Introduction: The Food Safety and Standards Authority of India (FSSAI) has issued an advisory regarding the documentation required for proof of premises when making licensing applications through FoSCoS, specifically addressing businesses operating from shared workspaces. This advisory aims to streamline the licensing process for Food Business Operators (FBOs) in such scenarios.
Detailed Analysis: Traditionally, FBOs secure dedicated spaces with lease agreements for their operations. However, an increasing number of FBOs are now opting for shared workspaces. Recognizing this trend and the challenges it poses, FSSAI has introduced guidelines for proof of premises in shared workspaces.
According to the advisory, FBOs operating from shared workspaces must provide relevant documentation, such as lease agreements or contracts between the FBO and the workspace provider. These documents must be legally valid and may include lease, rent, or contractual agreements.
Additionally, FBOs must ensure that the authorized signatory has a permanent address within any Indian State/UT. Furthermore, if the FBO possesses certificates from other government agencies, additional documents such as GST, PAN/TAN, or CIN are required to be submitted.
It’s important to note that this provision for proof of premises in shared workspaces is applicable to specific kinds of businesses (KoBs), including re-labellers, e-commerce, importers, exporters, food vending agencies, transportation businesses, and head/registered offices. However, it excludes businesses involving the storage of food items.
While scrutinizing applications, licensing authorities will monitor for any instances of food inventory storage in the shared workspace. If such instances are found, clarification may be requested from the FBO before approving the premise for the specified purposes.
FBOs are also reminded of their responsibility to acquire necessary permissions or No Objection Certificates (NOCs) from other government bodies as required. This responsibility is acknowledged through a self-declaration during the license/registration application process.
Conclusion: The FSSAI’s advisory on proof of premises for licensing applications in shared workspaces signifies a proactive approach to accommodate evolving workplace trends while ensuring regulatory compliance and food safety standards. By outlining specific documentation requirements and restrictions, FSSAI aims to facilitate a smoother licensing process for FBOs operating from shared workspaces while maintaining oversight over food safety practices. Compliance with these guidelines is essential for FBOs to navigate the licensing process successfully and contribute to a safe and regulated food industry landscape 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: Document for Proof of Premises for the purpose of making licensing application through FoSCoS in case of Shared Workspaces-reg.
FSSAI is in receipt of representation from Food Business Operators (FBOs) who are operating from shared workplaces, instead of the conventional approach of securing a dedicated floor or building with a lease agreement. These type of food businesses are providing documents such as Work Orders/Work Contracts with the shared Workspace Provider during the filing of licensing application through FoSCoS.
2. In order to address these challenges, and taking the concept of evolving workplace into consideration, it has been decided that if an FBO is able to provide the relevant proof of premise [such as Lease or Rent or Contractual or any Agreement which stands valid in court of law] between the FBO and the Workspace Provider, the same may be considered subject to the condition that FBO has to provide the permanent address of the Authorised signatory within any Indian State/UT. Additionally, if the FBO already possesses certificates from other Government Agencies, an additional document such as GST, PAN/TAN or CIN (whichever is possessed) is also required to be enclosed. Further, this provision of document for proof of premises [shared workspace] is restricted to following Kind of Businesses [KoBs] only, where activities are limited to office-related functions or record-keeping tasks and not for any storage of food items:
i. Re-labeller
ii. e-Commerce
ii. Importer [If Import Export code (IE code) is issued on same location]
iv. Trader/Merchant — Exporter [If Import Export code (IE code) is issued on same location]
v. Food Vending Agencies
vi. Transportation
vii. Head Office/Registered Office
Note: During the scrutiny of the application, if the Licensing Authorities come across any instance of storage of food inventory in the said premises, they may request clarification from the FBO before allowing such premise to be used for above purpose.
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 tick-based self-declaration when 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
