FSSAI Registration / License

Food Safety and Standards Authority of India is a regulatory authority established under Food Safety and standard Act 2006 for laying down scientific standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption.

A hawker is also known as a mobile food vendor/Itinerant. They also need to register themselves with the FSSAI. They do not have fixed premises from which they will operate. Thus, there is no need for submitting documents for premises at the time of registration. It is always advisable for them to seek registration on their own to save cost.

However, the petty retailers of snacks or tea shops do not fall into the category of mobile food vendor / Itinerant as they operate from fixed premises and as such is required to seek FSSAI Registration if turnover is less than 12 lac and in case turnover exceeds 12 lacs then state level license is needed.

Every food business requires FSSAI registration or License. It is mandatory for a business either to apply for registration or licence. This decision is based on factors like

• the Capacity of production
• handling
• Nature of food business activities,
• Number Places of operation,
• Area of operation is within India or Abroad.

On the basis of the above, the food business operator (FBO) need to assess whether the business should apply for registration or license. We are serving food business all over India with all compliances under FSSAI.

Every FBO which has a turnover less than 12 lakhs need to apply for registration whereas if the turnover is more than 12 lakhs it is required to apply for the licence with Food Safety and Standard Authority of India (FSSAI), Ministry of Family Health & Welfare, Government of India. For any confusion concerning the applicability issue of FSSAI, you may contact team setindiabiz.

The Licence is divided into two categories:

• Central Licence
• State Licence

Whether an FBO needs to apply for Central Or State licence will depend on the nature of the business, its turnover and area of operation. For instance, the guiding principles are as under:

• State License is required when the Turnover of the FBO is more than Rs. 12 Lac but less than 20 Crore in case it is a retail business or Rs. 30 Cr if the FBO operates as Whole Sellers
• In cases where the turnover exceeds the maximum limit prescribed for state license the FBO shall need to obtain a Central License.
• If FBO is operating in more than one state a state license then they are also required to obtain a central licence at the registered office/head office.
• Importers are required to have a single central Licence at the address where the Import Export Code (IEC) is registered.

Every person or entity engaged in the business of Food require to get itself registered with the FSSAI, such registration is also known as Food Registration. There is no minimum turnover prescribed; however, the maximum limit is set at 12 lac. This means that every person (Food Business Operator) starting food business need to get itself registered with FSSAI, however, if turnover is more than 12 lac then they need to get a License

Every FBO, exceeding the turnover of Rs. 12 Lac need to obtain a license from FSSAI, there are two types of license, one is known as State Food License while another is Central Food License. Apart from turnover, there are many other eligibility criteria to decide as to which license is applicable for FBO.

FSSAI Registration may come within a week time if the controlling authority does not order any inspection. However in cases where inspection is ordered the time required to get FSSAI Registration may be around 30-60 days as prescribed in the FSSAI Act / Regulations.

The registration fee is charged by FSSAI on an annual basis. An application may be made for a period ranging from 1-5 years. The fee for seeking registration with FSSAI is Rs 100 per annum. A Food Business Operator (FBO) may apply for registration for a maximum period of five years.

The licence is valid for the period for which it is issued unless it is cancelled by the FSSAI. An application for renewal must be made before the expiry of the licence. It can be renewed for a maximum period of five years.

The documents required for Food Registration is based on the entity type of applicant seeking FSSAI Registration, For example for aproprietor only his id and photograph is required whereas for a company the documents required also includes legal documents of the company.

• Application Form
• Declaration By the Applicant (Authorised Representative)
• Food Safety Management System Plan
• Nomination of a person for managing affairs of the food business
• Partnership Deed/Self Declaration for Proprietorship/COI & Memorandum & Articles of Association towards the constitution of the firm
• Declaration of Annual Expected Turnover
• PAN Card of Applicant
• Proof of Premises where the FBO is operating
• NOC from the owner of the premises.

• Two Photographs of Promoters/Partners
• PAN Card of Each Promoter/Partners
• Identity Proof of each Promoter/Partners
• Address Proof of Promoter/Partners

A food business has to seek FSSAI Registration for each location at which the business is being carried out. Following are the list of the document which is acceptable as proof of premises where the food business is situated. The premises proof should not be older than two months.

• Electricity Bill
• Gas Bill
• Telephone Bill
• Mobile Bill
• No Objection Certificate (NOC) From the Owner

Before a food business occupies any premises for its activities, a no objection certificate (NOC) must be obtained from the owner of the premises. Similarly, at the time of filing for FSSAI Registration, we need a NOC from the current owner of the premises along with proof of ownership as explained above.

To make an application for grant of FSSAI License, all documents as explained above for FSSAI Registration is required and following are the additional documents.

• Application Form in Form B
• Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation
• Declaration form
• Food Safety Management System Plan or Certificate
• Nomination of a person for managing affairs of the food business
• Constitution documents for the applicant
• Proof of premises at which licence is being sought
• Proof of expected Annual Turnover
• Test analysis report Analysis report of water (Chemical & Bacteriological) if it is being used in the manufacturing process as an ingredient

If the business activity is similar in nature, then only one FSSAI Registration would be sufficient, for example, if the FBO is engaged in the business of fruit & vegetable processing unit & a godown/ store along with it.

In case the FBO is engaged in the business which is not similar then separate FSSAI registration would be required, for example, if an FBO is carrying on activities like processing of meat as well as processing of milk & fruits & vegetables.

Yes, the applicant is legally bound to inform the FSSAI about any material changes in the product category, layout, expansion, closure or any other material information given for the grant of licence /registration with FSSAI . The applicant needs to apply for the modification in the licence/registration and can start the business with such changes only after approval from the FSSAI.

The applicant needs to submit a modification application with the concerned licensing authority for effecting necessary changes along with the Original licence and Licence fee for one year.

The food licence/ registration certificate shall be valid for legal representative or the family members of the deceased until 90 days from the death of the holder of licence or registration certificate. The family members of the deceased shall apply for transfer of the licence within such period of 90 days. The licencing authority may approve or reject such the transfer request.

Every food manufacturer and importer who has been issued a license shall on or before 31st May of each year, submit a return electronically or in physical form as may be prescribed by the concerned Food Safety Commissioner, in Form D1 to the Licensing Authority in respect of each class of food products handled by him during the previous financial year.

Every licensee engaged in manufacturing of milk or milk products shall file half yearly returns for the periods 1st April to 30th September and 1st October to 31st March of every financial year in the form D-2.

Such returns will be filed within a month from the end of the period. Any delay in filing return beyond 31st May of each year shall attract a penalty of Rs 100 per day of delay.