-FSSAI Stands for “Food Safety and Standard Authority of India. FSSAI is an Independent organization under the Ministry of Health.

-FSSAI Registration is mandatory for every individuals or entity that is eligible for an FSSAI food safety Registration or License.

-For Ex. Gol gappa stall, fruits/vegetables vendors, snacks stall, Tea Stall, Samosa, Bread pakoda, retail shops, Temporary Food Stalls like Chinese food stall, South Indian Food etc.

-Maintaining the food quality levels to ensure safety and providing satisfaction to every consumer is the aim of every Food Business Operator.

-The food safety and standards authority of India (FSSAI Registration) plays an important role in formulating the controlling procedures.

The Zomato and Swiggy are presently online delivery and restaurant discovery applications, supporting people to receive online food from any nearby restaurant.

One person can sell Home food online on Zomato and Swiggy, but he must have complied with the essential requirement to sell Home Food Online:-

To partner with the Zomato or Swiggy, one person should do FSSAI Registration and acquire the Food Licence along with having the GST Registration.

FSSAI Registration and License

FSSAI yields three types of license based on the essence of the food business and turnover:

  • Registration:For Turnover less than Rs 12 Lakh
  • State License: For Turnover between Rs. 12 Lakh to Rs 20 Crore
  • Central License: For Turnover above Rs 20 Crore

Other models like the situation of the business, the number of retail stores etc. is required while evaluating the nature of license applicability.

Basic Registration

A Petty food business that has an annual turnover of not more than Rs. 12 Lakhs or falls under the following criteria;

Eligible individuals/entity to obtain FSSAI Registration

1 All food processing units including re-labellers and re-packers Turnover not exceeding 12 lakhs and whose production capacity of food does not exceed 100 kg/ltr per day.
2 Dairy units including milk chilling units equipped to handle or process Up to 500 litresper day or up- to 2.5 MT per annum.
3 Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit Turnover up to 12 lakhs annum.
4 Slaughtering units Large animals up to 2 Small animals up-to 10 Poultry birds up-to 50 per day.
5 Meat processing units Turnover up to 12 lakhs annum.

State License

FSSAI State license is applicable for Food businesses whose turnover is more than 12 lakhs but below 20 crores annually or falls under the following criteria;

FSSAI State License:

1 All food processing units including re-labellers and re-packers More than100kg/litre per day to 2 MT per day.
2 Dairy units including milk chilling units equipped to handle or process 501 litres per day to 50,000 litres per day of milk or more than 2.5 MT of milk solids per annum.
3 Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit Up to 2 MT and Turnover above 12 lakhs per annum.
4 Slaughtering units Large animals more than 2 and up to 50

Small animals more than 10 and up to 50

Poultry birds more than 50 and up to 1000

5 Meat processing units 5001m meat per day or 150 MT per annum.

Central License

FSSAI Central license is applicable for Food businesses whose turnover is more than 20 crores annually or falls under the following criteria;

1 All food processing units including re-labellers and re-packers More than 2 MT per day.
2 Dairy units including milk chilling units equipped to handle or process More than 50,000 litres per day of milk or more than 2500 MT of milk solids per annum.
3 Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit More than 2 MT per day.
4 Slaughtering units Large animals more than 50 per day

Small animals more than 150 per day

Poultry birds more than 1000 per day.

5 Meat processing units More than 5001m meat per day or 150 MT per annum.

Procedure for Obtaining FSSAI Registration

1. FSSAI registration is initiated by submitting Form A (application) to the Food and Safety Department.

2. This application can be accepted or it may be rejected by the Department within 7 days from the date of receipt of an application and the rejection has to be intimated to the applicant in writing

3. If the application is accepted, then the department will grant a registration certificate with the registration number and the photo of the applicant.

FBO should prominently display the certificate of registration at the place of business during the business hours

Moves to implement for FSSAI Registration:

FSSAI has originated a Food Safety Compliance System (FoSCoS) substituting the present Food Licensing and Registration System. Users are now expected to visit https://foscos.fssai.gov.in/ and login through the same user Id and password.

Here is the stepwise pattern for registration:

Step 1: Go to the website https://foscos.fssai.gov.in/. Click on ‘Apply for Registration Certificate on the home screen. The registration fee is Rs. 100 per year:

Step 2Enter Email-Id or Mobile Number and captcha code. Later clicking on submit, a verification code (OTP) will be given to the given Email-Id or Mobile Number. Enter the code and continue.

Step 3: Pick the State after understanding the Note before moving.

Step 4: Understand the Group Heads of nature of Business. Click on Kind of Business beneath which the food business drops and click on the radio button under it to continue further..

Step 5: Fill in all the necessary domains as given in Form A.

Step 6: Upload the needed papers, give the application fee with possible modes and submit the application.

Step 7: Next after making the payment, a receipt will be produced with a 17-digit reference number which can be practised for forthcoming reference..

Tracing FSSAI registration application status

You can trace the situation of your application utilising the reference number on https://foscos.fssai.gov.in/.

This application can be accepted or it may be rejected by the department within 7 days from the date of receipt of an application and the rejection has to be intimated to the applicant in writing.

After successful registration, a 14- digit registration or license number is given. This number is printed on all the food packages. This 14 digit registration number gives details about the assembling state, producer’s permit.

Important Documents

The common documents required for Basic, State and Central Registration are a passport photo and a photo ID proof.

For State and Central license, the following additional documents will be needed:

  • A completed and signed Form B
  • Address proof
  • List of food category and products
  • Layout plan of the proposed location
  • List of equipment
  • NOC from municipality
  • Incorporation certificate
  • List of directors/partners
  • MOA and AOA
  • Water test report
  • Import Export Code

Documents required For Obtaining the State License:

  • Form B duly completed and signed
  • Plan of the processing unit showing the dimensions and operation-wise area allocation
  • List of Directors/ Partners/ Proprietor with address, contact details, and photo ID
  • Name and list of equipment and machinery used with the number and installed capacity
  • List of food category to be manufactured
  • Authority letter from manufacturer nominated a responsible person name and address
  • Analysis report of water to be used in the process to confirm the portability
  • Proof of possession of premises
  • Partnership deed/ affidavit of proprietorship
  • NOC and copy of License from the manufacturer
  • Copy of certificate obtained under Coop Act 1861/Multistate Coop Act 2002
  • Food safety management system plan or certificate

Documents Required For Obtaining the Central License:

  • Form B duly completed and signed
  • Plan of the processing unit showing the dimensions and operation-wise area allocation
  • List of Directors/ Partners/ Proprietor with address, contact details, and photo ID
  • Name and list of equipment and machinery used with the number and installed capacity
  • List of food category to be manufactured
  • Authority letter from manufacturer nominated a responsible person name and address
  • Analysis report of water to be used in the process to confirm the portability
  • Source of raw material for milk, meat etc
  • Recall plan wherever applicable
  • Ministry of Commerce Certificate for 100% EOU
  • NOC/PA document issued by FSSAI
  • IE code document issued by DGFT
  • Form IX
  • Certificate from Ministry of Tourism
  • Proof of possession of premises
  • Partnership deed/ affidavit of proprietorship
  • NOC and copy of License from the manufacturer
  • Food safety management system plan or certificate
  • NOC from the municipality or local body
  • Supporting document for proof of turnover  and transportation
  • Declaration form

Consequences of Non-Compliance

Any registered or licensed person under the FSSAI has to adhere to the rules and regulation under the FSS Act, 2006. The Food safety officer generally inspects the food business operator’s facility and identifies the level of compliance with the regulation using a checklist. Based on the compliance level, the food safety officer marks it as:

1. Compliance (C)

2. Non-compliance (NC)

3. Partial compliance (PC)

4. Not applicable/Not observed (NA)

Based on the above, the food safety officer might issue an improvement notice where ever required per Section 32 of the FSS Act, 2006. If the business operator fails to comply with the improvement notice, the officer after allowing the licensee an opportunity to show cause may cancel his license. Any food business operator aggrieved by an improvement notice can appeal to the State Commissioner of Food Safety. The decision thereon can be challenged through appealing to the Food Safety Appellate Tribunal/High Court.

Penalty for Non- Compliance

Listed is the penalty for various type of non-compliance:

Sl.No Particulars Fine
1 Food quality not in compliance with the Act 2 Lakh Petty manufacturer – 25,000/-
2 Sub-standard food 5 Lakh
3 Misbranded Food 3 Lakh
4 Misleading advertisement or false description 10 Lakh
5 Extraneous matter in food 1 Lakh
6 Failure to comply with Food safety officer direction 2 Lakh
7 Unhygienic processing or manufacture 1 Lakh

*****

Disclaimer: The entire contents of this document have been prepared based on relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided, I assume no responsibility, therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not professional advice and is subject to change without notice. I assume no responsibility for the consequences of the use of such information.

IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION

Tags:

Author Bio

Qualification: CS
Company: N/A
Location: North West Delhi, Delhi, India
Member Since: 15 Apr 2021 | Total Posts: 3
I am a qualified member of ICSI since 2019. View Full Profile

My Published Posts

More Under Corporate Law

Leave a Comment

Your email address will not be published. Required fields are marked *

Search Posts by Date

May 2021
M T W T F S S
 12
3456789
10111213141516
17181920212223
24252627282930
31