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FSSAI FOOD LICENSE

FSSAI FOOD LICENSE

BASIC REGISTRATION

Required if the turnover is less than 12 lac in a Financial Year

STATE LICENSE

In case turnover is more than 12 Lac but limited to 20 Crores for retailer/ 30 Crores for wholesalers

CENTRAL LICENSE

For all cases where turnover exceeds limits prescribed for state License

2,499.009,999.00

Fssai License in India

To regulate the activities of Food-related business units the Food Safety & Standards Act, 2006 was introduced by the Food Standards and Safety Authority of India (FSSAI). After its introduction, every food manufacturing or processing or packaging or distributing entity is now required to obtain an FSSAI License or FSSAI Registration. Moreover, it is not enough for the business entities to just acquire this registration rather they are required to imprint the 14 digits FSSAI registration or license number on all food packages.

One can easily obtain FSSAI License Online. The process is simple. You just file the application and attach the documents required. But why should you? Why FSSAI registration would be beneficial for you?

Benefits of FSSAI Registration

The FSSAI registration benefits range from spreading awareness among the consumers to the point that it is a mandatory license.

  • Awareness amongst consumers
  • Business credibility
  • Avail the benefit of FSSAI logo
  • Assist in business expansion
  • It is mandatory to run a food business
  • Operating a food business without this license is grounds for prison time and other penalties.

The FSSAI license eligibility is quite simple to understand. If you are a food business operator, you would need to obtain this license. A food business operator can be a restaurant owner, a snack manufacturer, a processed food exporter, a food retailer or any business owner whose main factor of trading is processed food.

Types of FSSAI License

Based on the turnover, scale of business and the type of activity the food business can obtain FSSAI registration or FSSAI license for themselves. Following are the criteria specified in rules in this regard-

FSSAI Basic registration

Every business unit or startup having annual turnover below Rs.12 lakhs can obtain basic registration only. However, Basic registration can be upgraded to state license as the sales graph of business increases. This registration is meant for small scale FBOs. The basic registration is meant for small scale manufacturers.

FSSAI State license

FSSAI state license must be obtained by the mid-sized companies which have annual turnover between Rs.12-20 crores. Mid-sized food businesses are hotels, food manufacturers, and restaurants.

FSSAI Central license

Every food business supplying his food items at the government offices or import / export food products is mandatorily required to obtain this license. Moreover, the large businesses with annual turnover above Rs.20 Crores are also required to acquire this license. The central FSSAI License is for FBOs that import and export food products.

As we stated earlier, obtaining the FSSAI registration in India is not easy. There are many legal requirements of the process. This is where our experts are quite instrumental. The team of FSSAI License consultants shall provide you with the registration in no time.

So if you are looking for the best FSSAI License consultant, you know who you should call.

Documents Required

Required Documents for FSSAI Registration

In regard to the FSSAI Registration, following documents are needed:

•    Photo Identity of Promoters of the Food Business
•    Declaration Form
•    Authority Letter
•    Proof of possession of premises (Rental Agreement / Utility Bill)
•    Partnership Deed / Certificate of Incorporation / Articles of Association / Memoranduof Association
•    List of food products manufactures or processed or stored
•    Food safety management system plan
•    Signed and Completed Form-B

 

Documents required for the obtaining the Central license:

  1. Form B duly completed and signed
  2. Plan of the processing unit showing the dimensions and operation-wise area allocation
  3. List of Directors/ Partners/ Proprietor with address, contact details, and photo ID
  4. Name and list of equipment and machinery used with the number and installed capacity
  5. List of food category to be manufactured
  6. Authority letter from manufacturer nominated a responsible person name and address
  7. Analysis report of water to be used in the process to confirm the portability
  8. Source of raw material for milk, meat etc
  9. Recall plan wherever applicable
  10. Ministry of Commerce Certificate for 100% EOU
  11. NOC/PA document issued by FSSAI
  12. IE code document issued by DGFT
  13. Form IX
  14. Certificate from Ministry of Tourism
  15. Proof of possession of premises
  16. Partnership deed/ affidavit of proprietorship
  17. NOC and copy of License from the manufacturer
  18. Food safety management system plan or certificate
  19. NOC from the municipality or local body
  20. Supporting document for proof of turnover  and transportation
  21. Declaration form

Documents required for the obtaining the state license:

  1. Form B duly completed and signed
  2. Plan of the processing unit showing the dimensions and operation-wise area allocation
  3. List of Directors/ Partners/ Proprietor with address, contact details, and photo ID
  4. Name and list of equipment and machinery used with the number and installed capacity
  5. List of food category to be manufactured
  6. Authority letter from manufacturer nominated a responsible person name and address
  7. Analysis report of water to be used in the process to confirm the portability
  8. Proof of possession of premises
  9. Partnership deed/ affidavit of proprietorship
  10. NOC and copy of License from the manufacturer
  11. Copy of certificate obtained under Coop Act 1861/Multi state Coop Act 2002
  12. Food safety management system plan or certificate

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

Consequences of Non-Compliance

Any registered or licensed person under the FSSAI has to adhere to the rules and regulation under the FSS Act, 2006. Food safety officer generally conducts the inspection of the food business operator’s facility and identifies the level of compliance with the regulation using a checklist. Based on the compliance level, the food safety officer marks it as:

  1. Compliance (C)
  2. Non-compliance (NC)
  3. Partial compliance (PC)
  4. Not applicable/Not observed (NA)

Based on the above, the food safety officer might issue an improvement notice where ever required per Sec 32 of the FSS Act, 2006. If the business operator fails to comply with the improvement notice, the officer after giving the licensee an opportunity to show cause may cancel his license.

 

FAQ

1. What is FSSAI?

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.

2. Do a hawker need FSSAI registration, Does setindiabiz provide services for such registration?

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.

3. What is the difference between Food registration & Food Licence?

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.

4. What are the different categories of licence?

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.
5. What is the turnover limit for FSSAI Registration (Food Registration)?

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

6. What is the turnover limit for FSSAI 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.

7. How much time is needed to obtain food registration?

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.

8. What is the government fee for FSSAI Registration?

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.

What is the validity period of FSSAI Registration?

9. 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.

10. What are the documents required for Food Registration with FSSAI?

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.

The List of Documents Required from Applicant (Other than Individual applicants or proprietorship)

  • 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.

Documents of Promoters (Directors / Shareholders)/ Partners

  • Two Photographs of Promoters/Partners
  • PAN Card of Each Promoter/Partners
  • Identity Proof of each Promoter/Partners
  • Address Proof of Promoter/Partners
11. What are the documents required as proof of registered address for Fssai Registration in India?

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
12. Do I need to take a NOC from the owner of premises where Food Business is operating, for the purpose of FSSAI Registration?

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.

13. What are the additional Documents Required for Food Licence?

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
14. Can an FBO carry on different activity at the same premises under one FSSAI Registration?

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.

15. Can FBO apply for modification or changes in the particulars mentioned in the Licence granted?

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.

16. What happens to the food licence/registration certificate after the demise of the licence holder?

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.

17. Whether food business should file Annual Return?

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.

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