FSSAI Announces Relaxation to FBO – COVID 19

To facilitate the continuity of food business operations during the prevailing COVID-19 outbreak, the Food Safety and Standards Authority of India (FSSAI) has announced various Relaxations to FBO. FSSAI is offering permission to temporarily operate food businesses and also providing permission to operate food businesses with higher capacity. FSSAI announced that no pre-inspections are required for the issuance of a new FSSAI license and FSSAI extended the due date for filling Food Business Annual Returns. The present article highlights the applicable eligible condition and relaxation offered thereon by the FSSAI.

Synopsis of FSSAI Notification

As per the Notification dated 20^th April 2021, FSSAI is decided to facilitate the Food Business Operator (FBOs) and ensure ease of doing business by providing the following relaxations.

As mentioned above, FSSAI is providing permission to temporarily operate a food business (other than Manufacturers) based on 17-digit Application reference number
The Manufacturers are allowed to operate their food businesses with higher capacity, based on an application for modification of License
No pre-inspections are required for issuance of new FSSAI license/registration
Extension for the timeline for submission of online Annual Returns through FoSCoS
Waiver of late fee for renewing the license

Permission to Temporarily Operate Food Business

FSSAI is providing permission to temporarily operate food business (other than Manufacturers) based on 17-digits Application reference number

Applicability

All FBOs except Manufacturers are allowed to temporarily operate their food business based on application
The applicants who have the requisite permission from State/ relevant local authorities to operate in the lockdown/ restrictions/ curfew only can temporarily operate food business based on 17-digits Application reference number

Note: The FBO shall cease his operations at the premises related to food unless he has obtained a valid FSSAI license/ registration within 30 days after the expiry of this relaxation.

Procedure to obtain FSSAI License to Temporarily Operate Food Business

To obtain FSSAI License to Temporarily Operate Food Business, The FBO can apply for a New FSSAI License or modify the existing license. FBOs need to submit an online application with a prescribed fee through online mode on Food Safety Compliance System (FoSCoS) and possess a valid receipt of the application having a seventeen-digit application reference number.

FSSAI Announces Relaxation to FBO – FoSCoS Homepage

After login to the FoSCoS portal, a dashboard will be displayed, click on the License/Registration option in the left menu and select the Apply for New License/Registration option.

FSSAI Announces Relaxation to FBO – FoSCoS Login

Select the head office as per the KoB details and Select appropriate kind of business applications as per food Business to be conducted. The FBO needs to provide the details in Form-B and submit the application for registration
FBO have to inform by email the concerned Licensing / Registration Authorities/ Commissioner of Food Safety about commencing his food business enclosing a scanned copy of the application in a prescribed format.
The prescribed format of “Form M - Intimation and declaration regarding commencing of food business activities during the lockdown period” is attached here for reference:
The application form needs to be signed by the proprietor/director/partners or a senior employee of the applicant.

Permission to Operate the Food Businesses with Higher Capacity

FSSAI also provide relaxation in terms of providing permission to operate their food businesses with higher capacity, based on an application for modification of License. The FBOs need to apply for modification of the FSSAI license by making an online application with the prescribed fee through online mode on Food Safety Compliance System (FoSCoS) and possess a valid receipt of the application having a 17-digit application reference number.

Fee for Applying for FSSAI License

The fee structure for applying the FSSAI New License / Modification of the existing license is as follows:

Sl.No	Details	Fee
1	Manufacturing License	Rs.2000 to 7500 per year
2	Registration Certificate	Rs.100 per year
3	Modification of License and Certificate	Rs.1000 for license and Rs.100 for registration
4	Renewal of License and Certificate	Same as New license/Registration

Limited Inspections and only e-inspections

No pre-inspections are required for the issuance of new FSSAI license/registration. However; food safety authorities can conduct e-inspections on basis of risk profiling. Inspection will be carried out for food emergency/ incidents and complaints as per the existing provision of the Food Safety Standard Act, 2006 FSSAI also announced that the inspections are mandatory for issuance of new FSSAI license/registration in case of manufacturing of high-risk food product:

Milk and milk products
Slaughterhouses
meat and meat products etc

Extension of Annual Returns Filing Due Date

The timeline for submission of online annual yearly returns (D-1) for the period 2020-21 due for submission on or before 31st May 2021 has been extended till 30th, June 2021. The same has to be filed mandatorily through online mode i.e. through Food Safety Compliance System (FOSCOS)

Procedure to File Annual/Half-Yearly Return

The FBO needs to download the requisite form D1/D2 Based on the kind of business (KOB. Fill in the basic details of the food business and review the details provide and corroborate with the facts declared during the licensing process. In case of any deviations, please update the license by applying for modification through Food Safety and Compliance System (FoSCoS). Upon finalizing the details, the FBO can either send the details through a registered post or email to the licensing authority within the respective jurisdiction. The details of the licensing authority can be accessed through the official website of the FSSAI. Note: Please note that FSSAI doesn’t acknowledge confirming the successful submission of the returns. Know more about the Revised Guidelines of Food Business Annual Return Filing

Waiver of Late Fee for Renewing the License

As per the FSS (Licensing and Registration of Food Businesses) Regulations 2011], the FBO needs to pay a late of Rs. 100 to Rs. 3000 in case of not applying for renewal as early as 30 days before the expiry of the license. With this notification, FSSAI announced that no late fee for renewal of licenses shall be charged till 30th June 2021, i.e. no late fee for renewal application will be charged for licenses, if filed on or before 30th June 2021. As the process for renewal of license and registration is completely online and renewals can be filed as early as 180 days before the expiry of license and registration, food businesses are advised to file the renewal application well in time to avoid the expiry of their licenses and registrations and causing unnecessary hassle to themselves. FSSAI also clarified that the late fee applicable on renewals applied after 30h June 2021 will be charged as per the provisions in FSS (Licensing and Registration of Food Businesses) Regulations 2011.

Other Announcements

The relaxations so mentioned shall cease with effect from June 30^th 2021 irrespective of the status of lockdown/ curfew/ containment at any location.