In the dynamic landscape of the food industry, adherence to regulatory frameworks is crucial for ensuring the safety and quality of consumables. The Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, govern this aspect in India, laying down stringent guidelines for businesses to obtain licenses and registrations. A recent order, introduces a mechanism for self-reactivation of applications that were auto-rejected due to non-compliance with information requests within the stipulated time.
As per the regulatory framework, food business operators (FBOs) are mandated to furnish details sought from the authority within 30 days. Failure to meet this deadline results in an automatic rejection of the license or registration application. However, with the recent order, a significant development has been introduced to empower FBOs with the ability to self-reactivate their auto-rejected applications on the Food Safety and Compliance System (FoSCoS) portal.
Effective from 4th December, 2023, this decision comes with specific conditions that FBOs must adhere to:
1. Single Opportunity for Self-Reactivation: The provision for self-reactivation is a one-time opportunity, applicable only once for any filed application for new license/registration or modification of license/registration.
2. Timeline for Reactivation:
a. Within 30 days of auto-rejection: FBOs have a window of 30 days from the auto-rejection date to self-reactivate their applications without any intervention from the authority. During this period, no additional fee is imposed, but a valid reason for the delay must be provided.
b. During the period of 31st to 60th day: If the self-reactivation is initiated between the 31st to 60th day after auto-rejection, FBOs can still proceed without intervention, but a fee is applicable.
For registration applications, a fee of Rs. 50 + GST (as applicable) is required, while license applications incur a fee of Rs. 500 + GST (as applicable). A valid reason for the delay is mandatory in this scenario as well.
This initiative is poised to significantly reduce waiting times for approval, expediting the process of handling requests for reactivation of auto-rejected applications. It also streamlines the procedure by limiting reactivation requests solely to the FoSCoS portal, with no other modes of request being entertained by any authority.
Non-applicability: It’s important to note that this provision does not apply to cases where the grant of a license has been rejected by a Designated Officer under Section 31(4) of the Food Safety and Standards (FSS) Act, 2006. In such instances, the avenue for appeal lies with the Commissioner of Food Safety, as outlined in Section 31(8) of the FSS Act, 2006. The online provision for making appeals under Section 31(8) is accessible on the FoSCoS portal, directing appeals to the Commissioner of Food Safety of the concerned State/UT for State License and registrations, and to the CEO, FSSAI, in the case of a Central License.
Conclusion: In conclusion, this proactive measure by the FSSAI not only empowers FBOs but also aligns with the broader objective of promoting a robust and responsive regulatory framework that safeguards the interests of both consumers and businesses in the food sector.
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Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary dealing in Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.
The author can also be reached at cstanveersaluja@gmail.com.
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