The Food Safety and Standards Authority of India (FSSAI) plays a pivotal role in ensuring the safety and standards of food products across the country. In line with its regulatory mandate, FSSAI regularly issues advisories and guidelines to promote compliance among food businesses. One such recent advisory pertains to the submission of annual returns by food businesses, as outlined in Clause 2.1.13 of the FSS (Licensing and Registration of Food Businesses) Regulations, 2011.
The advisory specifies the eligibility criteria for food businesses required to submit annual returns, which include manufacturers (including repackers and relabellers), importers, and manufacturer-exporters. The deadline for submission without penalty is set as 31st May of every year, with online submission through FoSCoS (Food Safety Compliance System) being the acceptable mode.
Non-compliance with the submission deadline incurs penalties, with a charge of INR 100 per day starting from 1st June. The maximum penalty imposed can reach up to five times the annual license fee. However, food businesses are provided with a provision to file revised annual returns, albeit with certain conditions. Revised returns filed by 31st May incur no fee, whereas those filed between 1st June and 31st March of the following year attract a fee, as per the FSSAI order dated 8th January 2024.
The advisory emphasizes the importance of adhering to the submission timeline and states that requests for penalty waivers due to delay or non-submission will not be entertained. Additionally, food business operators are informed of the option to seek assistance from Food Safety Mitras for filing annual returns at a fixed charge of INR 500. These Mitras can provide guidance and support to ensure compliance with FSSAI regulations.
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File No: 15(31)2020/FoSCoS/RCD/FSSAIpt1-Part(4)
Food Safety and Standards Authority of India
(A Statutory Authority established under the Food Safety and Standards Act, 2006)
(Regulatory Compliance Division)
FDA Bhawan, Kotla Road, New Delhi -110002
FoSCoS [https://foscos.fssai.gov.in]
Dated, 16th April, 2024
Advisory
Subject: Annual Return Submission by the Food Businesses -reg.
Reference is drawn to the Clause 2.1.13 of FSS (Licensing and Registration of Food Businesses) Regulations, 2011 which specifies the condition for submission of annual returns by manufacturers and importers by 31st May of every year for the food business activities conducted during the previous financial year. In this regard, food businesses shall note the following points while submitting Annual Return, in lieu of the orders issued by FSSAI from time to time:
- Eligible FBOs: Manufacturers [including Repacker and Relabeller], Importer and Manufacturer-Exporter
- Last Date without penalty: 31st May every year
- Acceptable Mode of Submission: Online through FoSCoS only
- Penalty for non-submission: 100 per day wef 1st June
- Maximum Penalty: 5 times the Annual License Fee
- Provision to file Revised Annual Return: Yes
- Without Fee, if revised upto 31st May
- With Fee, if revised between 1st June and 31st March of following year. Refer FSSAI Order dated 8th January 2024.
2. In view of the above, it is advised to all the eligible Food Business Operators to strictly adhere to the timeline for filing Annual Return. It is to further mentioned that no request for waiver of penalty in case of delay / non-submission of Annual Return shall be considered.
3. If required, food business operators may seek help of Food Safety Mitra for assistance in filing Annual Returns at the fixed charge of Rs. 500. The details of Food Safety Mitra can be obtained from FoSCoS Homepage.
4. This issues with the approval of competent authority.
(Rakesh Kumar)
Director (Regulatory Compliance)
To:
- All Food Business Operators, Associations, Food Safety Mitra, and other stakeholders
- Commissioners of Food Safety of all States/UTs
- Directors of all Regional Offices, FSSAI
Copy for information to:
1. PPS to Chairperson, FSSAI
2. PS to CEO, FSSAI
3. CTO – for uploading on FSSAI website
