Mandatory Modification/ Migration of FSSAI License

The Food Safety & Standards Authority of India (FSSAI), through a Notification dated March 31, 2022, has issued the Standard Operating Procedure (SOP) for Mandatory Modification of the FSSAI old methodology License (initially granted from the FLRS portal) or migration of State License for Manufacturing of Nutraceuticals and related products. The present article briefs the SOP for Renewing the Existing FSSAI License.

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Mandatory Modification of FSSAI License – Earlier Announcement

The Food Safety & Standards Authority of India (FSSAI) vides a Notification dated May 28, 2020, upon launching the FoSCoS portal issuing directions for the existing manufacturers to modify their licenses granted earlier through FLRS.

The period for mandatory modification without fee was allowed till 31.10.2021, that's up to one year from the pan-India launch of FoSCoS on 1.11.2020.
Further, mandatory modification with a fee of Rs.1000 was allowed till 31.03.2022 vide order of even number dated December 27, 2021.

Similarly, FSSAI vides a notification dated 16th September 2021 issued directions for state-licensed manufacturers of Nutraceuticals and other related products to mandatory migration by such state-licensed manufacturers was extended till 31.3.2022 vide order dated December 27, 2021.

SOP for Renewing the Existing FSSAI License

As the last date for the mandatory modification/migration of the old methodology licenses will be over on 31.3.2022, such FBOs will not be allowed to file renewal of FLRS license with effect from 01.04.2022 If an FBO wants to renew their existing License with effect from 1.04.2022, they have to follow the below standard operating procedure.

Only if the validity of the FSSAI license remains can FBOs get their old methodology license (initially granted from the FLRS portal) modified to the Standardized Product Selection methodology of FoSCoS or can migrate from State License for Manufacturing of Nutraceuticals and other related products to Central License by way of modification within the validity period of the License.
Only FBOs who have modified their License as per point (1) above will be allowed to apply for renewal of their License on FoSCoS.

Click here to get the Official Notification of FSSAI.

Modification of License to Standardized Product Selection methodology of FoSCoS

As mentioned above, FSSAI had issued the order to modify the licenses due to the migration of the existing Food Licence and Registration System (FLRS) to the Food Safety and Compliance System (FoSCoS), and the last date for the modification was fixed for December 31, 2020. Under the FLRS, the manufacturer applicant types the name of the food product to be manufactured in the text box provided. In contrast, in the FoSCoS, the manufacturers will have to select a standardized product only from the list provided on the licensing platform. FSSAI informed that standardized products have classifications per the food category system. If the product does not fall under the standardized category, the FBO must apply under the proprietary food, non-specified food, or supplements/nutraceuticals category, as the case may be. FSSAI says that in case of existing FBOs holding valid licensing for manufacturing of food products, they need to modify their existing License upon migrating to the new system FoSCoS.

Central FSSAI License for Nutraceuticals and Health Supplements Business

Food Safety Standard Authority of India (FSSAI) issued an Order dated September 16, 2021. It informed that the Food Authority had placed food businesses manufacturing Nutraceuticals and Food/Health Supplements under the purview of Central Licensing Authorities. All existing State Licensed Food Businesses involved in the Manufacturing of Nutraceuticals and Food/Health Supplements to need to amend their License to a Central License by December 31, 2021. Renewal Applications for existing State licenses for these products will not be allowed after January 1, 2022. Know more about the Central FSSAI License for Nutraceuticals and Health Supplements Business

Renewal of FSSAI license

FSSAI license is mandatory before starting any food business. All the manufacturers, traders, and restaurants involved in the food business must obtain a 14-digit registration or a license number printed on food packages with the FSSAI Logo. FSSAI license is issued with a validity of 1 year with the option of extending the validity of the License for up to 5 years. Once the FSSAI license's validity expires, it is imperative to renew the License. To continue the business, it is required to be renewed before the expiry of the FSSAI License validity.

Food Safety Standard (Licensing and Registration of Food Businesses) Regulations, 2021 states that FBOs need to apply for renewal of a license as early as 30 days before the expiry date mentioned in the License.
The window for filing a renewal application opens for Food Businesses as early as 180 days before the expiry date.
To facilitate the food businesses to continue with the same license number even after the expiry date, it has been decided with the approval of the Food Authority to enable Food Business Operator to 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.

Click here for more details on the New Policy for Renewing the FSSAI License after the Expiry Date.

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Frequently Asked Questions

Common questions about FSSAI License Modification Migration SOP.

The Standard Operating Procedure (SOP) issued by FSSAI outlines the process for mandatory modification or migration of existing FSSAI licenses. This includes modifying older licenses obtained through the FLRS portal to the new standardized product selection methodology in the FoSCoS portal, as well as migrating state licenses for manufacturing nutraceuticals and related products to central licenses.

The modification or migration of existing FSSAI licenses is necessary due to the transition from the older Food Licence and Registration System (FLRS) to the new Food Safety and Compliance System (FoSCoS). The FoSCoS has a standardized product selection methodology, which requires existing licenses to be modified accordingly. Additionally, FSSAI has mandated that state licenses for manufacturing nutraceuticals and related products must be migrated to central licenses.

The deadline for mandatory modification or migration of existing FSSAI licenses without any fee was initially set at October 31, 2021. After an extension, the final deadline with a fee of Rs. 1000 was March 31, 2022.

If an existing FSSAI license is not modified or migrated by the deadline, the Food Business Operator (FBO) will not be allowed to file for renewal of their FLRS license from April 1, 2022, onwards.

FBOs can renew their existing FSSAI license after modification or migration by following the Standard Operating Procedure (SOP) outlined by FSSAI. Only FBOs who have modified their license as per the new standardized product selection methodology or migrated to a central license (for nutraceuticals and related products) will be allowed to apply for license renewal on the FoSCoS portal.

If an FBO renews their FSSAI license after its expiry date, they will have to pay penalties as follows: three times the existing annual license fee for renewal within 1st to 90th day from the original expiry date, and five times the existing annual license fee for renewal within 91st to 180th day from the original expiry date.

In the older FLRS system, manufacturers could type the name of the food product they wanted to manufacture in a text box. However, in the new FoSCoS system, manufacturers have to select a standardized product from a provided list, classified according to the food category system.

FSSAI issued an order on September 16, 2021, placing the manufacturing of nutraceuticals and health supplements under the purview of central licensing authorities. This was done to bring these products under a centralized licensing system, as opposed to separate state licenses.

An FSSAI license is initially issued with a validity of 1 year. However, the validity of the license can be extended for up to 5 years by renewing it before the expiry date.

IndiaFilings provides expert assistance to food businesses for easily completing the FSSAI registration process and renewing their licenses. Their services can help businesses avoid penalties and ensure compliance with FSSAI regulations.