Mandatory Modification or Migration of FSSAI License or Registration

Mandatory Modification or Migration of FSSAI License or Registration. The Food Safety and Standards Authority of India (FSSAI) is a statutory body established under the Food Safety and Standards Act, 2006. The primary role of FSSAI is to regulate and oversee food safety and standards in India. One of the key responsibilities of businesses in the food industry is to obtain an FSSAI license or FSSAI Registration to ensure compliance with food safety standards. As per recent developments, the FSSAI has mandated modifications and the migration of existing licenses to a unified food license platform. This has created the need for businesses to update their FSSAI licenses to reflect the new processes and requirements. The Standard Operating Procedure (“SOP”) for mandatory modification and migration of FSSAI licenses is designed to guide businesses through this transition, ensuring legal compliance and continued operations in the food industry.
FSSAI License/Registration Modification and Migration
FSSAI license or FSSAI Registration modification and migration refer to the process by which food business operators (“FBOs”) update their existing FSSAI licenses in line with the new requirements under the FSSAI Food Licensing and Registration System (“FLRS”). The migration aims to streamline the licensing process, standardise licensing procedures, and bring more efficiency to the system. This has been issued via Notification vide dated May 28, 2020 upon launching the FoSCoS portal issuing directions for the existing manufacturers to modify their licenses granted earlier through FLRS.
FSSAI has implemented these modifications to ensure that all food businesses are on a unified platform, making it easier for regulators, food inspectors, and stakeholders to manage and track licenses. The migration process involves the transfer of legacy data and licenses to the new system, along with updating details like the nature of business, premises, and license categories.
Why are Migration and Modification Necessary?
The primary reasons for the mandatory migration and modification of FSSAI Registrations or licenses include:

Centralized Licensing System: The move aims to bring all FSSAI licenses under one unified system for improved tracking and regulation. This eliminates discrepancies and creates a single, reliable source of information regarding licensed FBOs.

Compliance with Food Safety Standards: The migration ensures that all licenses meet the current food safety and regulatory standards established by the FSSAI.

Simplification of Procedures: By standardizing the process, FSSAI aims to make the licensing process more transparent and efficient for both businesses and regulators.

Technological Advancements: The introduction of an online platform allows for the automation of the entire licensing process, reducing human intervention and potential errors.

When is FSSAI License/Registration Modification and Migration Required?
Modification and migration of the FSSAI license or Registration are required under the following circumstances:

Existing License Holders: If a food business already holds a FSSAI Registration or license issued under the old system, it must modify and migrate to the new platform.

Changes in Business Nature: If the nature of the food business changes, such as a change in the premises or the scale of operation, a FSSAI Registration or license modification is required.

Relocation of Business: If the business premises are relocated, the FBO must update the address and other details in the FSSAI license.

Upgradation of License: Businesses that were previously under FSSAI registration but now need to obtain a full-fledged license due to expansion or change in activities must migrate their registration to a proper license.

License Expiry: When the existing license expires, it will need to be modified and migrated to the new system before renewal.

Key Requirements for FSSAI Registration or License Modification and Migration
Businesses seeking to modify or migrate their FSSAI Registration or License must ensure that they fulfill the following key requirements:

Correct Details: The FBO must ensure that all the business details, including the name, address, type of food business, and capacity, are accurately entered into the new system.

Document Submission: Updated documents and certificates may be required during the migration process, including proof of business activity, ownership, and compliance with food safety standards.

Compliance with Standards: The business must meet all the necessary hygiene, food safety, and quality standards set by FSSAI for its particular category of license.

Fee Payment: The applicable license fee must be paid as part of the migration process. This varies depending on the nature of the food business and the size of the operations.

Submission of Declaration: A declaration of compliance with the Food Safety and Standards Act, 2006, and its related regulations must be submitted by the FBO during migration.

Process for FSSAI Registration License Modification and Migration
The process for modifying and migrating an FSSAI license involves several crucial steps. The following SOP outlines the key steps:
Step 1: Log in to the FSSAI FOSCOS Portal

Visit the official FSSAI FOSCOS portal https://foscos.fssai.gov.in/.

Use the credentials associated with the existing FSSAI license to log in to the portal.

If you do not have an account, register as a new user.

Step 2: Select the 'Modification' or 'Migration' Option

On the dashboard, click on the "License and Registration" tab.

From the available options, select either “Modification” or “Migration” as required by your business.

Businesses can migrate their existing licenses by selecting the appropriate option, which will redirect them to the necessary forms.

Step 3: Fill in the Relevant Details

Complete the modification form by entering all required details, such as the business premises address, the nature of operations, and any changes in the scale of operations.

Businesses must ensure that the details are accurate and up-to-date. Incorrect or outdated information may delay the migration process.

Step 4: Submit Required Documents

Upload the necessary documents for verification. These may include:

Proof of ownership or lease agreement for the business premises.

GST Registration Certificate (if applicable).

Food safety management system certificates, such as ISO or HACCP, where applicable.

Any other regulatory certificates based on the business type.

Step 5: Fee Payment

Pay the required fee for migration/modification. The fee structure is based on the size and category of the food business. This can be paid online via the FSSAI portal.

Step 6: Review and Submit

Review all the entered details and uploaded documents carefully.

Submit the application for modification or migration.

Step 7: Acknowledge Submission

Upon successful submission, an acknowledgment receipt will be generated. Save this receipt as proof of submission.

The FSSAI will review the application and may request additional information or clarification.

Step 8: Follow-up and Finalization

After the application is reviewed, FSSAI will process the request and update the license in the system.

The updated FSSAI license, reflecting the new modifications or migration, will be issued.

Common Challenges During Migration and Modification

Data Inconsistencies: Discrepancies between the information in the old system and the new platform may delay the process.

Incomplete Documentation: If any required documents are missing or incorrectly uploaded, the FSSAI may reject the application or request additional documents.

Fee Miscalculations: Incorrect payment of fees, either too low or too high, can result in the rejection of the application.

Consequences of Non-Compliance
Failure to migrate or modify a FSSAI Registration or license within the stipulated timeframe can have serious consequences, including:

Penalties: FBOs may be subjected to penalties under the Food Safety and Standards Act, 2006, for not complying with the mandatory migration process.

Revocation of License: Non-compliance could lead to the cancellation or suspension of the FSSAI license, which may impact the operation of the business.

Legal Consequences: Continued non-compliance may also result in legal actions, including prosecution for violating food safety regulations.

Conclusion
The mandatory modification and migration of FSSAI Registrations or licenses are crucial steps for ensuring that food business operators remain compliant with the latest food safety and regulatory requirements. The SOP outlined above offers a clear and systematic process for modifying or migrating an FSSAI license. By adhering to the steps and guidelines set forth by the FSSAI, food businesses can ensure smooth migration to the new system, avoiding penalties and continuing to operate within the legal framework of food safety in India.
FAQs
Q1. Can I track the status of my FSSAI license migration application online through the FOSCOS portal?
Ans. Yes, FOSCOS typically provides a tracking mechanism or dashboard where you can monitor the progress of your migration application and receive updates on its status.
Q2. What type of data migration is involved in the FSSAI license migration process?
Ans. The migration involves transferring legacy data from FLRS to FOSCOS, including details like business nature, premises information, and license categories.
Q3. Does the migration require re-uploading all documents, or is it a data transfer?
Ans. While it's primarily a data transfer, you might need to update or re-upload certain documents to comply with the new requirements of the FOSCOS system.
Q4. How does the migration to FOSCOS impact the existing license validity period?
Ans. The migration itself doesn't change the original validity period of the license, but it ensures the license remains valid within the new unified system.
Q5. What are the technical requirements for accessing and completing the FSSAI license migration on the FOSCOS portal?
Ans. You'll need a stable internet connection, a compatible web browser, and valid login credentials for your existing FSSAI license to access and complete the migration process on the FOSCOS portal.

The Food Safety and Standards Authority of India (FSSAI) is a statutory body established under the Food Safety and Standards Act, 2006. The primary role of FSSAI is to regulate and oversee food safety and standards in India. One of the key responsibilities of businesses in the food industry is to obtain an FSSAI license or FSSAI Registration to ensure compliance with food safety standards. As per recent developments, the FSSAI has mandated modifications and the migration of existing licenses to a unified food license platform. This has created the need for businesses to update their FSSAI licenses to reflect the new processes and requirements. The Standard Operating Procedure (“SOP”) for mandatory modification and migration of FSSAI licenses is designed to guide businesses through this transition, ensuring legal compliance and continued operations in the food industry.

FSSAI License/Registration Modification and Migration

FSSAI license or FSSAI Registration modification and migration refer to the process by which food business operators (“FBOs”) update their existing FSSAI licenses in line with the new requirements under the FSSAI Food Licensing and Registration System (“FLRS”). The migration aims to streamline the licensing process, standardise licensing procedures, and bring more efficiency to the system. This has been issued via Notification vide dated May 28, 2020 upon launching the FoSCoS portal issuing directions for the existing manufacturers to modify their licenses granted earlier through FLRS.

FSSAI has implemented these modifications to ensure that all food businesses are on a unified platform, making it easier for regulators, food inspectors, and stakeholders to manage and track licenses. The migration process involves the transfer of legacy data and licenses to the new system, along with updating details like the nature of business, premises, and license categories.

Why are Migration and Modification Necessary?

The primary reasons for the mandatory migration and modification of FSSAI Registrations or licenses include:

Centralized Licensing System: The move aims to bring all FSSAI licenses under one unified system for improved tracking and regulation. This eliminates discrepancies and creates a single, reliable source of information regarding licensed FBOs.
Compliance with Food Safety Standards: The migration ensures that all licenses meet the current food safety and regulatory standards established by the FSSAI.
Simplification of Procedures: By standardizing the process, FSSAI aims to make the licensing process more transparent and efficient for both businesses and regulators.
Technological Advancements: The introduction of an online platform allows for the automation of the entire licensing process, reducing human intervention and potential errors.

When is FSSAI License/Registration Modification and Migration Required?

Modification and migration of the FSSAI license or Registration are required under the following circumstances:

Existing License Holders: If a food business already holds a FSSAI Registration or license issued under the old system, it must modify and migrate to the new platform.
Changes in Business Nature: If the nature of the food business changes, such as a change in the premises or the scale of operation, a FSSAI Registration or license modification is required.
Relocation of Business: If the business premises are relocated, the FBO must update the address and other details in the FSSAI license.
Upgradation of License: Businesses that were previously under FSSAI registration but now need to obtain a full-fledged license due to expansion or change in activities must migrate their registration to a proper license.
License Expiry: When the existing license expires, it will need to be modified and migrated to the new system before renewal.

Key Requirements for FSSAI Registration or License Modification and Migration

Businesses seeking to modify or migrate their FSSAI Registration or License must ensure that they fulfill the following key requirements:

Correct Details: The FBO must ensure that all the business details, including the name, address, type of food business, and capacity, are accurately entered into the new system.
Document Submission: Updated documents and certificates may be required during the migration process, including proof of business activity, ownership, and compliance with food safety standards.
Compliance with Standards: The business must meet all the necessary hygiene, food safety, and quality standards set by FSSAI for its particular category of license.
Fee Payment: The applicable license fee must be paid as part of the migration process. This varies depending on the nature of the food business and the size of the operations.
Submission of Declaration: A declaration of compliance with the Food Safety and Standards Act, 2006, and its related regulations must be submitted by the FBO during migration.

Process for FSSAI Registration License Modification and Migration

The process for modifying and migrating an FSSAI license involves several crucial steps. The following SOP outlines the key steps:

Step 1: Log in to the FSSAI FOSCOS Portal

Visit the official FSSAI FOSCOS portal https://foscos.fssai.gov.in/.
Use the credentials associated with the existing FSSAI license to log in to the portal.
If you do not have an account, register as a new user.

Step 2: Select the 'Modification' or 'Migration' Option

On the dashboard, click on the "License and Registration" tab.
From the available options, select either “Modification” or “Migration” as required by your business.
Businesses can migrate their existing licenses by selecting the appropriate option, which will redirect them to the necessary forms.

Step 3: Fill in the Relevant Details

Complete the modification form by entering all required details, such as the business premises address, the nature of operations, and any changes in the scale of operations.
Businesses must ensure that the details are accurate and up-to-date. Incorrect or outdated information may delay the migration process.

Step 4: Submit Required Documents

Upload the necessary documents for verification. These may include:

Proof of ownership or lease agreement for the business premises.
GST Registration Certificate (if applicable).
Food safety management system certificates, such as ISO or HACCP, where applicable.
Any other regulatory certificates based on the business type.

Step 5: Fee Payment

Pay the required fee for migration/modification. The fee structure is based on the size and category of the food business. This can be paid online via the FSSAI portal.

Step 6: Review and Submit

Review all the entered details and uploaded documents carefully.
Submit the application for modification or migration.

Step 7: Acknowledge Submission

Upon successful submission, an acknowledgment receipt will be generated. Save this receipt as proof of submission.
The FSSAI will review the application and may request additional information or clarification.

Step 8: Follow-up and Finalization

After the application is reviewed, FSSAI will process the request and update the license in the system.
The updated FSSAI license, reflecting the new modifications or migration, will be issued.

Common Challenges During Migration and Modification

Data Inconsistencies: Discrepancies between the information in the old system and the new platform may delay the process.
Incomplete Documentation: If any required documents are missing or incorrectly uploaded, the FSSAI may reject the application or request additional documents.
Fee Miscalculations: Incorrect payment of fees, either too low or too high, can result in the rejection of the application.

Consequences of Non-Compliance

Failure to migrate or modify a FSSAI Registration or license within the stipulated timeframe can have serious consequences, including:

Penalties: FBOs may be subjected to penalties under the Food Safety and Standards Act, 2006, for not complying with the mandatory migration process.
Revocation of License: Non-compliance could lead to the cancellation or suspension of the FSSAI license, which may impact the operation of the business.
Legal Consequences: Continued non-compliance may also result in legal actions, including prosecution for violating food safety regulations.

Conclusion

The mandatory modification and migration of FSSAI Registrations or licenses are crucial steps for ensuring that food business operators remain compliant with the latest food safety and regulatory requirements. The SOP outlined above offers a clear and systematic process for modifying or migrating an FSSAI license. By adhering to the steps and guidelines set forth by the FSSAI, food businesses can ensure smooth migration to the new system, avoiding penalties and continuing to operate within the legal framework of food safety in India.

FAQs

Q1. Can I track the status of my FSSAI license migration application online through the FOSCOS portal?

Ans. Yes, FOSCOS typically provides a tracking mechanism or dashboard where you can monitor the progress of your migration application and receive updates on its status.

Q2. What type of data migration is involved in the FSSAI license migration process?

Ans. The migration involves transferring legacy data from FLRS to FOSCOS, including details like business nature, premises information, and license categories.

Q3. Does the migration require re-uploading all documents, or is it a data transfer?

Ans. While it's primarily a data transfer, you might need to update or re-upload certain documents to comply with the new requirements of the FOSCOS system.

Q4. How does the migration to FOSCOS impact the existing license validity period?

Ans. The migration itself doesn't change the original validity period of the license, but it ensures the license remains valid within the new unified system.

Q5. What are the technical requirements for accessing and completing the FSSAI license migration on the FOSCOS portal?

Ans. You'll need a stable internet connection, a compatible web browser, and valid login credentials for your existing FSSAI license to access and complete the migration process on the FOSCOS portal.