Article explains Benefits, Penalties, Applicability and Registration under Food Safety and Standards Act, 2006 by Food Safety and Standards Authority of India (FSSAI).
FSSAI has been created for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption.
1. Single point access to all laws and departmental controls.
2. FSSAI as a single reference point for all matters relating to Food Safety and Standards, Regulations and Enforcement
3. High degree of consumer confidence in quality & safety of food
4. A single license by the Licensing Authority for one or more articles of food and for different establishments or premises in the same local area
|Penalty for selling food not of the nature or substance or quality demanded.||not exceeding five lakh rupees.|
|Penalty for sub-standard food.||extend to five lakh rupees.|
|Penalty for misbranded food.||extend to three lakh rupees.|
|Penalty for misleading advertisement.||extend to ten lakh rupees|
|Penalty for food containing extraneous matter.||extend to one lakh rupees.|
|Penalty for failure to comply with the directions of Food Safety Officer.||extend to two lakh rupees|
|Penalty for unhygienic or unsanitary processing or manufacturing of food.||extend to one lakh rupees.|
|Penalty for possessing adulterant.||Where adulterant is not injurious to health||not exceeding two lakh rupees;|
|Where adulterant is injurious to health||not exceeding ten lakh rupees.|
|Penalty for contraventions for which no specific penalty is provided.||extend to two lakh rupees.|
FSSAI IS APPLICABLE TO FOOD START UPS AND FOOD BUSINESS ENTREPRENEURS
Anyone who handles, processes, manufactures, sells, serves, stores, distributes, transports or imports food – According to Schedule IV, Food Safety & Standard Regulations 2011.
Therefore, any food business operator that fails to register themselves under FSSAI or procure a FSSAI license or comply with the conditions will have their license suspended or cancelled without a refund of fee.
Licensing and registration process
(1) License is mandatory to commence or carry on any Food Business
(2) License is Optional for Such Units
– Petty Manufacturer
– Petty Retailer
– Itinerant Vendor
– Temporary stall holder
– Small scale industriesOnline GST Certification Course by TaxGuru & MSME- Click here to Join
– Cottage industries
– Such other industries
(3) Desirous Person shall make an Application for grant of a License to the Designated Officer
(4) A single license may be issued by the Designated Officer for one or more articles of food and also for different establishments or premises in the same area.
(5) If the articles of food are manufactured, stored, sold or exhibited for sale at different premises situated in more than one area, separate applications shall be made and separate license shall be issued in respect of such premises not falling within the same area.
HOW CAN WE GET THE REGISTRATION
The Process of application starts with identification of eligibility of your premise. Depending upon the installed capacity (in case of manufactures) and/or turnover (for other kind of Businesses) and/or Location, your Premise may be eligible for any of the following categories:
1. Central License
2. State License
4. Konkan Railway
The very first step to use the portal depends upon the type of license/ certificate FBO is eligible to take:
Step 1 : Check eligibility
Step 2 : Choose Category (above Mentioned)
Step 3 : Read the fee structure/Payment Mode and supporting documents required list before filing application. The portal shall save all the information that you may capture till the time you have saved it. The application will saved as an INCOMPLETE APPLICATION. You can later on proceed the application to complete it.
Step 4 : Food Business Operator has to login in FLRS to apply for Renewal, Modification, Duplicate License /Registration Certificate. Kindly check the supporting documents list and fee structure for Renewal / Modification / Duplicate License /Registration Certificate. FBO can Surrender / transfer (only in case of death of License/Registration certificate holder) the License /Registration certificate without any fee.
Documents to be enclosed for new application for license to State/Central Licensing Authority
1. Form-B duly completed and signed (in duplicate) by the proprietor/ partner or the authorised signatory (mandatory for all)
2. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only)
3. List of Directors with full address and contact details (mandatory for companies only)
4. Name and List of Equipments and Machinery along with the number, installed capacity and horse power used (mandatory for manufacturing and processing units only)
5. Photo I.D and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory. (optional)
6. List of food category desired to be manufactured. (In case of manufacturers)
7. Authority letter with name and address of responsible person nominated by the manufacturer along with alternative responsible person indicating the powers vested with them viz assisting the officers in inspections, collection of samples, packing & dispatch. (wherever applicable)
8. Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only)
9. Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) (optional)
10. Partnership Deed/Affidavit/Memorandum & Articles of Association towards the constitution of the firm. (optional)
11. Copy of certificate obtained under Coop Act – 1861/Multi State Coop Act – 2002 in case of Cooperatives. (optional; wherever applicable)
12. NOC from manufacturer in case of Re-labellers (mandatory)
13. Food Safety Management System plan or certificate (if any)
14. Source of milk or procurement plan for milk including location of milk collection centres etc. in case of Milk and Milk Products processing units. (wherever applicable)
15. Source of raw material for meat and meat processing plants. (wherever applicable)
16. Pesticide residues report of water to be used as ingredient in case of units manufacturing packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health (only for packaged drinking water and mineral/ carbonated water)
17. Recall plan wherever applicable, with details on whom the product is distributed. (optional)
18. NOCs from Municipality or local body. (optional)