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FSSAI State License in India

FSSAI State License

FSSAI State License

Obtaining a Food Business License is a fundamental requirement for food business entities in India. The Food Safety and Standards Authority of India (FSSAI) is issuing FSSAI licenses to all food business operators (FBOs) nationwide. The respective state licensing authority grants the FSSAI State License. FBOs typically secure this license with an annual turnover ranging from more than 12 lakhs to less than 20 crores, with an extended turnover limit of 30 crores for transporters. In this article, we will delve into the specifics of the FSSAI State License, its significance and the procedure to obtain it.

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Benefits of FSSAI License

The benefits of obtaining an FSSAI State License for a food business are listed as follows:

  • Legal Compliance: It ensures your food business operates within the law.
  • Trustworthiness: It boosts consumer trust in your products.
  • Market Expansion: It helps you grow within your state and potentially expand to new areas.
  • Quality Assurance: It ensures your food meets high-quality standards.
  • Consumer Safety: It keeps your customers safe by following safety rules.
  • Competitive Edge: It makes your business more competitive in the food industry.
  • Support and Guidance: FSSAI provides help and updates on regulations.
  • Reduced Risk: It lowers the risk of health issues and legal problems.

In simple terms, having an FSSAI State License helps your food business comply with the law, gain trust, grow, and provide safe, quality products to consumers.

Types of FSSAI Licenses

Food Safety and Standards Authority of India (FSSAI) licenses are essential for various food-related businesses, including manufacturing, trading, restaurants, small eateries, grocery shops, importers, exporters, home-based food businesses, dairy farms, and processors. These licenses are categorized into three types based on the annual turnover of the food business operator:

FSSAI Basic License or FSSAI Registration:

  • Eligibility: FSSAI Registration is required for businesses with an annual turnover of less than 12 lakhs.
  • Description: The basic license suits small food businesses with limited turnover. It is an entry-level license.
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FSSAI State License

  • Eligibility: Mandatory for businesses with an annual turnover between 12-20 crores.
  • Description: A state license is necessary for medium-sized food businesses operating within a specific state. It caters to businesses with moderate turnovers.

FSSAI Central License

  • Eligibility: Compulsory for businesses with an annual turnover exceeding 20 Crores.
  • Description: The central license is essential for large food businesses operating across multiple states or having a substantial annual turnover. It is the highest-level license.

Click here to learn more about the difference between the FSSAI License and FSSAI Registration.

Who Requires an FSSAI License?

Every food business operator in India, including exporters and importers of food items, must obtain an FSSAI license. The Food Safety and Standards Authority of India (FSSAI) mandates that food businesses comply with specific criteria for licensing.

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Eligibility  Criteria For FSSAI State License

The FSSAI has specific eligibility criteria for obtaining a State License for food business operators (FBOs). Here are the eligibility criteria for a State License:

  • FBO with an annual turnover of more than 12 Lakhs but less than 20 crores, except for Transporters:
  • Food business operators with an annual turnover within this range must apply for a State License.
  • Transporters involved in transporting food products have a higher turnover limit for a state license, which is 30 crores.
  • Any mill involved in the processing of cereals, grains, and pulses requires a state FSSAI license.
  • FBO producing food (other than Milk and meat and products made from Milk and Meat) up to 101 Kgs/2 MT Liters per day:
  • Food business operators producing food items other than milk and meat products with a daily production of up to 101 kilograms or 2 metric tons litres per day must apply for a State License.
  • Dairy units, including milk chilling units, which procure or handle and collect milk in between 501 – 50,000 Litres of Milk per day / 2.5 MT – 2,500 MT of Milk Solids per annum:
  • Dairy units involved in handling and processing milk within the specified quantity limits are required to obtain a state FSSAI license.
  • Slaughterhouses with specific slaughtering capacities are required to obtain a state license. The criteria for different types of animals are as follows:
    • Large Animals: 3 to 50
    • Small Animals: 11 to 150
    • Poultry Birds: 51 to 1000

Documents Required for FSSAI State License

The documents required for obtaining an FSSAI State License can vary depending on whether the food business is involved in manufacturing or non-manufacturing activities. Here is a general list of documents required for both manufacturing and non-manufacturing FBOs:

Documents Required for Company
Non-Manufacturing / Non-Producing FBO Manufacturing or Producing FBO
Company Documents

All necessary documents for non-manufacturing or non-producing units, along with the following supplementary documents
Documents of Directors & Nominee

  • Government-issued Photo Identity Card
  • Address Proof
  • Email ID & Mobile Mo (For OTP)
  • Educational Qualification
  • Blueprint/Layout Plan of the Processing Unit: This should include specific meters or square meters dimensions detailing the area allocated for each operation.
  • Photograph of the Manufacturing/Production Unit.
  • Detailed List of Machinery and Equipment: This list should specify the number of each item, their installed capacity, and the horsepower they use.
  • Water Test Analysis Report: If water is used as an ingredient, a chemical and bacteriological analysis report from a recognized public health laboratory is required. This report should confirm the water’s potability and include the name of the authorized laboratory representative who collected the sample and the collection date. (This document is not required if water is not used as an ingredient.)
  • Recall Plan: A strategy outlining the procedures to be followed in case of a product recall.
Proof of Address of Food Business.

  • Sale Deed/ Rent agreement, and
  • Electricity Bill Not Older than two months
Note: A nominee is responsible for compliance with Food laws, rules, and regulations for the Food Business.
Documents Required for LLP
Documents Required for Partnership Firms
Documents Required for Individual/Proprietor Documents
Documents Required for Society
Documents Required for Trust
Additional Documents Required for FSSAI State License

Process for Obtaining FSSAI State License

Securing an FSSAI State License is crucial for food businesses and involves several key steps. Here is a simplified overview of the process:

Step 1: Document Preparation and Application Submission

  • Gather all the necessary documents required for your specific food business category.
  • Complete the FSSAI application form, which is typically Form B.
  • Submit the application form through the online portal FOSCOS (Food Safety Compliance System).
  • Ensure that the standard fees are paid during the application submission.

Step 2: Application Scrutiny

  • FSSAI officials will examine your application and the submitted documents in depth.
  • This scrutiny is essential to verify that all the required information and documents are in order.

Step 3: On-Site Inspection (if necessary)

  • In some cases, FSSAI officials may inspect your business premises on-site.
  • The purpose of the inspection is to assess the level of compliance with food safety regulations.

Step 4: Grant of State FSSAI License

  • If your application is found to comply with the regulations and standards, the licensing authority will grant you the State FSSAI License.
  • It is important to note that the licensing authority may revoke the application if non-compliance issues are identified.

Step 5: Commence Business Operations

  • You can commence your food business operations once you have obtained the State FSSAI License.
  • Ensure that you prominently display the FSSAI License at your business premises as regulations require.

Penalties for Non-Compliance

A valid FSSAI license is a mandatory requirement for starting a food business. Failure to do so can result in significant penalties and legal consequences for food business operators (FBOs).

  • FBOs operating without a valid food license may be subjected to fines. The penalty can go up to Rs 10 lakhs.
  • In addition to fines, individuals involved in food businesses without a valid license may face imprisonment for a period of up to six months.
  • In situations where unsafe food provided by the FBO leads to grievous injuries to consumers, the penalties can be much more severe. In such cases, imprisonment may extend to six years or more.

Suppose an FBO is guilty of non-compliance under the Food Safety and Standards Act. In that case, all the directors, partners, managers, or secretaries associated with the FBO can also be held liable for legal proceedings and punishments under the Act.

FSSAI State License Validity

Effective January 12, 2023, the FSSAI has introduced new regulations regarding the validity of FSSAI State Licenses. According to these regulations, a State License granted under these Regulations will be valid for one year from the issue date. This license can be auto-renewed for subsequent one-year periods under specific conditions.

FSSAI State License Renewal

To be eligible for auto-renewal, the following conditions must be met:

  • No Change in License Details: The existing details of the license must remain unchanged.
  • No Cancellation/Suspension: The license to be renewed should not be cancelled or suspended.

Annual Returns for Manufacturers and Importers

Manufacturers and importers applying for renewal must have filed their annual returns with FoSCoS (Food Safety Compliance System) before applying for renewal.

Prescribed Date For License Renewal

In a separate order dated October 29, 2021, the FSSAI has expanded the renewal application window. Operators can apply for FSSAI license renewal starting 180 days before the license expires and extending up to 180 days after the license expires.

Inspection Requirement

Designated officers may conduct inspections before renewal if deemed necessary. However, no inspection is needed if the Food Business Operator (FBO) possesses a valid certificate from an agency accredited by the Food Authority, an accredited food safety auditor, or any other organization notified by FSSAI.

Penalties for Late Renewal

Late renewal applications filed within 180 days after the license’s expiration will incur penalties as follows:

  • Three times the existing annual license fee during the first 90 days after the original expiry date.
  • An additional two times the existing annual license fee (totalling five times the original fee) from the 91st to the 180th day after the original expiry date.

Non-Renewal Consequences

No renewal application can be filed after 180 days from the original expiration date. During the period between the original expiry date and the issuance of the renewed license, FBOs are prohibited from conducting any food business. Engaging in the food business during this period will result in penalties and punishments as per Section 63 of the FSS Act, 2006.

Know more about FSSAI License Regulations on Food Packaging

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