FSSAI Rules for Food Business
FSSAI Rules for Food Business
Any person involved in the manufacturing, production, processing, packaging, transportation, distribution, or storage of food products is required to obtain FSSAI registration or an FSSAI license. On obtaining registration, a true copy of the FSSAI should at all times be displayed at a prominent place in the premises of the food business. All food business operators in India are required to abide by the following FSSAI rules. All food business operators are required to obtain FSSAI registration and follow the below rules:
Get in touch with IndiaFilings to obtain FSSAI registration or an FSSAI license
Food Business Licenses
Any individual or entity proposing to start a food business must obtain a food business license or registration from the FSSAI (Food Safety and Standard Authority of India).
Under FSSAI, there are three types of licenses/registrations as under:
- Food Business License – State Government
- Food Business Registration – State Government
- Food Business License – Central Government
You can check if your business requires Food Business License or Food Business Registration here.
Procedure to Avail Food License
Application for a food business license must be submitted in Form B through the FosCos portal, based on the eligibility criteria along with the prescribed registration fee. The food business license application should include a self-attested FSSAI declaration and other documents as prescribed.
On submission of the application on the FoSCos Portal, the applicant will be given a unique Application ID number for tracking and submission of any additional information, as requested by the Processing Officer. In case any additional documents or information is required, the FSSAI processing officer will create a query. The applicant must then furnish any additional information as requested within 30 days.
If the information submitted by the applicant is accepted, the FSSAI Officer will issue the FSSAI registration certificate. The registration certificate must be displayed by the food business.
Commencement of Business
In case, there is no response from the authority within 7 days after submitting the application or no decision is confirmed within 30 days after the submission of all required information, the Food Business Operator may start the business provided that registration shall not be refused without giving the applicant an opportunity.
Validity and Renewal of Food License
Based on the amount of fee paid, a food business license would be valid for a period ranging between 1-5 years. Renewal of food license should be made in Form A or Form B before 30 days of the expiry date of registration. Any FSSAI renewal application filed beyond the expiry date is subjected to a late fee of Rs. 100 per day for each day of delay. Finally, if the food business license has expired, the Food Business Operator must terminate all business activities at the premises. Hence, it is important for all food business operators to track and ensure that the FSSAI license is valid at all times.
Update FSSAI Details
All food business operators must inform FSSAI authorities about any change or modifications in the activities of the food business. Also, FSSAI licensees must ensure that no product other than the product indicated in the FSSAI license or FSSAI registration is produced in the unit.
Further, FSSAI licensee must provide access to Licensing Authorities or their personnel to the food business premises, if the case of any request.
FSSAI License for Petty FBO
FSSAI License and Registration is mandatory for Petty Food Business Operators (FBO) who manufacture or sell any article of food or a petty retailer, hawker, itinerant vendor or temporary stallholder small scale or cottage or such other industries relating to food business or tiny food business operator having annual turnover up to Rs. 12 Lacs and whose
- The production capacity of food products does not exceed 100 kg or liters per day.
- The procurement, handling, and collection of milk are up to 500 liters daily.
- Slaughtering capacity is two large animals or ten small animals, or 50 poultry birds per day or less.
These FBOs are required to obtain FSSAI Registration Certificate by applying for Food Safety Compliance System or Food Safety Connect app. This Registration Certificate is embedded with a QR code and has the image of FBO with a 14-digit Registration number starting with 2 (2xxxxxxxxxxxxx).
Issuance of FSSAI License Related to Food Business Premise
- FSSAI license is based on-premise. All food business activities conducted at the same premise can be applied for in a single FSSAI license.
- FBOs manufacturing food items for the domestic market and export purposes are also required to obtain an FSSAI license under the ‘Manufacturing’ group head for appropriate KoB and under ‘Exporter’ KoB. A single license application has to be made through FoSCoS if operating from the same premises.
- FSSAI license/Registration for food premises under Railways are issued by the Indian Railways Designated Officers/Registering Authorities
- FSSAI licenses for food premises at Airports/Seaports are issued by Airport Health Officers (APHOs) or Port Health Officers (PHOs) who are notified as Designated Officers (DOs) by Food Authority.
- Suppose a Food Business Operator (FBO) has his food business premises located in two or more states. In that case, he must obtain a Central License for his Registered Office or Head Office and a license/registration for each unit/premise. A separate license or Registration is to be obtained for each unit/premise, depending upon that unit’s capacity or turnover, from the concerned Central or State licensing authorities.
Note: All kinds of business shall be linked to a single License obtained for a single premise. If you hold one State License and one Central License, you shall surrender the State License and apply for modification of the Central License to add the Kind of Business mentioned in your State License.
FSSAI License/ Registration suspension or cancellation
If a food business operator fails to follow the guidelines on sanitary and Hygiene requirements, the FSSAI Authority can send an improvement notice to the Food Business Operator. In the notice, a period of not less than 14 days will be provided to the food business operator for improving the condition of the premises.
Finally, on inspection, if the Food Business Operator still fails to rectify the defects or omissions, the license will be canceled. The Food Business Operator will not be provided with any compensation for the cancellation of the license and will have to cease operations immediately. After 3 months from the date of cancellation, the food business operator can again apply for fresh registration after fulfilling all the requirements mentioned in the improvement notice.
On suspending or revoking the FSSAI License or Registration, a food business operator must immediately stop food business activities. Carrying out any food business activity on suspended or canceled License/Registration is an unlawful activity and shall attract penal actions under FSS Act, 2006.
Declaration of FSSAI Registration number by FBO
- Petty FBOs are also required to declare the FSSAI Registration number [2xxxxxxxxxxxxx] on the product labels as per the specifications specified for mentioning the FSSAI License on Product Labels
- All food businesses must also declare a 14-digit FSSAI License or Registration number on cash receipts/ purchase invoices/cash memos/bills etc.
When any operator issues two transaction documents, such as transporters giving transport challan/ Bill, etc., and an invoice, the FSSAI number must be mentioned on both papers. The only exemption will be the GST e-way bill and other Government documents which are system-generated.
Modification of FSSAI License
- Food Businesses can retain their existing License/Registration number upon change of their premise address by applying for a Modification application on the FoSCoS Portal with the applicable modification fee.
- FSSAI License under Importer KoB is only for importing food Items into the Country. For carrying out further food business activities of that imported food products, FBOs need to endorse all such relevant Kinds of Business categories in the issued License by applying a modification of the right.
- Manufacturers, who have applied for licenses for multiple products and are facing queries in some of the products, may delete those products from applications for faster processing of their applications. Deleted Products, if required, can be added later through modification of the issued License with a modification fee of Rs. 1000 only.
Procedure to Surrender the FSSAI License/Registration
The FBO needs to apply online to surrender the License or Registration by login into the Food Safety Compliance System (FoSCoS) account from which the license/registration application was filed. After approval of the concerned authority, it will be considered surrendered.
FSSAI License for Manufacturing of Nutraceuticals and related food products
Food Businesses, manufacturing food products covered under Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purposes, Functional Food, and Novel Food are covered under the purview of the Central License.
FSSAI license for Repacked Category
Suppose a Repacker wants to display the original manufacturer’s name on the product label. In that case, they need to obtain NOC from the manufacturer and enclose it as a mandatory document for a license. Further, in case a Repacker owns the compliance of the food product as per FSS Act, 2006, Rules and Regulations thereunder and does not want to mention the name of the manufacturer but wants to mention packed by him on the label, he shall give an undertaking on his letterhead while applying for a license. On behalf of the project submitted, he may be exempted from the requirement of NOC from the manufacturer.
Transfer of the FSSAI License
In case of the death of the FSSAI license holder, the FSSAI license can be transferred to the legal representative or any family member of the deceased holder. The legal representative or the family member must apply to the concerned Authority to transfer the license in his/her favor. Transfer applications can be made online. . Death Certificates and Proof of Legal Heir are required for sharing of licenses. Post verification, the application can be approved or refused by the Authority. However, the FSSAI License Authority cannot refuse the request without giving the applicant an opportunity of being heard.
Renewal of FSSAI License/Registration after the Expiry
Food Business Operators can renew the FSSAI License/Registration even after the expiry date with the following penalties:
- Three times the existing annual license/registration fee in the period – 1st day to 90th day from the original expiry date.
- Additional two times the existing annual license/registration fee (i.e., total five times) in the period – 91st day to 180th day from the original expiry date.
Annual Return for Food Business Activities
FSSAI Licensed FBOs involved in Manufacturing (including repacking and Relabeller i.e., FBOs getting their food products manufactured by third-party manufacturers) and importing of food products need to submit Annual Returns in Form D1 by 31st May of every preceding financial year only through FoSCoS Portal
Non-submission of annual returns beyond 31st May of every year will attract a late fee of Rs. 100 per day till the date of submission of the annual return. Annual Returns penalty shall be submitted online by the FBOs on the FoSCoS portal w.e.f. FY 2020-2021.
Use of +F logo on Fortified Food Product Labels
if an FBO has a valid FSSAI License, he needs to endorse fortified food in their FSSAI License. Only after approval of the endorsement of fortified foods in the FSSAI License can the FBO use the +F logo on approved products.
Employ Qualified Person
All food business license holders are required to employ at least one technical person to supervise the production process. The person supervising the production process should possess a degree in Science with Chemistry or Bio-Chemistry or Food and Nutrition or Microbiology or a degree or diploma in Food Technology or Dairy Technology or Dairy Microbiology or Dairy Chemistry or Dairy Engineering Oil Technology Veterinary Science Hotel Management or any degree or diploma in any other discipline.
Maintain Clean & Hygienic Facility
All FSSAI licensee has to follow the following conditions to ensure the preparation, processing, and storage of all food in a clean and hygienic facility:
- Maintain the factory’s sanitary and hygienic standards and worker hygiene as specified in the FSSAI rules.
- Maintain daily records of production, raw materials, utilization, and sales separately.
- Ensure that the source and standards of raw materials are of optimum quality.
- Not manufacture, store or expose for sale, any article of food in any premises that do not effectively separate from any privy, urinal, sullage, drain or place of storage of foul and waste matter.
- Regularly clean the machine and equipment.
- Ensure testing of relevant chemical and/or microbiological contaminants in food products, at least once in six months.
- Ensure to maintain the temperature required throughout the supply chain from the place of procurement or sourcing until it reaches the end consumer.