Overview
In 2006, the Government of India, under the leadership of Union Minister, Dr. Anbumani Ramadoss, led to the establishment of a Statutory Body Called "FSSAI" (Food Safety and Standards Authority of India) under the Food Safety and Standards Act, 2006. FSSAI is a body that works under the Ministry of Health & Family Welfare, GOI, controlled by an Executive chairman (appointed by the central Gov.) including 22 Members look after the "food safety and food regulation" in India. FSSAI came into the picture on 5th September 2008, with its headquarters established in New Delhi. It also has 6 Regional Offices located in Delhi, Guwahati, Mumbai, Kolkata, Cochin, and Chennai, along with having 14 referral laboratories and 72 Laboratories across the nation. FSSAI launched Food Safety Compliance System (“FoSCoS”) on 1st June 2020 replacing the existing online registration system of FLRS.
As the name suggests "FSSAI- Food Safety and Standards Authority of India," the leading working of FSSAI is to look after the food Industries in the nations and keep a close eye on the quality of Food, materials used, standards regulations, contaminations, emerging risks, food safety, nutrition, etc. FSSAI ensures that the food products are of top quality, maintaining the standards. It ensures that there does not happen any food adulteration and sale of sub-standard products to the customers or consumers affecting their health, hygiene, immunity, nutritional intakes, etc. So, to take account of all the food industries going under the nose of Indian territory, the FSSAI has specific rules, statutes, and regulations that are binding upon all the producers present in the food industry. As, part and parcel of the powers of the body, it looks after the quality check test, registering, licensing, renewal, return filings, complaints, etc. which are certain established norms, regulations, and Code of Conduct which is mandatory and binding upon the "Food Business Operators (FBO)" in India, i.e., whoever is operating a food business in the country. If you are into starting a large scale "Food Industry" or a small scale "Food Business" or even thinking to start a small "Food Truck or a restaurant or dinner or a window Kitchen, etc." then this is probably the best space for you to know all about the Food Industry Legal Compliances or FSSAI Legal Compliance, the ways which you have been looking for to kick start your lawful and risk-free Food Business Operations.
FSSAI Registration, often referred to as the Food License, is mandatory for all entities involved in the food business. This encompasses businesses that store, transport, manufacture, or distribute food products. Depending on the scale and nature of the business, different categories of FSSAI registration are required. Once registered, Food Business Operators (FBOs) receive a 14-digit unique number, which must be printed on all food packages. Getting an FSSAI License not only provides legal benefits but also builds consumer trust, ensures compliance, and helps in business expansion. Compliance Calendar LLP is a professional service provider that helps obtaining FSSAI Licenses across India, guiding businesses in choosing the correct food category and license type.
Who are Food Business Operators (FBOs) in India?
Food Business Operators (FBOs) are individuals or entities engaged in activities such as processing, storing, manufacturing, selling, packaging, distributing, or retailing food products in India. The FSSAI regulates and manages food businesses to ensure adherence to strict food safety standards. Here are some of the key responsibilities and duties of FBOs:
- Obtain a License: Every FBO must obtain a valid license from the food safety authority in their respective State or Union Territory and comply with all food safety and hygiene regulations.
- Ensure Food Safety: It is important for FBOs to ensure that the food products they offer are safe for human consumption and do not pose any health risks to consumers. They must implement all necessary measures to prevent the spread of diseases through food.
- Maintain Cleanliness: FBOs are responsible for keeping their premises clean and free from contaminants. Proper sanitation facilities must be maintained to uphold hygiene standards.
- Label Products Properly: All food products must be labelled with essential information, such as the list of ingredients, manufacturing date, shelf life, and storage instructions, to ensure consumer awareness.
- Record-Keeping: FBOs must maintain records of all food items they process, sell, or manufacture. These records should be readily available for inspection by the food safety authority when required.
- Cooperate with Inspections: Food business premises must be accessible for inspections by food safety officials, and FBOs should cooperate with investigations into food-related complaints or incidents.
Benefits of FSSAI Registration in India
Obtaining FSSAI Registration provides various benefits for food businesses.
- Consumer Trust and Loyalty: An FSSAI License assures consumers that the food being offered is safe, thus building trust and increasing consumer loyalty.
- Legal Compliance: FSSAI Registration ensures that the business operates legally, avoiding potential legal complications and penalties.
- Business Growth: An FSSAI License enables smooth business operations and opens up avenues for growth and expansion.
- Reputation Building: It enhances the reputation of the business within the food industry, increasing brand visibility and goodwill.
- Regulation of Imports: FSSAI Registration helps simplify the processes involved in the import, distribution, storage, and sales of food products, making business operations more efficient.
Types of FSSAI Licenses in India
FSSAI Licenses are categorized based on the business’s turnover, type, and capacity of food production. The three main types of FSSAI Licenses are:
- FSSAI Basic Registration: This is for small-scale food businesses with an annual turnover of less than Rs. 12 lakhs. The registration form required is Form-A.
- FSSAI State License: Medium-sized food businesses with an annual turnover between Rs. 12 lakhs and Rs. 20 crores need to apply for this license. The form required is Form-B.
- FSSAI Central License: Large businesses, including those involved in food import/export or operating across multiple states, with an annual turnover of more than Rs. 20 crores, must apply for this license using Form-B.
Who Requires FSSAI Registration/License?
Food Business Operators involved in the following activities are required to have an FSSAI Registration or License:
- Importers and Exporters: Those dealing in food products or ingredients.
- Manufacturers of Proprietary or New Foods: Businesses involved in the creation of new or unique food products.
- Slaughterhouses: Units involved in the slaughter of animals for meat.
- Meat and Fish Processing Units: Businesses handling the processing of meat and fish.
- Dairy Units: This includes milk vendors, chilling units, and petty milkmen.
- Vegetable Oil Processing Units: Entities involved in the extraction and processing of vegetable oils.
- Cold Storage Units: Facilities used for storing perishable food items.
- Retail Shops and Bakeries: Small snack shops, grocery stores, and other retailers.
- Food Premises: Stalls, food courts, and any fixed or temporary locations selling or distributing food.
- Repackaging Units: Facilities that repackage food items for distribution.
- Transporters: Businesses responsible for transporting food items.
- Restaurants, Bars, and Hotels: Establishments offering food and beverage services.
- Catering and Vending Agencies: Providers of catering services and food vending.
- E-commerce Food Suppliers: Online food delivery platforms, including cloud kitchens.
- Distributors and Wholesalers: Businesses involved in the wholesale supply of food products.
Eligibility Criteria for FSSAI Registration
The eligibility criteria vary based on the type of license:
- Basic Registration:
- Suitable for small businesses like cake shops, petty food manufacturers, or transporters with an annual turnover of up to Rs. 12 lakhs.
- Validity: 1 to 5 years.
- State License:
- Applicable to medium-sized enterprises like distributors, transporters, or storage facilities with a turnover between Rs. 12 lakhs and Rs. 20 crores.
- Validity: 1 to 5 years.
- Central License:
- Necessary for large-scale businesses, including importers and companies operating across multiple states, with a turnover of over Rs. 20 crores.
- Validity: 1 to 5 years.
Documents Required for FSSAI Registration
The following are the documents required for Online FSSAI Registration in India
- Basic Registration:
- Identity proof of the FBO
- Business registration documents (e.g., incorporation certificate, shop license)
- Food Safety Management System (FSMS) plan
- Bank account details
- Proof of possession of business premises (e.g., rental agreement, utility bills)
- List of food items handled
- FSSAI State License:
- Duly filled Form-B
- Water analysis report
- Equipment and machinery details
- List of directors/partners with ID and address proof
- Layout of the processing unit
- FSSAI Central License:
- Duly filled Form-B
- Water analysis report
- Equipment details and installed capacity
- List of directors/partners with full details
- Source of raw materials
- Import Export Code (IEC) from DGFT
- Supporting documents for turnover and transportation
Online Step-by-Step Procedure for FSSAI Registration
- Filing the Application Form: The FBO must complete Form-A (for Basic Registration) or Form-B (for State/Central License) on the FoSCoS portal.
- Document Submission: Upload all necessary documents along with the application form.
- Application Review: The Food Department reviews the application and documents within 7 days. If rejected, the department will notify the applicant in writing.
- Inspection of Food Premises: The department may conduct an inspection of the food premises before granting the license.
- Issuance of FSSAI Certificate: Upon approval, the FBO will receive an FSSAI Certificate with the unique 14-digit registration number, which must be displayed prominently at the business premises.
Non-Compliance Consequences
Any person who wishes to go for Registration needs to comply with all the proper documentation or, say, with the compliance works. Registration Applicant must abide by all the FSSAI Act's rules and regulations.
Some of the possible drawbacks of Non-Compliance are:
- Rejection of "Registration Application."
- Non- application of Registration or Non- Registration may lead to a fine of up to Rs.5 Lakhs as per India's Food Safety and Standards Authority.
- If any person or food company operator (excluding those exempted from licensing) is needed to obtain a Registration but manufactures, trades sells, or distributes any food commodity without one, they may be sentenced to up to 6 months in prison and punishment of up to Rs. 5,00,000 in fines.
It is always suggested to the Food Industry Operators to keep the legal compliance works on top of all the other procedures needed to be followed to run a happy, smooth, upscaling, and risk-free Food Industry. You may always find various sources regarding Legal Compliance work, but it is essential to choose the most experienced experts to trust your dream. Our dedicated and most experienced team of Professionals at “compliancecalendar.in” are waiting to help you out in the best possible way out.
Why Do You Need FSSAI Registration from Us?
Suppose you are someone who is into the food business carrying out the activities like manufacturing, storage, processing, distribution, and sale of any food products or products, which in any sense can be categorized as Food or its derivatives. In that case, it is a compulsory obligation to obtain the FSSAI Registration. Legal Compliance work is not a corporate piece of work; instead, it involves due care caution, knowledge about the legal work, documentation, drafting, etc., which is very obvious to go wrong if you are not a legal expert. Never Worry! We at "compliancecalendar.in " are here to assist you 24/7. If you need any assistance, reach out at 9988424211 or feel free to even drop us an email to info@ccoffice.in. We have a dedicated team working together "Simplifying Legalities & Fostering Governance."
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