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CS Mohit Saluja

For the better life of a human being, the good food is the one of the key factor which provides the proper quantity of vitamins, carbohydrate and other nutrients to a person. Hence, the Government keeps an eye over such traders/ manufactures/ venders who deal in any type of food items. For this Government passes the various laws, rules, regulations from time to time. Food Safety and Standard Act is one of the same. This Act was enacted to “Consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.” Thereafter one of the Regulation passed by the Central Government in 2011 known as “Food Safety and Standard (Licensing and Registration of Food Businesses) Regulations, 2011”. These regulations came into force on August 5, 2011. These regulations generally deal with registration of venders, manufacturers and other traders who deal in sale, purchase of various food items.

WHO SHOULD APPLY FOR LICENSE

All Food Business Operators including Petty Food Business Operators like Retailers, hawker, temporary stall holders, venders, supplier, manufacturers, wholesalers, distributors or any other persons who deal in food items in any kind, are required to get registered with the Licensing Authority prescribed under the act and to get the license under the act in specified cases. Following categories of persons also required to get them registered or to get license, as the case may be:

Meat Processing Units, Dairy Units, Vegetable Oil Processing Units

All food processing units including re-labelers and re-packers, Storage and Warehouses which store any type of food items

Wholesalers, retailers, manufacturers, venders, distributors, suppliers, caterers, Boarding houses, Banquet Houses, Home based Canteens/ Dabba Wallas, Permanent/ Temporary stall Holder, Food stalls/ Arrangements in Religious gatherings/fairs etc. , Fish/Meat/Poultry shop/Seller or any other food vending establishment, club, canteen, hotel, restaurants, transports, marketer,

100% Export Oriented Units, Proprietary Foods, Importer of any food items etc.

Types of Registrations

There are three types of Registrations:

1. REGISTRATIONS: Turnover less than 12 Lakhs or and quantity less than the specified units as prescribed by the Registering Authority depending upon product to product. All persons and petty Business Operators who deal in food items in any way and whose turnover is less than 12 Lakh in an year are required to get themselves registered under Food Safety and Standards Act, 2006 with the Registering Authority by submitting an application for Registration in Form A along with fees as specified in the Act

2. STATE LICENSE: Turnover more than 12 Lakh and up to 20 crores or 30 crores in some cases and quantity less than the specified units as prescribed by the Registering Authority depending upon product to product. All food Business Operators like manufacturers, storage, transport, retailers, marketers, distributors, etc. need to take the License from the State Authority provide they fulfill the eligibility Criteria under State Licensing.

3. CENTRAL LICENSE: Turnover more than 20 crores and quantity more than the specified units as prescribed by the Registering Authority depending upon product to product. Moreover the persons who provide the Food catering services in establishments and units under Central Government Agencies like defence, Airport, Sea Port, Railway etc. are also required go get the Central License.

DOCUMENTS REQUIRED: For applying the registration or for getting license under State or Central Government, following documents are required:

1. Form A/ Form B, as the case may be, duly filled and signed by Proprietor/ Partner

2. Pan Card Copy of applicant self attested. In case of Partnership Firm/ Company, PAN Card of such Firm/ Company is also required.

3. Address Proof of applicant self attested. In case of partnership/ company, address proof of such firm/ company along with address proof of authorised representative

4. 2 Passport size photographs of applicant/ authorised representative

5. Rent Deed/ Registry Copy of registered office of firm/ company

6. List of Directors/ Partners/ Members of Society/ Trust on letter head of particular firm/ company/ trust

7. List of Equipment/ Machinery installed in the premises.

8. Partnership deed/ Affidavit of Proprietor/ Moa AOA

9. NOC from manufacturer in case, the applicant is doing business of relabeller/ Repacker

A Declaration from applicant that all the requirements have been fulfilled and declaring that all the information provided by him are true to the best of his knowledge.                                                    

TENURE OF REGISTRATION/ LICENSE: License/ Registration can be applied for 1 to 5 years. Means applicant can apply for 1 year or for 2 years or may be for 5 year. After the expiry of period for which the applicant had applied the license/ registration, the applicant needs to apply the license again as a renewal license/ renewal registration.

If the applicant has applied for Registration and his turnover exceeds 12 Lakhs or the production increase more than the UNITS specified for State License, the applicant must proceed for State License.

FEES FOR REGISTRATION: Fees as specified by the department has to be deposited into the specified Banks while applying for Registration/ License.

Type of Forms for applying under Food Safety and Standards Act, 2006

Form A: Application form for applying for Registration/ Renewal of Registration

Form B: Application Form for applying License/ Renewal of License

Form C: License Form given by the authority/ Department

(CS Mohit Saluja, Mohit Saluja & Associates, 2nd Floor, Malhotra Complex, Sehdev Market, Jalandhar City, M- 9914558709, csmohitsaluja@gmail.com)

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Author Bio

Hi, This is CS Mohit Saluja, Graduate in Law and Post Graduate in Commerce & a Fellow member of the Institute of Company Secretaries of India, New Delhi, having more than 10 years of stringent experience in the field of Secretarial and RBI Matters, Company Law Board (CLB), Regional Director (RD) View Full Profile

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5 Comments

  1. Chandrakant Shah says:

    Dear Sir,

    What about the new entities which are going to start its operations of food and herbal products? What are the type of registration they would require?

    Thanks in advance.

  2. A K Swaminathan says:

    Point No. 1, where the turnover less than 12 Lakh or less…….. what type of registration is this? State or Central?

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