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Applicability of FSSAI to the Food Business in India

Applicability of FSSAI for Food Business in India

Applicability of FSSAI to the Food Business in India

According to the Food Safety and Standards Act, 2006, any Food Business Operator (FBO) engaged in activities related to any stage of food-related business needs to apply for FSSAI registration/ license based on its eligibility criteria on the FoSCoS portal. The present article provides an understanding of the Applicability of FSSAI to the Food Business in India.

Food Businesses are covered under FSSAI.

 The following activities relating to Food Business are covered under FSSAI.

  • Manufacturing
  • Processing
  • Packaging
  • Storage and transportation
  • Trading
  • Distribution of food
  • Import and Export
  • Food Services
  • Catering Services
  • Sale of Food
  • Sale of Food Ingredients

Difference between FSSAI Licence and FSSAI Registration

FSSAI Registration

FSSAI Registration is mandatory for petty food manufacturers or the FBO having a turnover of less than Rs.12 Lakhs unless the FBO is covered under compulsory licensing. FSSAI registration number will be granted by the State Licensing Authority, and its carries 14 digits in it, but the first digit starts with 2. The FBO must pay Rs 100 annually to get the registration number.

FSSAI License

FSSAI License is mandatory for businesses having a turnover of more than 12 lakh or by the FBO engaged in food processing and manufacturing. The FSSAI License is categorized into two types Central and State License. FSSAI license carries 14 digits, wherein the first digit starts with 1.

  • To get the FSSAI central License, the applicant needs to pay Rs 7,500/-Per Annum, and the Central Licensing Authority issues it.
  • To get the FSSAI State License, the applicant needs to pay Rs 2000 to 5000 Per Annum, and the State license issues it.

Click here to Apply for FSSAI License Online

Applicability of FSSAI Registration/License

Every Food Business Operator must get an FSSAI registration or license from FSSAI. The applicant’s eligibility for food registration and support is determined based on turnover, production capacity, nature of business, and area of operation cumulatively.

Even if an FBO falls in the registration category as per turnover, its nature makes him eligible for licenses. The FBO has to apply for a license (State/Central Licence). The applicability of FSSAI to the Food Business in India is explained by

FSSAI Applicability Based on Turnover

A petty manufacturer who manufactures or sells any article of food or a stallholder, little retailer, hawker, itinerant vendor, or a temporary stallholder or small scale or cottage, or other industries relating to food business or tiny food business operator; requires registration only.

  • FSSAI Registration is applicable If the annual turnover of the FBO is less than Rs. 12 Lakhs
  • FBO needs to apply for a state license if annual turnover is more than 12 lakhs but less than 20 Crores
  • The central license is required if the annual turnover exceeds 20 Crores except transporters. In the case of Transporters, the primary license is needed if turnover is more than Rs. 30 Crores per annum.

FSSAI Applicability Based on Production Capacity

The criteria to determine the eligibility of a food business operator to procure registration/license based on production capacity are as follows:

FSSAI Registration

  • Production Capacity of Food (other than milk and milk products and meat and meat products) – does not exceed 100 kg/ltr per day- Registration is required.
  • Dairy Units, including milk chilling units procurement or handling and collection of milk, are up to 500 liters per day /Up to 2.5 MT of Milk Solids per annum. Only FSSAI Registration is required for Petty Milkmen, Milk Vendors.
  • For all slaughterhouses with a slaughtering capacity of two large animals, ten small animals, or 50 poultry birds per day or less, registration is required.

FSSAI State License

  • The state license is required when the Production Capacity of food (other than milk & Mean and the products made from milk and meat) is 101 Kgs/2 MT Liters per day. The Licence fee will vary as per the production capacity of the food business in the range of Rs 3000 to Rs 5000 per annum.
  • Dairy units, including chilling milk units, procurement or handling, and collection of milk, are 501 – 50,000 Litres per day /2.5 MT –2 500 MT of Milk Solids per annum state license is required. The license fee will vary as per the production capacity of the food business in the range of Rs 3000 to Rs 5000 per annum.
  • All slaughterhouses whose slaughtering capacity is Large Animals: 3 to 50 Small Animals: 11 to 150 Poultry Birds: 51 to 1000 S requires State Licence.

FSSAI Central License

  • Central License is needed when the Production capacity of food (other than milk and milk products and meat and meat products) is More than 2 MT per day central license is required exclusive of Grains, Cereals, or Pulses Milling Units.
  • Dairy units, including milk chilling companies procurement or handling and collection of milk, are more than 50,000 liters of liquid milk/day or 2500 MT of milk solid per annum, is required to get Central License.
  • All slaughterhouses whose slaughtering capacity is more than 50 large animals or 150 or more small animals, including goats and sheep or 1000 or more poultry birds per day, must get Central License.

 FSSAI Applicability Based on Area of Operation

The applicability of registration/license may vary depending upon the number of FBO units and their place.

Type of License

Applicability Based on the Nature of Business

FSSAI Registration Registration is required for Petty Milkman, Milk Vendors. A producer of milk registered member of a dairy Cooperative Society registered under the Cooperative Societies Act and supplies or sold whole milk to the Society does not require registration with FSSAI.
State License All Cereals, Grains, and units of Pulses Milling without any limit on Production capacity require a state FSSAI license.
Central License Irrespective of the turnover, production capacity, and area of operation following food businesses require the central license:

  • E-commerce operators
  • Importer/exporter
  • FBO manufacturing the food which is being introduced in the country

Food catering services in establishments and units under Central government Agencies like Railways, Air and airport, seaports, Defence, etc.

FSSAI Applicability Based on the Nature of Business

 The application for license/registration also depends on the nature of the business. These are summarized in the below table:

Type of License Applicability Based on the Nature of Business
FSSAI Registration Registration is required for Petty Milkman, Milk Vendors. A producer of milk registered member of a dairy Cooperative Society registered under the Cooperative Societies Act and supplies or sold whole milk to the Society does not require registration with FSSAI.
State License All Cereals, Grains, and units of Pulses Milling without any limit on Production capacity require a state FSSAI license.
Central License Irrespective of the turnover, production capacity, and area of operation following food businesses require the central license:

  •  E-commerce operators
  • Importer/exporter
  • FBO manufacturing the food which is being introduced in the country

Food catering services in establishments and units under Central government Agencies like Railways, Air and airport, seaports, Defense, etc.

Log onto www.indiafilings.com to learn more about FSSAI Licensing and the relevant compliances. Our team of FSSAI experts will guide you throughout the process.