Introduction: The Food Safety and Standards Authority of India (FSSAI) has issued a significant order (F. No. 15(31)2020/FoSCoS/RCD/FSSAIptl – Comp. No. 1837) on December 4, 2023. This order focuses on improving the ease of doing business by streamlining the process for reactivating Auto-Rejected Licensing and Registration Applications.
Detailed Analysis:
1. Background: The order refers to Clause 2.1.4(2) of FSS (Licensing and Registration of Food Businesses) Regulations, 2011, stating that applicants must provide requested details within 30 days. Failure to do so leads to automatic rejection.
3. Self-Reactivation Provision: The FSSAI has now allowed Food Business Operators (FBOs) to self-reactivate applications that were auto-rejected due to non-response within the specified timeline. This provision comes into effect from December 4, 2023.
4. Conditions for Self-Reactivation:
- FBOs can self-reactivate an application only once.
- Within 30 days of auto-rejection, FBOs can self-reactivate without intervention or fees, but a valid reason must be provided.
- From the 31st to the 60th day of auto-rejection, self-reactivation is allowed with a specified fee and a valid reason.
5. Fee Structure:
- For Registration applications: 50 + GST (if applicable).
- For License applications: 500 + GST (if applicable).
6. Reduction in Waiting Time: The new provision aims to reduce waiting times for authorities to handle reactivation requests, ensuring a smoother process.
7. Appeal Process: The order clarifies that this provision does not apply to cases where license grants were rejected by the Designated Officer. In such cases, appeals can be made to the Commissioner of Food Safety.
8. Superseding Previous Orders: The order explicitly states that it supersedes all previous orders and SOPs related to the reactivation of auto-rejected licensing/registration applications.
Conclusion: The FSSAI’s order marks a positive step towards fostering a business-friendly environment in the food industry. By allowing self-reactivation of auto-rejected applications, FBOs have a more streamlined process, reducing bureaucratic delays. However, it is crucial for FBOs to adhere to the specified conditions and timelines to benefit from this provision. This development signifies the continuous efforts of regulatory bodies to adapt and improve procedures for the benefit of stakeholders in the food business sector.
F. No. 15(31)2020/FoSCoS/RCD/FSSAIptl (Comp. No. 1837)
Food Safety and Standards Authority of India
(A Statutory Authority established under the Food Safety & Standards Act, 2006)
(Regulatory Compliance Division)
FDA Bhawan, Kotla Road, New Delhi-110 002
Dated, the 4th December, 2023
ORDER
Subject: Ease of doing business: Streamlining the procedure for reactivation of Auto-Rejected Licensing / Registration Applications due to non-response to the queries of licensing/registration authority within the specified timeline — reg.
As per Clause 2.1.4(2) of FSS (Licensing and Registration of Food Businesses) Regulations, 2011, in FoSCoS, applicant to furnish details sought from authority within 30 days. In case the applicant fails to furnish the required information within the stipulated time of 30 days, the application for license/registration shall stand rejected.
2. With the approval of Food Authority, now it has been decided to allow FBOs to self- reactivate their auto rejected applications [due to non-response to the queries of licensing/registration authority within the specified timeline] on FoSCoS portal with effect from 04th December 2023 subject to following conditions:
i. The provision for self-reactivation of auto-rejected application shall be provided only once for any filed application for new license /registration or modification of license / registration, as the case may be.
ii. Within 30 days of auto-rejection of application: FBO is allowed to self-reactivate the application without any intervention of the authority and fee. However, it is mandatory to provide valid reason for such delay.
iii. During the period of 31st to 60th day of auto-rejection of the application: In this case, FBO is allowed self -reactivate the application without any intervention of the authority, subject to payment of fee as specified below as well as valid reason for such delay:
a. For Registration application: 50 + GST [as applicable]
b. For License application: 500 + GST [as applicable]
3. This will reduce the waiting time for the approval of the authorities in handling request
for reactivation of auto-rejected applications. Further, no request from the FBO’s by any other mode, for reactivation of auto-rejected applications shall be entertained by any authority.
4. Further, it is clarified that this provision is not applicable to cases where grant of license has been rejected by Designated officer as per section 31(4) of the FSS Act, 2006. In these cases, appeal against the order of rejection shall lie to the Commissioner of Food Safety as per section 31(8) of the FSS Act, 2006. Online provision for making appeals under Section 31(8) is made available on the FoSCoS portal. Such appeals are directed to Commissioner of Food Safety of concerned State/UT for SL and Registrations and to CEO, FSSAI in case of Central License.
5. This order shall supersede all previous orders/SOP issued yarding to the reactivation of auto-rejected licensing / registration applications.
(Rakesh Kumar)
Director
(Regulatory Compliance Division)
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
4. CTO, FSSAI – with a request for uploading on the FSSAI website
Copy for information to:
1. PPS to Chairperson, FSSAI
2. PS to CEO, FSSAI.
3. All Divisional Heads, FSSAI.
