FSSAI REGISTRATION / LICENSE

  • FSSAI

Food Safety and Standards Authority of India (FSSAI) is an organization that governs and regulates the food business in India. It has been established under the Food Safety and Standards Act, 2006. It lays down the standards for articles of food and regulates their manufacture, storage, distribution, sale and import to ensure the safety of Food.

FSSAI is responsible for registering and licensing the Food Business Operators (FBOs) in India.

  • FLRS

Food Licensing & Registration System (FLRS) is a system launched by FSSAI to facilitated Food Business Operators (FBOs) in India to apply for Registration / License.

 FLRS allows the FBOs to check their premises eligibility according to the location or the activity being conducted on that premise.

  • NEED OF FSSAI REGISTRATION / LICENSE

Every food business operator involved in the manufacturing, processing, storage distribution and sale of food products must compulsorily obtain FSSAI Registration or License. It is required to ensure the quality of Food. FSSAI laid down its standards and sub standards to monitor and regulate the FBOs so that the safe food can be reached in Market for consumption. FSSAI Registration / License is aimed to create more accountability on the FBO to maintain the quality of the food products.

  • FSSAI REGISTRATION / LICENSE NO.

FSSAI Registration is different from FSSAI License in the sense that depending on the size and nature of the business, FBO should obtain the necessary registration or license. It is a 14-digit registration or a license number which shall be printed on all the food packages.

  • PROCESS OF REGISTRATION

FSSAI registration or license is based on the business volume and premises. Depending upon the installed capacity or turnover or location, applicant premises are eligible for the license.

Fssal Registration

  • BASIC REGISTRATION

Basic FSSAI Registration is required for all the FBO involved in the small scale food business. This category covers the following business

1. Any FBO with an annual turnover of not more than Rupees 12 Lakhs.

2. Petty retailer dealing in food products.

3. Food sale is done by the temporary stall holder.

4. Any individual who distributes food in any religious or social gathering except a caterer.

5. Small-scale or cottage industries dealing in the food business and the following:

S. No Business Capacity
1 Food production capacity (other than milk and meat) Up to 100 kg/ltr per day
2 Procurement, handling and collection of milk Up to 500 ltr per day
3 Slaughtering capacity 2 large animals or 10 small animals or 50 poultry birds per day
4 All other categories as prescribed by the Authority
  • FSSAI LICENSES

For all other FBO apart from small-scale business, FSSAI license has to be obtained. FSSAI License can be classified into two categories i.e. State FSSAI License and Central FSSAI License based on the size of the business whether it is a medium scale or large scale business.

Generally, FBO who are large manufacturers, importers, exporters dealing in large-scale food business need to obtain FSSAI registration from central government and FBO with small to medium sized manufacturing units, transporters, marketers, traders, etc., need to take FSSAI registration from the state government. Further, If any FBO has business in more than one state then central FSSAI License from central Government is mandatory for Principal place of the Business.

  • STATE LICENSE

State License is required for all the FBO involved in the Medium scale food business as categorised as per FSSAI. It is basically a license from the state government to operate in the particular state. This category covers the following business:

1. Any FBO with an annual turnover of more than Rupees 12 Lakhs but upto Rs. 30 Crore (In Case of Wholesaler) and upto Rs. 20 Crore (In Case of Retailer, Distributor, Restaurants, Marketer).

2. Any Dhaba , Food Caterers, Canteens having turnover more than 12 lakhs.

3. Three Star or Four Star Hotels.

4. industries dealing in the food business and the following:

S. No Business Capacity
1 Food production capacity (other than milk and meat) More than 100 kg/ltr upto 2 MT per day
2 Procurement, handling and collection of milk More than 500 ltr  upto 50000 ltr per day
3 Slaughtering capacity More than 2 upto 50 large animals or more than 10 upto 150 small animals or more than 50 upto 1000 poultry birds per day
4 All other categories as prescribed by the Authority
  •  CENTRAL LICENSE

Central License is required for all the Large Scale FBOs as categorised as per FSSAI and If any FBO has business in more than one state then central FSSAI License from central Government is mandatory for Principal place of the Business. This category covers the following business:

1. Any FBO having businesses in more than one state then central license is required form principal place of business.

2. Any FBO with an annual turnover of more than Rupees 30 crore (In Case of Wholesaler) and more than Rs. 20 Crore (In Case of Retailer, Distributor, Restaurants, Marketer).

3. Any Importer.

4. Any Five Star and above Hotel.

5. Food Vending Agencies having more than 100 vending machines.

6. industries dealing in the food business and the following:

S. No Business Capacity
1 Food production capacity (other than milk and meat) More than 2 MT per day
2 Procurement, handling and collection of milk More than 50000 ltr per day
3 Slaughtering capacity More than 50 large animals or more than 150 small animals or more than 1000 poultry birds per day
4 All other categories as prescribed by the Authority
  • COMMON DOCUMENTS & INFORMATION REQUIRED FOR BASIC FSSAI REGISTRATION/STATE & CENTRAL LICENSE

> Photo Identity of FBO

> Proof of possession of premises (eg. Rental Agreement )

> Partnership Deed / Certificate of Incorporation / Articles of Association etc

> List of food products to be dealt with

> List of Directors/Partners/Executive Members etc

> Food safety management system plan

> Contact Information (Email ID and Mobile No.)

> Information regarding Authorised Person including Photo ID Proof, Address Proof, Email ID and Mobile No.

> Declaration Form in prescribed Format

> Form IX and Board Resolution in prescribed Format

> List of Directors/Partners/Executive Members

> Signed Copy of Form B

  • EXTRA DOCUMENTS AND INFORMATION REQUIRED FOR STATE LICENSE

> Food safety management system plan or certificate

> NOC and copy of License from the manufacturer (In case of Labellers and Packers )

> Analysis report of water to be used in the process to confirm the portability

> Name and list of equipment and machinery used with the number and installed capacity (In case of Manufacturer)

> Production Unit Photograph (In case of Manufacturer)

> Certificate provided by Ministry of Tourism (In case of Hotels)

> Declaration of Turnover

  • EXTRA DOCUMENTS AND INFORMATION REQUIRED FOR CENTRAL LICENSE

> Undertaking from FBO in prescribed Format

> IE Code Document issued by DGFT

> Ministry of Commerce Certificate (For 100% EOU)

> Food safety management system plan or certificate

> NOC and copy of License from the manufacturer (In case of Labellers and Packers )

> Analysis report of water to be used in the process to confirm the portability

> Name and list of equipment and machinery used with the number and installed capacity (In case of Manufacturer)

> Production Unit Photograph (In case of Manufacturer)

> Certificate provided by Ministry of Tourism (In case of Hotels)

> Declaration of Turnover

  • APPLICATION PROCESS

> Create ID on the FSSAI Portal before applying for Basic Registration/State License/Central License.

> Login and choose your business category as per the given categories in the portal to proceed further for application.

> The system itself will find out the your eligibility for Basic Registration/State License/Central License on basis of information given by you.

> Fill the application and attach the documents.

> Print and upload the signed form and make the payment for final submission of the application.

> This application can be accepted or it may be rejected by the Department within 7 days from the application date and the fact has to be intimated to the applicant in writing.

> 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.

  • FOOD SAFETY AUDIT

To strengthen the food safety surveillance system, FSSAI has envisaged audits of Food Business Operators through Private Auditing Agencies. In order to cultivate and foster the growth of compliance culture, FSSAI is enabling compliance through private recognised Auditing Agencies. Food Safety and Standards (Food Safety Auditing) Regulations, 2018 have been notified on 28th August 2018 for the same.

Food Safety Audits will reduce the regulatory Food Safety Inspections conducted by Central or State Licensing Authorities. Satisfactory Audits will lead to less frequent regulatory inspections by Central or State Licensing Authority except the regulatory sampling. This will strengthen food safety surveillance system and encourage self-compliance while at the same time assuring safe food to the consumers.

FSSAI vide its Order dated 13th August 2019, directs that Food Businesses holding Central License and falling under following 6 categories of Business shall be subject to mandatory Food Safety Auditing

> Dairy Products & analogues, excluding products of food category 2.0

> Meat and Meat Products including poultry

> Fish and Fish Products, including molluscs, crustaceans, and echinoderms.

> Egg and Egg Products.

> Foodstuffs intended for particular nutritional uses (Food for infant nutrition etc.)

> Prepared Foods (Catering etc)

  • 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. Food safety officer generally conducts the inspection of 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:

> Compliance (C)

> Non-compliance (NC)

> Partial compliance (PC)

> Not applicable/Not observed (NA)

  • THE PENALTY FOR NON- COMPLIANCE
Sl.No Particulars Fine
1 Food quality not in compliance with 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

Anyone having any query regarding FSSAI Registration and Licensing or any other query regarding any corporate law can reach CS HITESH JHAMB (JHAMB & ASSOCIATES) at jassociates.cs@gmail.com and also at 9953001339 / 9654080119.

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Author Bio

Qualification: CS
Company: Jhamb & Associates
Location: New Delhi, New Delhi, IN
Member Since: 10 Jan 2019 | Total Posts: 6
CS Hitesh Jhamb is a young Company Secretary with a post qualification experience of 3 years with exposure in assignments of NBFCs,Trademarks, FSSAI, TAAI (For Travel Companies) GST, Trust & Societies and Many More. CS Hitesh Jhamb loves to learn and stay updated. View Full Profile

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