The Food Safety and Standards Authority of India (FSSAI) recently issued a crucial advisory regarding the documentation required for proving premises during licensing applications. This Clarification delves into the specifics of the advisory, outlining the mandatory documents, clarifications, and responsibilities for Food Business Operators (FBOs).
The advisory from FSSAI sheds light on the necessity of providing valid documentation as proof of premises during licensing applications. It references Annexure-2 of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011, and FSSAI order number 15(31)2020/FoSCoS/RCD/FSSAI dated 19.03.2021.
The clarification addresses various concerns raised by stakeholders regarding the list of acceptable documents for proving premises. FSSAI highlights several key documents that may be submitted, including sale deeds, rent agreements, proof of address issued by government authorities, premise registration documents, property tax receipts, utility bills, and more.
Additionally, the advisory emphasizes the responsibility of FBOs to acquire necessary permissions and No Objection Certificates (NOCs) from other government bodies when required. FBOs are required to acknowledge this responsibility through a self-declaration during the licensing or registration process.
In conclusion, the advisory issued by FSSAI provides much-needed clarity on the documentation required for proving premises during licensing applications. FBOs must ensure compliance with the specified documents and understand their responsibilities in obtaining relevant permissions and NOCs. By adhering to these guidelines, FBOs can streamline the licensing process and contribute to ensuring food safety and standards in India.
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File No: RCD-01002/1/2021-Regulatory-FSSAI-Part (6)
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: 12th April, 2024
Advisory
Subject: Clarification on the requirement of document for Proof of Premises for the purpose of making licensing application through FoSCoS-reg.
Reference is drawn to Annexure-2 of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011 and FSSAI order number 15(31)2020/FoSCoS/RCD/FSSAI dated 19.03.2021, which outline the mandatory documents to be enclosed for new license applications to the State/Central Licensing Authority. These documents include the “Sale deed or Rent agreement or Electricity bill, etc.” as proof of possession of premises. Various instances have been come to the notice of FSSAI seeking clarity regarding the list of documents which can be considered for proof of premises for license applications. Accordingly, it is clarified that the following list may be referred for enclosing the document for proof of premises:
i. Sale deed/ Rent or lease agreement (it should have validity of at least six months on the date of the license application)
ii. Proof of address issued by Government Authority (such as Voter ID, AADHAAR etc.) in case of self- owned premises.
iii. Documents relating to Premise Registration by Land Authority.
iv. Property Tax Receipt [of within one year] or valid Insurance of the premise or valid Fire Safety Certificate.
v. Utility Bills from Government Authorised/licensed utility service provider (e.g. Electricity or Water Bills, Broadband Bills, Gas connection, etc.) [Bills should not be older than 3 months on the date of license application].
vi. Any other document issued by Government/ Govt. nominated agency for that premise.
Note:
I. Designated Officers, while scrutinising the application for license, may consider any other document than listed above, which establishes the possession of premises by the FBO.
II. The purpose of the aforementioned documents is to validate / ascertain / identify that the Food Business Operator (FBO) applying for a license possesses the premises.
III. It is important to note that the FSSAI License application should not be used to confirm ownership of the property by the FBO.
IV. Enclosed documents shall reflect the name of the Food Business Operator or its Authorised representative.
V. Once the license is granted, FBO shall upload updated Agreements/NOC through Non-Form C modifications [without any fee], whenever there is change in the information based on which license was granted.
3. It is to be noted that FBO holds the responsibility for acquiring Permissions/No Objection Certificates (NOCs) from other government bodies whenever necessary. This responsibility shall be acknowledged through a self-declaration while applying for a license/registration.
4. This issues with the approval of the CEO, FSSAI.
(Inoshi Sharma)
Executive Director (CS)
Email: ed-office@fssai.gov.in
To:
1. Commissioners of Food Safety of all States/UTs and Directors of all Regional Offices, FSSAI
2. All Food Business Operators, Associations, Food Safety Mitra, and other stakeholders.
3. CTO, FSSAI, with a request for uploading on the FSSAI website
Copy for information to:
1. All Divisional Heads of FSSAI
2. PPS to Chairperson, FSSAI
3. PS to CEO, FSSAI
