concerns raised by Food Business Operators (FBOs) and industry stakeholders.
Background: The FSSAI has received numerous representations from FBOs and industry stakeholders regarding the complexity of the license application process for Relabellers. Specifically, concerns were raised about Licensing Authorities posing manufacturer-related queries, even when FBOs (Relabellers) possess valid online ‘No Objection Certificates’ (NoCs) from FSSAI-licensed or registered manufacturers. This unnecessary querying has been causing delays in processing applications and granting licenses.
Simplified Approach: FSSAI’s advisory aims to simplify the application process. It emphasizes that while applying for a Relabeller license and requesting an online NoC from manufacturers, the FoSCoS (Food Safety Compliance System) ensures that the manufacturer has already endorsed products of the same food product category and sub-category in its license. Therefore, Licensing Authorities are advised not to raise any manufacturer-related queries or seek manufacturer-related information for products under Relabeller kind of businesses if valid online NoCs have been obtained from licensed or registered manufacturers. This streamlines the application process by focusing solely on the Relabeller’s information, without involving compliance checks related to linked manufacturers.
Clear Disclaimer: To eliminate any ambiguity, online NoCs issued by manufacturers to Relabellers will now include a clear disclaimer: “This NoC does not authorize the manufacturer to manufacture the food products unless the mentioned products are endorsed in the manufacturer’s license.” This disclaimer clarifies the scope and limits of the NoC.
Enhanced Features: FSSAI has introduced a new feature in FoSCoS that enables Licensing Authorities to compare modification applications with previously submitted applications. This feature helps identify changes made by food business operators, allowing authorities to focus on modifications rather than reevaluating entire applications.
Targeted Queries: While processing license modification applications, Licensing Authorities may raise queries related to already endorsed products only when there are reasonable grounds, such as changes in Product Standard Regulations for previously endorsed products.
Conclusion: The FSSAI’s advisory demonstrates its commitment to improving and simplifying the license application process for Relabeller businesses. By eliminating manufacturer-related queries when valid NoCs are in place, introducing a clear disclaimer, and utilizing enhanced features in FoSCoS, the FSSAI aims to facilitate smoother and faster approvals. This proactive approach aligns with the authority’s mission to ensure food safety and standards while reducing unnecessary delays for food business operators. Food business operators, associations, and stakeholders are encouraged to take note of these changes to expedite their license applications.
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Food Safety and Standards Authority of India
15th September, 2023
Advisory
Subject: Streamlining the FSSAI License Application Process for Relabeller Kind of Business (KoB)-regarding
ED has conducted search operations in Ahmedabad under the provisions of PMLA, 2002 in case of illegal Forex Trading by TP Global FX. During the search, various incriminating documents, cash amounting to Rs 1.36 Crore, 1.2 Kg of Gold (Approx Rs 71 Lakh), two Luxury Vehicle namely Hyundai Alcazar and Mercedes GLS 350D (approx Rs 89 Lakh) were seized and Rs 14.72 Lakh was freezed in the bank account. Total value of the movable/ immovable properties seized / attached in this case till date is Rs. 242.39 Crore ( approx).
FSSAI has received multiple representations from Food Business Operators (FBOs) and industry stakeholders, expressing concerns regarding the license application process for Relabeller kind of business (KoB). It has come to our attention that Licensing Authorities are raising manufacturer-related queries, even when FBOs [Relabeller] possess a valid online ‘No Objection Certificate’ (NoC) from the FSSAI licensed / registered manufacturers. This results in an unwarranted delay in processing of applications/grant of license.
2. It is to be noted that, while applying for Relabeller license and sending online NoC request to the desired Manufacturer, the FoSCoS ensures that the Manufacturer has already endorsed products of the same food product category and sub-category in its license, for which the Relabeller is seeking NOC. In light of this, the Licensing Authorities are advised, not to raise any manufacturer-related queries (or seek manufacturer-related information) on products under Relabeller kind of businesses with valid online [generated from FoSCoS] NoC obtained from the licensed or registered manufacturers. In other words, the scrutiny of application for Relabeller License may be limited only to the information related to Relabeller i.e. without relating to the compliance by the linked manufacturers. The manufacturers shall anyways be checked for compliance by the concerned Licensing Authorities as per the FSS Act, 2006 and Rules and Regulations made thereunder.
Additinally, in order to eliminate any scope for ambiguity, online NOC’s issued by Manufacturers to Relabellers will now include the following disclaimer:
“This NoC does not authorize the manufacturer to manufacture the food products unless the mentioned products are endorsed in the manufacturer’s license”.
3. Further, the availability of recent feature in FoSCoS now allows licensing authorities to compare the modification application with the previously submitted application, enabling them to identify the changes made by the food business operators. This allows licensing authorities to focus only on the changes made in the modification application.
4. Hence, while processing the License modification applications, the Licensing Authorities may raise queries on already endorsed products, where there is a reasonable ground such as introduction/amendment in the Product Standard Regulations pertaining to already endorsed products etc.
(Inoshi harma)
Executive Director (CS)
To
1. Commissioners of Food Safety of all States/UTs and Directors of all Regional Offices, FSSAI
2. All Food Business Operators, Associations and Other Stakeholders
3. CTO, FSSAI- with a request for uploading on the FSSAI website.
Copy for information to:
1. PPS to Chairperson, FSSAI
2. PS to CEO, FSSAI
