Tax Registration & License: FSSAI Registration— MUDS
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Tax Registration & License: FSSAI

  • Assistance in New FSSAI License for Company
  • Existing FSSAI License renewal service
  • Compilation of documents and follow-up from FSSAI
  • Advisory on opening a new eatery and obtaining a license
  • Compliance assistance for companies post-registration
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    What is FSSAI?

    FSSAI (i.e. Food Safety and Standards Authority of India) is an institution which oversees and controls the food trade in our country. It makes sure that the food products are subjected towards multiple quality inspections thereby diminishing the food deterioration as well as sale of inferior merchandises. It is accountable for the recording as well as licensing of the FBO (Food Business Operators) in India and it advances the standards and principles for operating the food business in India.

    FSSAI Registration vs License

    The certification plus permission for food business in our country is administered by the Food safety and Standards (Licensing and Registration of Food businesses) Regulation, 2011. According to this regulation, each food business administrator in India is needed to have a FSSAI registration or license in case they are occupied in the production, depository, conveyance or circulation and dispersion of food products. As per the intensity as well as type of business, FSSAI registration or FSSAI license might be needed.

    Why is FSSAI Registration Required?

    Every food business administrator concerned with the production, preparation, storehouse, circulation & sale of food products should mandatorily acquire the FSSAI Registration or License. FSSAI Registration is distinct from FSSAI License i.e. it is dependent on the size as well as type of the business, FBO should acquire the required registration or license.

     

    It is a 14-digit registration or a license number that is engraved on all the food containers. This enrollment process aims to build more responsibility on the FBO to manage the excellence of the food products. FSSAI enrollment is needed for every petty food business operator. A trivial food business operator is any person or entity who:

    ● Produces or sells any item of food himself or a petty hawker, itinerant vendor or temporary stall holder, retailer; or
    ● Give away food items inclusive of any religious or social get together except for a caterer; or
    ● Events correlating with food like that of small scale or cottage or such other businesses pertaining to food or tiny businesses with an annual turnover not exceeding Rs 12 lakhs and also those whose:

    – The volume with which food items are produced (other than milk and milk products and meat and meat products) does not exceed 100 kg/ltr per day or
    – Obtainment or management as well as accumulation of milk is up to 500 litres of milk per day or
    – Butchering competency is 2 large animals or 10 small animals or 50 poultry birds per day or less.

     

    Frivolous food trade operators are needed to acquire a FSSAI registration through submitting an application for registration in Form A. On submission of a FSSAI registration form, the registration shall be given or application rebuffed in writing within 7 days of receipt of an application by the authority.

     

    FSSAI enrollment certificate includes the details of registration as well as a picture of the candidate. The certificate must be noticeably displayed at the place of food business, at all times while carrying on with the food business.

    Procedure for Obtaining FSSAI Registration

    • FSSAI registration can actually be established by submitting Form A (application) to food and safety department.
    • This application can be accepted or it may be rejected by the Department within 7 days from the application date and the fact has to be intimated to the applicant in writing.
    • If the application is accepted, then the department will grant a registration certificate with the registration number and the photo of the applicant.
    • FBO should prominently display the certificate of registration at the place of business during the business hours.

    Common documents required for obtaining FSSAI registration

    • Form B – completed and signed
    • Photo Identity of FBO
    • Proof of possession of premises (eg. Rental Agreement )
    • Partnership Deed / Certificate of Incorporation / Articles of Association etc
    • List of food products to be dealt with
    • Food safety management system plan

    FSSAI License

    Any person or entity that can not not be classified as a minor food business operator is mandatorily required to obtain a FSSAI license in order to operate a food business in our country. FSSAI license is of two types:

    • State FSSAI License and
    • Central FSSAI License.

    These are distinguished on the basis of size and nature of the business. Depending on these two factors, the licensing authority also changes. Large food manufacturer / processors / transporters and importers of food products need the central FSSAI license; on the other hand, state FSSAI license is needed for medium sized food manufacturers, processor and transporters.

     

    The fee as well as method for acquiring a FSSAI license is more extensive in comparison to the process of FSSAI registration. FSSAI license application is prescribed as well as recommended to be made in Form B to the appropriate Licensing Authority in addition to the necessary self-attested declaration, affidavit and annexures, as applicable.

     

    FSSAI license is granted for a time span of 1 to 5 years as requested by the food business operator. Higher fee shall be applicable for obtaining FSSAI license for further more years. If in case, registration is acquired for one or two years, then the license can be renewed by making an application, no later than 30 days prior to the expiry date of the FSSAI license.

     

     

    Document Required
    Various documents needed for the obtaining the Central license:
    • Form B duly completed and signed
    • Plan of the processing unit showing the dimensions and operation-wise area allocation
    • A list containing detailed account of Directors/ Partners/ Proprietor along with their address, contact details, and photo ID
    • Name and list of equipment and machinery used with the number and installed capacity
    • List of food category to be manufactured
    • Authority letter from manufacturer nominated a responsible person name and address
    • Analysis report of water to be used in the process to confirm the portability
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      Along with the Above documents following documents are also required for Obtaining The Central License:

      • Source of raw material for milk, meat, etc
      • Recall plan wherever applicable
      • Ministry of Commerce Certificate for 100% EOU
      • NOC/PA document issued by FSSAI
      • IE code document issued by DGFT
      • Form IX
      • Certificate from Ministry of Tourism
      • Proof of possession of premises
      • Partnership deed/ affidavit of proprietorship
      • NOC and copy of License from the manufacturer
      • Food safety management system plan or certificate
      • NOC from the municipality or local body
      • Supporting document for proof of turnover and transportation
      • Declaration form

      Documents required for the obtaining the state license:

      • Form B duly completed and signed
      • Plan of the processing unit showing the dimensions and operation-wise area allocation
      • A list containing detailed account of Directors/ Partners/ Proprietor along with their address, contact details, and photo ID
      • Name and list of equipment and machinery used with the number and installed capacity
      • List of food category to be manufactured
      • Authority letter from manufacturer nominated a responsible person name and address
      • Analysis report of water to be used in the process to confirm the portability
      • Proof of possession of premises
      • Partnership deed/ affidavit of proprietorship
      • NOC and copy of License from the manufacturer
      • A duplicate of certificate obtained under Coop Act 1861/Multi state Coop Act 2002
      • Food safety management system plan or certificate

      There are different forms and documents which are required to be submitted for the process of conversion, renewal, and modification of license.

      Consequences of Non-Compliance

      All registered or licensed person under the FSSAI have to abide by the rules and regulation under the FSS Act, 2006. A food safety official normally conducts investigation of the food business operators facility in order to identify the level of compliance with the regulations through use of a checklist. Based on the compliance level, the food safety officer marks it as:

      • Compliance (C)
      • Non-compliance (NC)
      • Partial compliance (PC)
      • Not applicable/Not observed (NA)

      After the above check, the food safety officer might issue an improvement notice where ever required per Sec 32 of the FSS Act, 2006. Any food business operator grieving by an improvement notice can appeal to the State Commissioner of Food Safety.  The decision thereon can be challenged through appealing to Food safety appellate tribunal/high court.

      The penalty for Non- Compliance

      Listed is the penalty for various type of non-compliance:  

      ParticularsFine
      Food quality not in compliance with act2 Lakh Petty manufacturer –25,000/-
      Sub-standard food5 Lakh
      Misbranded Food3 Lakh
      Misleading advertisement or false description10 Lakh
      Extraneous matter in food1 Lakh
      Failure to comply with Food safety officer direction2 Lakh
      Unhygienic processing or manufacture1 Lakh
      Frequently Asked Questions on Tax Registration & License: FSSAI
      Are there any businesses or people who are exempted from the necessity of securing FSSAI license?

      Yes. Under section 31(2), Food Safety and Standards Act, 2006 these entities are exempted:

      • Petty Retailers.
      • Temporary Stall owner.
      • Any Hawker or Street Vendor.
      • Small FBOs and Cottage Food Industries.
      • In-house Petting food manufacturer with an aim of conducting business.
      What are the consequences of not getting FSSAI License and Registration?

      There are harsh consequences of not obtaining the license:

      • Obtaining Credit would become hard.
      • FSSAI Logo can’t be utilized.
      • Non-compliance will cause penalties like a heavy fine.
      • The FSSAI authority can close the business.
      How can one entity renew its FSSAI license?

      The food safety license has a validity of 5 years. An entity needs to apply just before 30 days of expiry by making an application for renewal. The applicant will have to fill the respective forms and submit them with documents to the authority.

      Is there anything called a recall under the Act?

      Yes, the food could be recalled if it doesn’t meet the quality standards of the authority. They will ban the food from sale in the market till it is cleared by the authority. This is done under section 28 of the Food Safety Act.

      If a business house has different chains of eateries does it need to apply for multiple licenses?

      No, there is no requirement for separate licenses for different branches. An entity can make a  single application for a central license which will be applicable for all its branches.

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