Food Safety and Standards Authority of India (FSSAI) has issued a directive emphasizing the mandatory update of Form IX nominee details by Food Business Operators (FBOs). This nominee is responsible for ensuring compliance with the conditions of their food business license. The notice highlights that many FBOs fail to update these details when there is a change, leading to outdated compliance records. As per the Food Safety and Standards Rules, 2011, and the FSS (Licensing and Registration of Food Businesses) Regulations, 2011, FBOs are obligated to inform the licensing authority of any changes in nominee details or modifications to their business operations. Failure to comply attracts penalties under Section 58 of the Food Safety and Standards Act, 2006.
To streamline this process, FSSAI has introduced a provision in the Food Safety Compliance System (FoSCoS), effective February 12, 2025. FBOs can now modify Non-Form C details, including nominee information, without the need for prior approval or scrutiny from authorities. This modification process is free of charge. FSSAI reiterates the importance of maintaining accurate and current information to ensure compliance and avoid penalties. The directive has been circulated to all FBOs, state commissioners of food safety, and FSSAI regional offices, with a copy uploaded on the FSSAI website.
File No. 15(31)2020/FoSCos/RCD/FSSAIPt.18-Part(6) [E-9214]
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
Dated: 18th February 2024
Subject: Mandatory update of Form IX Nominee details by FBOs & auto-approval provision for Non-Form C modifications in FoSCoS-reg.
It has come to the notice of FSSAI that many Food Business Operators (FBOs) are not updating the details of the Form IX nominee responsible for complying with the conditions of the license when the nominated person changes or leaves the company. As a result, the authority lacks up-to-date information on the person responsible for ensuring compliance with the license conditions.
2. In this regard, it is informed that as per Rule 2.5.2 of the Food Safety and Standards Rules, 2011, “the Company shall also intimate to the Licensing Authority, as and when any change occurs in the nomination given in Rule 2.5.1 in Form IXI”
3. Additionally, as per sub-regulation 2.1.9 (1) of the FSS (Licensing and Registration of Food Businesses) Regulations, 2011, it is stated that “Food Business Operators shall ensure that the Registering or Licensing Authority always has up-to-date information on their food business establishments and shall inform the relevant Authority of any modifications or additions or changes in product category, layout, expansion, closure, or any other material information based on which the license was granted and such information shall be conveyed before the changes occur.” Furthermore, sub- regulation 2.1.2 (5) of FSS (Licensing and Registration of Food Businesses) Regulations, 2011 mandates that all Food Business Operator shall ensure that all conditions of license as in Annexure 3 of Form B in Schedule 2 are fulfilled and as per Condition No. 3 [Annexure 3], FBO shall inform Authorities about any change or modifications in activities /content of license.
4. In view of the above, FBOs are directed to ensure that the authorities always have accurate and current information regarding their food business, including any changes in the details provided in Form IX. It is reiterated that failure to provide updated information to the authority attracts penalties as per Section 58 of the Food Safety and Standards Act, 2006.
5. Furthermore, it is informed that effective from 12th Feb 2025, provision is available in the Food Safety Compliance System [FoSCoS] for modifying the details of Non-Form C, including modifying Form IX details without requiring the approval/scrutiny of the concerned authority. This Non-Form C modification can be carried out without fee.
6. This is for the strict compliance by all FBOs.
(Rakesh Kumar)
Director (Regulatory Compliance Division)
Food Safety and Standards Authority of India
To,
1. All Food Business Operators
2. Commissioners of Food Safety of all States/UTs
3. 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
