The Food Safety and Standards Authority of India (FSSAI) has taken a significant step to facilitate ease of doing business by introducing a provision for instant (Tatkal) issuance of licenses/registrations for certain categories of food businesses. This initiative, as outlined in F. No. RCD-05007/1/2021-Regulatory-FSSAI-Part(5), aims to streamline the process for food business operators, making it quicker and more efficient. The new system, accessible through the Food Safety Compliance System (FoSCoS), leverages digital verification methods to ensure compliance while reducing wait times significantly.
Detailed Analysis
Regulatory Background
According to the FSS (Licensing and Registration of Food Businesses) Regulations, 2011, licenses must be granted within 60 days, and registrations within 7 days. However, to further promote ease of doing business, the FSSAI has now enabled instant issuance of licenses/registrations for specific categories such as wholesalers, distributors, retailers, transporters, storage without atmospheric control, importers, food vending agencies, direct sellers, and merchant-exporters.
Key Features of the Instant Issuance Scheme
1. Eligibility and Scope:
- The instant issuance is applicable to select kinds of businesses (KoBs) and certain food product categories as detailed in Annexure-1.
- It includes a range of food businesses from importers to petty retailers and hawkers, though certain restrictions apply regarding specific food categories like meat and fish.
2. Digital Verification:
- Proprietorship firms are verified through GST and AADHAAR.
- Partnership/Registered firms undergo verification via CIN/GST and AADHAAR.
- For registration of petty food business operators (FBOs), verification is done through PAN and AADHAAR, with specific conditions for different categories.
3. Declaration and Documentation:
- Applicants must declare that they do not possess a valid license/registration for the same premises and that their license/registration has not been suspended or canceled in the past three months.
- They are also required to upload photographs of their unit, specifically showing the entrance/front face of the unit.
4. Validity and Fees:
- The instant licenses/registrations are valid for one year and can be renewed as per the existing procedures.
- Applicants must pay the entire annual fee at the time of application.
5. Disclaimers and Enforcement:
- The instantly issued licenses/registrations include disclaimers about the self-declaration basis and potential penalties for false declarations.
- Jurisdictional authorities retain full enforcement powers to ensure compliance with the FSS Act, 2006.
Implementation and Rollout
The instant issuance scheme is initially rolled out in the states/UTs of Assam, Delhi, Gujarat, Jammu & Kashmir, and Kerala starting June 2024. The system allows applicants to apply through the homepage of the FoSCoS portal, with a user manual available under the ‘User Manual/Guidance Document’ tab for assistance.
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F. No. RCD-05007/1/2021-Regulatory-FSSAI-Part(5) [Comp. No. 10043]
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
Food Safety Compliance System, FoSCoS [https://foscos.fssai.gov.in]
Dated, 01stJuly, 2024
Subject: Ease of doing Business — Launch of provision for Instant (Tatkal) issuance of License/ Registration in certain categories of food businesses-reg.
According to the FSS (Licensing and Registration of Food Businesses) Regulations, 2011, licenses must be granted within 60 days and registrations within 07 days. To facilitate ease of doing business, it has been decided by the Food Authority, to enable instant issuance of licenses/registrations for specific categories such as wholesalers, distributors, retailers,
transporters, storage without atmospheric control, importers, food vending agencies, direct sellers and merchant-exporters. This instant issuance via FSSAI’s Food Safety Compliance
System (FoSCoS) shall be subject to digital verification through GST, CIN, PAN, AADHAAR, etc. and conditions as laid down under para 2 below. This will be an additional option alongside the existing procedure for applying and obtaining licenses/registrations.
2. The above scheme of instant issuance of license / registration shall have following changes (and conditions) w.r.t existing procedure:
i. Only for select Kind of Businesses [KoB] and certain Food Product Categories within the KoB shall be as per Annexure-1.
ii. Methods for Digital Verification in case of License:
a) Proprietorship firms: Verification through GST and AADHAAR
b) Partnership/Registered Firms: Verification through CIN/GST and AADHAAR
iii. Methods for Digital Verification in case of Registration: Verification through PAN and AADHAAR for Petty FBOs [Sr. No. 1 to 9]; For Sr. 10 & 11 — only AADHAAR (as per KoBs) as mentioned in the Annexure-1.
iv. The applicant will be required to declare that –
‘He/she does not possess the valid license / registration at the same premises or his /her license /registration has not been suspended or cancelled by the authorities in past three months’.
v. The applicant will be required to upload photographs of the unit, specifically including
images of the entrance/front facing of the unit, which shall help in identifying their food business unit for which license/registration has been obtained instantly.
vi. The validity of Instant License/Registration will be One year. Thereafter, it may be
renewed as per existing procedure for renewal of License /Registration.
vii. The applicants will be required to pay the entire annual fee for license/ registration during filing of application.
viii. Instantly granted License / Registration shall have following disclaimers, displayed on the page-1 of License /Registration copy:
Disclaimer:
- This is an instantly issued license/ registration based on self declaration made by the applicant. Any false declaration shall attract penalty up to Rs. 10 lakhs under Section 61 of the FSS Act, 2006.
- This license / registration copy shall not be used to claim ownership of the premise.
- Jurisdictional Designated Officer / Registration Authority / Food Safety Officer shall have all the powers as laid down under FSS Act, 2006, Rules and Regulations made thereunder to conduct any enforcement activity in their jurisdiction to enforce the provisions of Food Safety against these instantly issued License / Registration.
3. To start with, Instant (tatkal) issuance of License/Registration, as per above conditions, except for Partnership /Registered firms as mentioned under para 2(ii) above will be rolled out in the States/UTs of Assam, Delhi, Gujarat, Jammu & Kashmir, & Kerala w.e.f June 2024.
4. A provision for applying and obtaining Instant [Tatkal] License /Registration will be available on the homepage of the Food Safety Compliance System (FoSCoS). The User Manual will also be made available under the ‘User Manual/Guidance Document’ tab in due course on
(Inoshi S arena)
Executive Director(CS)
Email: ed-office@fssai.gov.in
To:
1. All Food Business Operators, Associations, Food Safety Mitra, and other stakeholders
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
4. SBCD — for wider dissemination of the order
Annexure-1
| S. No |
Kind of Businesses [KoBs] allowed for Instant [Tatkal] issuance of License /Registration |
Food categories allowed |
| 1 | Importer | All Food categories allowed |
| 2 | Merchant-Exporter | All Food categories allowed |
| 3 | Wholesaler | All Food categories allowed except 08 — Meat, 09- Fish |
| 4 | Distributor | All Food categories allowed except 08 — Meat, 09- Fish |
| 5 | Retailer | All Food categories allowed except 08 — Meat, 09- Fish |
| 6 | Transporter | All Food categories allowed except 01- Dairy, 08 — Meat, 09- Fish |
| 7 | Storage without Atmospheric Controlled + Cold | All Food categories allowed except 08 — Meat, 09- Fish |
| 8 | Food Vending Agencies | All Food categories allowed except 08 — Meat, 09- Fish |
| 9 | Direct Seller# | All Food categories allowed except 08 — Meat, 09- Fish |
| 10 | Petty Retailer of snacks/tea shops* | All Food categories allowed except 08 — Meat, 09- Fish |
| 11 | Hawker (Itinerant / Mobile food vendor)* | All Food categories allowed except 08 — Meat, 09- Fish |
*For the instant license/registration, prepared food (loose food) is allowed only for serial no 10 and 11. In case of other KoBs mentioned above (excluding S. No. 10 & 11) only pre-packed products are allowed.
Direct seller KoB will be made live by 10th July, 2024.
(Inoshi Sharma)
Executive Director(CS)
