FSSAI Registration Process & Benefits

FSSAI Registration Process – Documents Required, Benefits, Penalty

FSSAI Registration Process – Documents Required, Benefits, Penalty

 

What is FSSAI?

 

FSSAI stands for Food Safety and Standards Authority of India which is an organization that monitors and governs the food business in India. It ensures the food products undergo quality checks thereby curtailing the food adulteration and sale of sub-standard products. It is responsible for the registering and licensing of the food business operators (FBO) in India and it lays down the rules and regulation for running the food business in India.

 

Why is FSSAI Registration Required?

 

Every food business operator involved in the manufacturing, processing, storage distribution and sale of food products must compulsorily obtain FSSAI Registration or License. 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 is printed on all the food packages. This registration procedure is aimed to create more accountability on the FBO to maintain the quality of the food products.

 

FSSAI Registration/ License Procedure

 

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 such as central license, state license, registration, railway etc.

Types of Food License

FSSAI Registration Requirements

 

FSSAI Registration is a basic license and it 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 Rs. 12 Lakhs

2. Petty retailer dealing in food products

3. Any person who manufactures or sells any food article by himself

4. Food sale is done by the temporary stall holder

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

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


Sl.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

Procedure for Obtaining FSSAI Registration


FSSAI registration is initiated by submitting Form A (application) to food and safety department.

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.


Common documents required for obtaining FSSAI registration


Form B – completed and signed

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

Food safety management system plan


FSSAI License Requirement


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.


Documents required for the obtaining the Central license:


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

Documents required for the obtaining the state license:


  1. Form B duly completed and signed
  2. Plan of the processing unit showing the dimensions and operation-wise area allocation    
  3. List of Directors/ Partners/ Proprietor with address, contact details, and photo ID
  4. Name and list of equipment and machinery used with the number and installed capacity
  5. List of food category to be manufactured
  6. Authority letter from manufacturer nominated a responsible person name and address
  7. Analysis report of water to be used in the process to confirm the portability
  8. Proof of possession of premises
  9. Partnership deed/ affidavit of proprietorship
  10. NOC and copy of License from the manufacturer
  11. Copy of certificate obtained under Coop Act 1861/Multi state Coop Act 2002
  12. Food safety management system plan or certificate
There are different forms and documents which are required to be submitted conversion, renewal, and modification of license.


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:
  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 Sec 32 of the FSS Act, 2006. If the business operator fails to comply with the improvement notice, the officer after giving 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 Food safety appellate tribunal/high court.

The 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 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

Frequently Asked Questions


1. How to use FSSAI license number on food product?
If you are selling food product in the market, you must display FSSAI number on your product package in addition to ingredients and flavour used into the product.

2. What if I failed to obtain FSSAI registration?
In case FSSAI registration/license is not obtained before operating business, the entity will be liable for a penalty upto ₹10 lakhs.

3. What is Improvement Notice & who issues it?
An improvement notice is if a Food Business Operator fails to comply with the food regulations set in the FSS Act, 2006. An improvement notice can be issued by a Designated Officer of the food safety department.

4. When can a DO suspend the license?
If the food business operator has failed to comply with an improvement notice, his licence can be suspended by the DO, after allowing him to show cause.

5. Can an appeal be filed against an Improvement notice, suspension/ cancellation of license?
Yes, any Food Business Operator (FBO) can appeal to the State Commissioner of Food Safety, if he/she is aggrieved by the improvement notice or suspension/cancellation of licence. The decision of the Food and Safety Commissioner shall be final. Alternatively, an FBO can also approach the Food safety Appellate Tribunal/ high court of their respective States/Uts to challenge the notice.

6. What is the time frame for appealing to the State Commissioner of Food Safety?
Any FBO can appeal to the Commission of Food Safety within 15 days from the date on which a notice of the decision was served.

7. Can a license be modified? What is the fee for such modification?
If you intend to make changes to your license, you can do so. If you wish to make changes to the information in Form C a modification fee may apply which is equal to a one-year license fee. There are no charges levied for changes to other parts of the license.

8. Can I convert a manually issued license to online? How?
Yes, you can convert a manually issued license to an online one during the renewal process. You can approach the concerned Designated Officer of that area. A Designated Officer can then create a USER ID and issue system-generated license number which can be renewed through an online process to you.

9. What are the different categories of license?
The FSS (Licensing & Registration) Regulations, 2011, licenses and registrations are granted to Food Business Operators in a 3 tier system, such as;
  • Registration
  • State license
  • Central License

10. If medical stores are selling dietary food and need to get a license if they are selling dietary foods and or plant-based supplements (nutraceuticals)?
All Food Business Operators and, including medical stores, have to get FSSAI license/registration. It is mandatory, and non-compliance may result in heavy penalties.

11. What is the FSSAI License Validity Period in India?
An FSSAI license can be acquired for a period ranging anywhere from 1 year to 5 years. You can while applying for an FSSAI License decide for how long you wish to obtain the FSSAI License for. Your fee may also vary according to the period chosen.

12. How to renew your license/Registration after expiry?
You need to renew your FSSAI license before the expiry of its validity period. In case you end up missing the date of renewal of the application, you will have to apply for fresh FSSAI license if you wish to continue your food business operations.


For more information on this visit www.taxaj.com

Posted by Pooja
Team Taxaj
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