Licensing and Registration of a food business is one of the important regulations made under the Food Safety and Standards Act, 2006 (‘Act’). It mandates the licensing and registration of all food businesses and food business operators. As per Section 31 of the Act, any person engaged in the production, processing, storage, distribution, sale and import of any food item must obtain a license from the designated authority at the Central or State level. Carrying out a food business without a valid license can land the entrepreneur in jail for up to six months, along with a penalty of up to five lakhs rupees as per Section 63 of the Act.
However, Petty Food Business Operators are exempted from this requirement. Instead, they are required to be registered under local authority, appointed by the Commissioner of Food Safety of the respective State. The petty business operator must submit an application for registration in Form A under Schedule 2 of the regulations along with a fee as provided in Schedule 3.
He must also follow the basic hygiene and safety requirements provided in Part I of Schedule 4 of these Regulations and provide a self-attested declaration of adherence to these requirements with the application in the format provided in Annexure-1 under Schedule 2.
Who is a Petty Food Manufacturer?
Any food manufacturer, who
manufactures or sells any article of food himself or a petty retailer, hawker, itinerant vendor or a temporary stall holder or
such other food businesses including small scale or cottage or such other industries relating to food business or tiny food businesses with an annual turnover not exceeding Rs 12 lakhs and/or whose
(i) production capacity of food (other than milk and milk products and meat and meat products) does not exceed 100 kg/ltr per day or
(ii) procurement or handling and collection of milk is up to 500 litres of milk per day or
(iii) slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or less; or temporary stall holder; or distributes foods including in any religious or social gathering except a caterer
Registration of Petty Food Business
(1) Every petty Food Business Operator must register themselves with the Registering Authority by submitting an application for registration in Form A under Schedule 2 of these Regulations along with a fee as provided in Schedule 3
(2) The petty food manufacturer must follow the basic hygiene and safety requirements provided in Part I of Schedule 4 of these Regulations and provide a self-attested declaration of adherence to these requirements with the application in the format provided in Annexure-1 under Schedule 2
(3) The Registering Authority must consider the application and may either grant registration or reject it with reasons to be recorded in writing or issue notice for inspection, within 7 days of receipt of an application for registration
(4) In the event of an inspection being ordered, the registration has to be granted by the Registering Authority after being satisfied with the safety, hygiene and sanitary conditions of the premises as contained in Part II of Schedule 4 within a period of 30 days. If registration is not granted or denied, or inspection is not ordered within seven days as provided in the above sub-regulation (3) or no decision is communicated within 30 days as provided in the above sub-regulation (4), the petty food manufacturer can start its business. It is then incumbent on the Food Business Operator to comply with any improvement suggested by the Registering Authority even later. Provided that registration cannot be refused without allowing the applicant to be heard with reasons being recorded in writing.
(5) The Registering Authority will issue a registration certificate and a photo identity card, which must be displayed at a prominent place at all times within the premises or vehicle or cart or any other place where the person carries on sale/manufacture of food in case of Petty Food Business.
(6) The Registering Authority or any officer or agency specifically authorised for this purpose must carry out food safety inspections of the registered establishments at least once a year.
The regulation also provides a timeline for processing an application for a license. A license must be issued by the concerned Licensing Authority within a period of 60 days from the date of issue of an application ID number.
The Chief Executive Officer of the Food Safety and Standards Authority of India ensures that all other conditions laid down for running a food business under the Act and these Regulations are complied with.
Registration Authority:
Designated Officer, Food Safety Officer, or any official at Panchayat or Municipal Corporation in an area notified by the State Food Safety Commissioner is the Registration Authority for that area.
Licensing Authority:
(i) Central Licensing Authority: Designated Officer appointed by the Chief Executive Officer, FSSAI, in the capacity of Commissioner of Food Safety, is the Licensing Officer for Central Licensing in the respective Zone. There 5 Zonal Offices for Central Licensing located in Delhi for Northern Region, Mumbai for Western Region, Chennai for Southern Region, Kolkata for Eastern Region and Gauhati for North Eastern Region.
(ii) State Licensing Authority: Designated Officers appointed by Commissioners of Food Safety of a State/ UT are Licensing Authorities for State licensing at the District level.
Validity and Renewal of Registration and License
(1) A Registration or license granted under these Regulations will be valid and subsisting, unless otherwise specified, for a period of 1 to 5 years as chosen by the Food Business Operator, from the date of issue of registration or license subject to remittance of the fee applicable for the period and compliance with all conditions of license.
(2) Any application for the renewal of a registration or license granted under these Regulations has to be made in Form A or B of Schedule 2, as the case may be, not later than 30 days before the expiry date indicated in the license.
(3) The Registration or License will continue to be in force until the orders are passed on the renewal application, which in no case will be beyond 30 days from the expiry date of registration or license.
(4) Any renewal application filed beyond the period mentioned under Regulation 2.1.7 (2) above but before the expiry date must be accompanied by a late fee of Rs 100 per day for each day of delay.
(5) Any Registration or license for which renewal has not been applied for within the period mentioned in Regulation 2.1.7 (2) or 2.1.7 (4) above will expire, and the Food Business Operator must stop all business activity at the premises. The Food Business Operator will have to apply for fresh Registration or license as provided in Regulation 2.1.1 and 2.1.3, as the case may be, if it wants to restart the business.
Food Business Operators having a valid certificate from an accredited food safety auditor or from an agency accredited by the Food Authority or any other organisation notified by the Food Authority for this purpose will not be normally required to be inspected before renewal of license.
The Registering or Licensing Authority, under section 32, by giving reasonable opportunity to the food business operator, can suspend any registration after they get to know that the food business operator has failed to comply with the compliances.
Transfer of registration certificate or License in case of death
When the Registration certificate or license holder dies, the benefit of subsisting the license shall go to the legal representative or family member until the expiration of 90 days from the death and allowance of a longer period will remain with the Designated Officer.
Return
Every licensee must, 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 D-1’ provided in Schedule 2 of these Regulations to the Licensing Authority in respect of each class of food products handled by him during the previous financial year.
Schedule 1 prescribes the list of food businesses falling under the purview of the Central Licensing Authority and Schedule 2 states the application/renewal process of registration.
Documents to be enclosed for a new application for a license to State/Central Licensing Authority:
1. Form-B duly completed and signed (in duplicate) by the proprietor/ partner or the authorised signatory
2. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation.
3. List of Directors with full address and contact details
4. Name and List of Equipments and Machinery along with the number, installed capacity and horsepower used.
5. Photo I.D. and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory.
6. List of food categories desired to be manufactured. ( In the case of manufacturers).
7. Authority letter with name and address of responsible person nominated by the manufacturer along with alternative responsible person indicating the powers vested with them viz assisting the officers in inspections, collection of samples, packing & dispatch.
8. Analysis report (Chemical & Bacteriological) of water to be used as an ingredient in food from a recognised/ public health laboratory to confirm the portability indicating the name of an authorised representative of the Lab who collected the sample and date of collecting sample
9. Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.)
10. Partnership Deed/Affidavit/Memorandum & Articles of Association towards the firm's constitution.
11. Copy of certificate obtained under Coop Act - 1861/Multi-State Coop Act - 2002 in case of Cooperatives.
12. NOC from the manufacturer in case of Re-labellers
13. Food Safety Management System plan or certificate, if any
14. Source of milk or procurement plan for milk, including the location of milk collection centres etc, in case of Milk and Milk Products processing units.
15. Source of raw material for meat and meat processing plants.
16. Pesticide residues report of water to be used as an ingredient in case of units manufacturing Packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health laboratory indicating the name of an authorised representative of Lab who collected the sample and date of collecting the sample, including the source of raw water and treatment plan.
17. A recall plan, wherever applicable, with details on whom the product is distributed.
18. NOCs from Municipality or local body and State Pollution Control Board except in case of notified industrial area.
Necessary documents for Renewal of License:
(i) Declaration regarding any change/no change in the information given at the time of grant of License
(ii) Food Safety Management System(FSMS) Certificate or Plan
(iii) Degree / Diploma Certificate of Technical person to supervise production having qualifications as prescribed in the Regulations
(iv) Medical fitness Certificate of workers
(v) Nomination in Form IX with the ID of Nominee