Food Safety and Standards Authority of India (FSSAI) – an overview

INTRODUCTION

The Food Safety and Standards Authority of India (FSSAI) is a statutory body established on 5^th August, 2011, under the Food Safety and Standards Act, 2006 regulated under the Ministry of Health and Family Welfare, Government of India. The “FSSAI” consists of a Chairman, the leading head and his twenty-two companion members to support his functioning. FSSAI is responsible for protecting and promoting public health through regulation and supervision of food safety in the country.

FSSAI registration is altogether mandatory for every operator involved in the food business like manufacturing, processing, storage, distribution and sale of food products. This is the 14 digit registration or license number that is printed on all food packages.

FSSAI Registration Benefits:

• It creates trust and credibility among the customers
• Government funding and loans
• Use of FSSAI Logo
• Brand Value
• Recognition of Government
• Permit of food business
• FSSAI logo is widely recognized and hence can ensure goodwill among consumers
• Hygiene and cleanliness are regulated and followed when registration is involved
• FSSAI license is important for the import and export of food products
• FSSAI is mandatory when you sell food products online

Who is required to register with FSSAI?

From hawkers, domestic vendors or to all those operating and involved in the food industry to inclined to gain access to the food chain, need to essentially register with FASSAI. Whether they may be working online or offline, or a local player or engaged in the import or export of food products, mandatorily need to get registered with FSSAI.

A Food license under FSSAI is mandatory for those whose business falls in any of the following categories listed below:-

• Procurement
• Restaurant
• Manufacture
• Retailer
• Wholesaler
• Transporter
• Distribution
• Processing
• Packaging
• Storage
• Selling

TYPE OF FSSAI REGISTRATION: 

As per the FSSAI Act, 2006 all food business is required to be registered/licensed under the following 3 categories:

1. FSSAI Basic registration-

FSSAI Basic Registration is required for all Food Business Operators (FBOs) involved in the small -scale food business. It is required for the entity whose annual turnover is less than Rs. 12 Lakh. Basic registration can be upgraded to a state license as your sales graph grows.

2. FSSAI State License:

This license applies to those medium-sized companies whose annual turnover is between 12 lakh to 20 crores.

3. FSSAI Central License:

This license is generally applicable to large businesses having an annual turnover of more than 20 crores or more. It is also required in the cases where the business is supplying its products to any government office or involved in the process of import/export of food products into or from the country.

VALIDITY PERIOD OF FSSAI REGISTRATION:

FSSAI licenses issued for a food business are valid for a period of 1 to 5 years and it is mandatory to apply for a renewable license 30 days before the expiry of the existing license. Non-renewal of license may attract a fine of Rs. 100/- per day until renewable.

PROCEDURE TO REGISTRATION UNDER FSSAI:

• FBOs can obtain FSSAI Registration online by filling and submitting the FSSAI registration form i.e. Form-A (Application for registration) or Form –B (Application for State and Central License on the FoSCoS portal.
• Required documents to be accompanied by FSSAI registration form.
• The department will scrutinize the submitted documents.
• If necessary, the department may inspect the food premises before granting the FSSAI Registration Certificate.
• If the department is satisfied that the FBO meets all required criteria, it will issue the FSSAI Registration Certificate.
• FBOs should prominently display the FSSAI Registration Certificate at all places of business during business hours.

TIME FRAME FOR ISSUE OF FSSAI LICENSE: 

Basic FSSAI registration takes 15-20 days from the day of filing of an application.

State and Central License, it may take up to 35-40 days to get your license.

DOCUMENTS REQUIRED FOR FSSAI REGISTRATION:

Depending on the different types of registration and the food business you are running, you will need to submit different documents for registration

For FSSAI Basic Registration:

• Passport size photograph of the authorized person (Self Attested )
• Aadhar card of the authorized person (Self Attested )
• Address proof of business premise
• Declaration signed by the authorized person
• Business constitution certificate
• Food safety management system plan
• List of foods products manufactured or processed
• Bank Account Information

Apart from the above mentioned general documents, some documents are required to obtain an FSSAI state license:

• Form B duly completed and signed
• Plan of processing unit showing
• Photograph of premises the dimensions and operation wise area location
• List of Directors/Partners/Proprietors with Address, Contact Details and Photo ID
• Name and list of equipment and machinery to be used along with the number and installed capacity
• Analysis report of water to be used

Apart from the above mentioned general documents, some documents are required to obtain FSSAI Central License:

• Form B duly completed and signed
• Plan of processing unit showing
• List of Directors/Partners/Proprietors with Address, Contact Details and Photo ID
• Name and list of equipment and machinery to be used along with the number and installed capacity
• Analysis report of water to be used
• Source of raw material for milk and meat, etc.
• IEC code document issued by DGFT
• Supporting document for proof of turnover and transaction
• Declaration form

Manufacturing Units

Including the above mentioned documents, manufacturing unit has to submit the following documents as well:

• The blueprint of warehouse, plant etc.
• A list of all machinery
• Report of a water test
• List of all food categories

AIM OF FSSAI

FSSAI functions under the administrative control of the Ministry of Health and Family Welfare. The main objective of FSSAI is to:

1. Setting science-based standards for articles on food
2. To regulate the manufacture, storage, distribution, import and sale of food
3. To facilitate the safety of food

POWER OF FSSAI

The following are the statutory power that the FSS Act, 2006 gives to the Food Safety and Standards Authority of India (FSSAI):

• Framing regulations for setting food safety standards
• Laying down guidelines for accreditation of laboratories for food testing
• To provide scientific progress and technical assistance to the Central Government
• Collecting and collating data regarding food consumption, contamination, emerging risk etc.
• Dissemination of information and promoting awareness about food safety and nutrition in India.

FSSAI REGISTRATION FEES

The FSSAI registration fees for different types of registration are as follows:

• FSSAI Basic Registration –Fee of Rs. 100
• FSSAI State License- Fee between Rs. 2,500 to 5,000 (depend on the business carried out)
• FSSAI Central Registration- Fee of Rs. 7,500

FSSAI ANNUAL RETURN:

The food business consist of filing two kinds of returns every year

FSSAI form D1-to be filed by every food manufacturer, importer etc. by 31 May and

FSSAI form D-2 (half-yearly return) to be filed by the manufacturer of milk /Milk products by 30^th September/31 March

Non-submission of Annual returns will attract a late fee of Rs. 100 per day till the date of submission of annual return.

PENALTY FOR NON COMPLIANCE

Author: Ajay Kacher – a Legal Associate at IP & Legal Filings, in case of any queries please contact/write back to us at support@ipandlegalfilings.com.