FSSAI Mandates PAN for FSSAI License and Registration

CCl- Compliance Calendar LLP

Volume

1

Rate

1

Pitch

1

The Food Safety and Standards Authority of India (FSSAI) serves as the main body responsible for regulating and supervising food safety across the nation. Established under the Food Safety and Standards Act, 2006, FSSAI's primary objective is to ensure that food products are safe for consumption, thereby safeguarding public health. For Food Business Operators (FBOs), adherence to FSSAI regulations is not merely a legal obligation but also a commitment to maintaining consumer trust and upholding industry standards. Recently, FSSAI has made it mandatory to link PAN with all FSSAI licenses and registrations. Starting October 22, 2024, applicants must provide a valid PAN for all new applications, renewals, and modifications submitted through the FoSCoS portal. This step ensures enhanced compliance and seamless processing of applications.

Understanding PAN and Its Significance

The Permanent Account Number (PAN) is a unique ten-character alphanumeric identifier issued by the Income Tax Department of India. It plays an important role in tracking financial transactions and preventing tax evasion. For businesses, PAN serves as a critical identifier in various financial and regulatory contexts, facilitating transparent and accountable operations.

FSSAI's Mandate on PAN Compliance

In alignment with the Department for Promotion of Industry and Internal Trade's (DPIIT) recommendation to establish PAN as a universal business identifier, FSSAI has mandated the linkage of PAN with all FSSAI State License, FSSAI Central License and FSSAI Registration. This directive, effective from October 22, 2024, requires FBOs to provide their PAN details when applying for new licenses or registrations, as well as during renewals and modifications processed through the Food Safety Compliance System (FoSCoS) portal.

Applicability of the PAN Mandate

The PAN compliance mandate applies to a broad spectrum of FBOs, encompassing manufacturers, traders, restaurants, and e-commerce food businesses. Specifically, it affects:

-New Applicants: FBOs seeking fresh FSSAI licenses or registrations must furnish their PAN details.

-Existing License Holders: Those renewing or modifying their licenses/registrations are required to update their PAN information.

-FBOs Without PAN: Entities not possessing a PAN must submit a formal declaration stating its absence.

Procedure for Linking PAN with FSSAI License/Registration

To comply with the mandate, FBOs should follow these steps:

1. Access the FoSCoS Portal: Visit the official FoSCoS website.

2. Login to Your Account: Use your credentials to access your profile.

3. Navigate to User Profile: Locate the section designated for PAN information.

4. Enter PAN Details: Input the PAN accurately and upload any required supporting documents.

5. Submit and Verify: After submission, ensure that the details are correctly reflected in your profile.

For FBOs applying for registration without a PAN, a declaration form must be completed and submitted through the portal.

Implications for Existing FBOs

Existing FBOs not immediately due for renewal or modification should proactively update their PAN details in the FoSCoS portal's User Profile section. This pre-emptive action ensures compliance and prevents potential disruptions in future transactions. FBOs lacking a PAN are obligated to provide a declaration confirming its non-possession.

Consequences of Non-Compliance

Failure to adhere to the PAN linkage mandate can lead to several adverse outcomes:

-Application Rejection: New license or registration applications lacking PAN details may be denied.

-Operational Hurdles: Incomplete PAN information could result in delays or complications during license renewals or modifications.

-Legal Penalties: Persistent non-compliance may attract penalties under the Food Safety and Standards Act, 2006.

Benefits of PAN Integration with FSSAI License and Registration

Integrating PAN with FSSAI licenses and Registrations offers multiple advantages:

-Regulatory Streamlining: Simplifies the verification process, expediting approvals and renewals.

-Enhanced Transparency: Facilitates better tracking of business activities, promoting accountability.

-Data Consolidation: Assists authorities in maintaining a unified database, improving oversight and policy formulation.

Conclusion

PAN (Permanent Account Number) is an important document for obtaining an FSSAI license or registration. It ensures the legal identity of the business entity and facilitates regulatory compliance. Whether applying as an individual, partnership, or company, having a valid PAN is a prerequisite for smooth processing of the application. If you are an existing FBO under, then it is mandatory to update your PAN in FSSAI License or Registration at the earliest.

FAQs

1. Is PAN mandatory for FSSAI license and registration?

Answer: Yes, PAN is mandatory for all entities applying for FSSAI license or registration, as it serves as proof of identity and tax compliance for the business.

2. Can I apply for an FSSAI license without a PAN?

Answer: No, a valid PAN is required to apply for an FSSAI license. Applications without a PAN will not be processed.

3. Do individual food businesses need a PAN for FSSAI registration?

Answer: Yes, even individuals applying for FSSAI registration must provide their PAN as proof of identity.

4. What type of PAN is required for company-based FSSAI registration?

Answer: For companies, the business entity's PAN is required, not the personal PAN of directors or shareholders.

5. What happens if there is a mismatch between the name on PAN and FSSAI application?

Answer: A mismatch can lead to application rejection. Ensure the name on the PAN matches the name used in the FSSAI application to avoid delays.

6. Can foreign nationals or entities apply for an FSSAI license without an Indian PAN?

Answer: Foreign nationals or entities must obtain an Indian PAN or appoint an authorized representative with a valid PAN to apply for an FSSAI license.

7. Is a PAN card required for FSSAI license renewal?

Answer: Yes, PAN is required for FSSAI license renewal, as it verifies the identity and tax status of the business.

You may also like