Business-License & Registration

FASSAI Registration

FSSAI & REGISTRATION ABOUT: THE Food Safety and Standards Authority of India is an organization that monitors and governs the food business in India. The FSSAI has been established under the Food Safety and Standards Act, 2006 (FSS Act) which is a consolidating statute related to food safety and regulation in India. FSSAI formulates rules & regulations and handles food-related issues in various Ministries and Departments. It ensures the food products undergo quality checks thereby curtailing the food adulteration and sale of sub-standard products. It is responsible for the registering and licensing of the Food Business Operators (FBO) in India. FSSAI registration is mandatory. New FBOs can start their business operations once permitted by the concerned authorities. Canteen, restaurants, hotels, bakeries, dairy, the manufacturer of consumable products, etc every such business unit requires FSSAI registration. Such businesses are called Food Business Operators (FBOs). Owning an FSSAI license also benefits the owner. It helps to build customers’ trust over the products. FSSAI Registration: FSSAI Registration is different from the FSSAI License in the sense that depending on the size and nature of the business, FBO should obtain the necessary registration or license. This registration procedure is aimed to create more accountability on the FBO to maintain the quality of the food products. Food Business Operators (FBOs) Who Require FSSAI Registration: The following kinds of business are mandatorily required to obtain an FSSAI Registration/License: • Petty retailers and retail shops such as Retail Shop, Snacks shop, Confectionery or Bakery Shop, etc. • Temporary stalls or fixed stall or food premise involved in the preparation, distribution, storage, and sale of food products such as Gol Gappa stall, chat stall, fruits/vegetable vendors, Tea Stall, snacks stall, Bread pakoda stall, Samosa stall, Chinese food stall, South Indian food stall, sweet stall, juice shops, etc. • Hawkers who sell packaged or freshly prepared food by traveling (usually on foot or movable carts) from one location to another. • Dairy Units including Milk Chilling Units, Petty Milkman, and Milk Vendors. • Vegetable Oil Processing Units. • Slaughtering houses such as meat shops, mutton shops, chicken shops, lamb meat, etc. • Meat Processing and Fish Processing units. • All Food Manufacturing/ Processing units that include Repacking of food. • Proprietary food and Novel food. • Cold/refrigerated storage facility. • Transporter of food products having a number of specialized vehicles like insulated refrigerated van/wagon, milk tankers, food wagons, food trucks, etc. • Wholesaler, supplier, distributor, and marketer of food products. • Hotels, Restaurants, and Bars. • Canteens and Cafeteria including mid-day meal canteens. • Food Vending Agencies and Caterer. • Dhaba, PG providing food, Banquet halls with food catering arrangements, Home Based Canteens, and Food stalls in fairs or religious institutions. • Importers and Exporters of food items including food ingredients. • E-Commerce food suppliers including cloud kitchens. Types of FSSAI Registration: FSSAI registration is based on the business types, turnover, and capacity of production. Depending upon the installed capacity and turnover, FBOs are eligible for licenses such as basic licenses, central licenses, and state license. • FSSAI Basic Registration – FBOs having a turnover of less than Rs.12 lakh p.a must obtain FSSAI basic registration. The FSSAI registration form that the applicant has to fill to obtain FSSAI basic registration is Form A. • FSSAI State License – FBOs having a turnover of more than Rs.12 lakh p.a and less than Rs.20 crore p.a must obtain the FSSAI state license. The FSSAI registration form that the applicant has to fill to obtain an FSSAI state license is Form B. • FSSAI Central License – FBOs having a turnover of more than Rs.20 crore p.a must obtain the FSSAI central license. The FSSAI registration form that the applicant has to fill to obtain FSSAI central license is Form- B. FSSAI Registration Eligibility: FSSAI Registration is a basic license and it is required for all the FBOs involved in the small-scale food business. • Any FBO with an annual turnover of not more than Rs. 12 lakh. • Petty retailer dealing in food products. • Any person who manufactures or sells any food article by himself. • Food sale is done by the temporary stallholder. • Any individual who distributes food in any religious or social gathering except a caterer. • Small-scale or cottage industries dealing in the food business and the following: Sl.No Business Capacity 1 Food production capacity (other than milk and meat) Up to 100 kg/ltr per day 2 Procurement, handling, and collection of milk Up to 500 ltr per day 3 Slaughtering capacity 2 large animals or 10 small animals or 50 poultry birds per day or less FSSAI License Eligibility: For all other FBOs apart from small-scale businesses, the FSSAI license has to be obtained. FSSAI License can be classified into two categories i.e. 1. State FSSAI License: • FBO with small to medium-sized manufacturing units, transporters, marketers, traders, etc., need to take FSSAI registration from the state government. • To apply for State License the FBO must have a turnover between Rs 12 lakh to Rs 20 crore. • The manufacturing units have a capacity of 2MT per day, dairy units handling business up to 5000 liters per day. 3-star hotels and above, repackers, relabelling units, clubs, canteens all catering businesses irrespective of their turnover need to apply for the STATE license. 2. Central FSSAI License: • FBOs who are large manufacturers, importers, exporters dealing in large-scale food businesses need to obtain FSSAI registration from the central government. • To apply for a central license the FBO must have a turnover exceeding Rs. 20 crores. • FBOs need to have operations in two or more states. All importers and exporters need to apply for this license. Procedure for Obtaining FSSAI Registration Online: • FBOs can obtain FSSAI registration online by filling and submitting, Form A (application for Registration) or Form B (application for State and Central License) on the FOSCOS. The FBOs can also register offline by submitting Form A or Form B to the Food and Safety Department. • The FSSAI registration form must be accompanied by the required documents. The documents must be uploaded online on the FoSCos portal at the time of filling the application or submitted to the Food and Safety Department along with the application physically. • The FSSAI registration form can be accepted or it may be rejected by the Department within 7 days from the date of receipt of an application either physically or online through the FoSCoS portal. If the application is rejected it has to be intimated to the applicant in writing. • The Department will scrutinize the documents submitted. • The Department may conduct an inspection of the food premises, before granting the FSSAI registration certificate, if necessary. • If the Department is satisfied that the FBO meets all the required criteria, then it will grant an FSSAI registration certificate with the registration number and the photo of the applicant's email ID. The applicant can also download the FSSAI registration certificate by logging into the FoSCoS portal. • FBO should prominently display the certificate of FSSAI registration at the place of business during business hours. The tenure of the license issued is a maximum of 5 years and a minimum of 1 year. Documents Required For Obtaining the FSSAI Registration/License: The following documents are required to obtain FSSAI basic registration- • Photo identity proof of the food business operators. • Business constitution certificate, i.e. partnership deed, certificate of incorporation, shop and establishment license, or other business registration certificate. • Proof of possession of business premises, i.e. rental agreement, NOC from the owner of the rented premises, utility bills, etc. • Food safety management system plan. • List of food products manufactured or processed. • Bank account information. • Supporting documents (if required) like NOC by Municipality or Panchayat, Health NOC, copy of License from the manufacturer, etc. The specific documents required to obtain the FSSAI state license are: • Form B duly completed and signed • Plan of the processing unit showing the dimensions and operation-wise area allocation • List of Directors/ Partners/ Proprietor with address, contact details, and photo ID • Name and list of equipment and machinery used with the number and installed capacity • 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 • Copy of certificate obtained under Coop Act 1861/Multi-State Coop Act 2002. The following specific documents are required to obtain FSSAI central license: • Form B duly completed and signed • Plan of the processing unit showing the dimensions and operation-wise area allocation • List of Directors/ Partners/ Proprietor with address, contact details, and photo ID • Name and list of equipment and machinery used with the number and installed capacity • 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 • 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 • Supporting document for proof of turnover and transportation • Declaration form. Renewal of FSSAI License: The FSSAI license is essential to commence the food business, similarly, it is imperative to renew the license. The license is issued for a validity of 1 year or 5 years, so the food business must apply for renewal 30 days prior to the expiry of the current license. Procedure for renewal of FSSAI License: FSSAI License is renewed by Form B or Form A (based on your eligibility) and the procedure takes place in the following manner: Step1. The first step is to fill Form B. All your required information is filled up in the Form-A self-attested declaration is attached along with the form in the specified format declaring that you conform to the Food Safety and Standards Act, A self-attested declaration is attached along with the form in the specified format declaring that you conform to the Food Safety and Standards Act, Step 2. Once the authority receives your application, it examines your application and if everything is on point, they arrange an inspection to your working area. Step 3. Once the FSSAI officer finishes the inspection and is satisfied with your work, he or she passes your application along with his report. Step 4. It takes 60 days for the authority to issue the FSSAI license. If it takes more than 60 days and you have not got any notice from the authority you can continue the business without waiting for further communication. FSSAI Annual Returns: All the food business operators (FBOs) who hold a food license and have an annual turnover of Rs. 12 lakh should deposit the annual return imperatively and within the scheduled period. Food Businesses consist of filing two kinds of returns every year. They are as follows: • FSSAI Form D1(Annual Return)– To be filed by Every food manufacturer, importer, etc. by 31st May and • FSSAI Form D2 (half-yearly return)- To be filed by the Manufacturer of milk/milk products. The term for filing this return is from 1st April to 30th September and from 1st October to 31st March of each financial year. **A separate return shall be filed for every license issued under the Regulations, irrespective of whether the same Food Business Operator holds more than one license. Penalty for delaying the filing of annual FSSAI returns: As per Section 2.1.13 (3) of, FSSAI, 2011, any delay in filing a return beyond 31st May of each year shall attract a penalty of Rs. 100 per day of the delay. Penalty for Non- Compliance: Listed is the penalty for various type of non-compliance: Sl.No Particulars Fine 1 Food quality not in compliance with act 2 Lakh Petty manufacturer – 25,000/- 2 Sub-standard food 5 Lakh 3 Misbranded Food 3 Lakh 4 Misleading advertisement or false description 10 Lakh 5 Extraneous matter in food 1 Lakh 6 Failure to comply with Food safety officer direction 2 Lakh 7 Unhygienic processing or manufacture 1 Lakh ## There may be complex things that occur during the registration process which is a time-consuming and lengthy process. The legal language of these forms is complex in nature. The government Portal and its functionality are in itself quite challenging. The support of professionals and experts can save your precious business time. Our team of LAW COMPLIANCES, having expertise in all such kinds of matters, will resolve all problems pertaining to registration & compliances and will save your precious time and Money. Working Process: >Choose your Plan and Pay Securely. > Upload required document > An expert will be assigned to you for the procedure of submission of the application. > Our Expert will complete the process required for your work along with the necessary assistance over a call during business hours. BASIC PLAN: Assistance in obtaining FSSAI registration for All Small food Businesses, Petty retailers, Hawkers, diary units, meat processing units, etc. New Registration Service Fees:2099/- including government Fees. Renewal Registration Service Fees: 2099/- including government Fees. Modification Registration/certificate Service Fees:2099/- including government Fees. Duplicate License/ certificate service Fees: 1100/- including government Fees. STANDARD PLAN: Assistance in obtaining FSSAI State License for restaurants, hotels, manufactures, food transporters, distributors and retailers, etc. New Registration Service Fees: 6999/- including government Fees. Renewal Registration Service Fees: 6999/- including government Fees. Modification Registration/certificate Service Fees: 6999/- including government Fees. Duplicate License/ certificate service Fees: 2999/- including government Fees. FSSAI Return filing Service Fees: 2499/-per Return excluding government Fees. ACE PLAN: Assistance in obtaining FSSAI Central License for large food transporters, manufacturers, distributors and retailers, 5-star hotels. New Registration Service Fees:10999/- including government Fees. Renewal Registration Service Fees: 10999/- including government Fees. Modification Registration/certificate Service Fees: 10999/- including government Fees. Duplicate License/ certificate service Fees: 3999/- including government Fees. FSSAI Return filing Service Fees: 3499/-per Return excluding government Fees. Law Compliances can help you in obtaining of Registration/License of FSSAI in 25-30 working days.** ** Time taken for Incorporation will depend on the submission of the relevant documents by the client and also approval from the CONCERNED Government authorities. FREQUENTLY ASKED QUESTIONS (FAQ): Q1. Are different Licenses required to conduct a different kinds of food business activities at the same premise? Ans: FSSAI license is based on-premise. All kinds of food business activities that are being conducted at the same premise can be applied for in a single FSSAI license. My License/Registration is suspended or canceled. Do I need to stop food business activities? Ans: On the suspension or cancellation of his/her license or registration, a food business operator needs to stop food business activities immediately. Carrying out any food business activity on suspended or canceled License/Registration is an unlawful activity and shall attract penal actions under FSS Act, 2006. My License was canceled. Can I apply for a fresh License? Ans: After a period of 3 months from the date of cancellation under Regulation 2.1.8 (3), the Food Business Operator may make a fresh application for Registration or license to the concerned authority if all observations made in the improvement notice have been complied with. Who will issue licenses to food business operators under railways premises? Ans: FSSAI license/Registration for food premises under Railways are issued by the Indian Railways Designated Officers/Registering Authorities as notified by Food Authority from time to time. I am working/manufacturing or conducting food business activities from my home for a registered Cooperative Society/Gruh Udyog/Mahila Udyog/ Self Help Group or any similar government registered society. Do I need to obtain separate FSSAI registration for myself? Ans: FSSAI vide order number 03-01/2012/Enf-I/FSSAI dated 21st Jan 2015 exempted individual members to obtain FSSAI registration certificate. He/she must be a registered member of the society which is licensed/registered with FSSAI and subject to all such conditions as laid down in the order. I have a pulses/grains milling unit. What kind of license do I need to obtain? Ans: Pulses/Grains etc. milling unit comes under Manufacturing Kind of Business. These milling units are exclusively covered under the State License irrespective of their production capacity. Whether NOC from FSSAI is required for export? Ans: No, NOC is not required from the Food Safety and Standards Authority of India for exporting food products from India however FSSAI License is required to be taken by the exporter. Are physical documents required to be submitted at Regional/State Offices for License after submitting an online application? Ans: No, there is no need to submit physical documents at Regional/ State offices for Central/ State licenses. What is the fee for modification of license? Ans: If there is any change that alters the information contained in the license certificate (Form C), Food Business Operator shall apply for modification of license with a fee of Rs. 1000 plus differential fee equal to the difference in annual license fee in case of up-gradation. No fee is required for modification of non-form C details such as Change in Form IX Nominee (person responsible for complying conditions of license) or any supporting documents. I have closed down my food business. How to surrender the FSSAI License/Registration? Ans: You need to apply online for surrendering the License or Registration by login into the Food Safety Compliance System (FoSCoS) account from which the license/registration application was filed. After approval of the concerned authority, it will be considered as surrendered. How to transfer the License from one owner to another in case of the death of the owner? Ans: License can be transferred in case of the death of the owner. Transfer applications can be made online. For transferring of License, Death Certificate and Proof of Legal Heir are required. How and where to make an appeal against the order of Licensing/Registering Authority? Ans: Under Section 32 (4) and 32(5) of FSS Act, 2006, any person who is aggrieved by the decision of Licensing/Registering Authority, may appeal to the Commissioner of Food Safety whose decision thereon shall be final. The period within which such an appeal may be brought shall be fifteen days from the date on which notice of the decision was served. In case of an appeal against an improvement notice, it shall be 15 days or the period specified in the improvement notice, whichever expires earlier. Where an FBO can contact FoSCoS technical assistance? Ans: FBO can contact at toll-free help desk no 1800112100 or can mail his query to helpdesk-foscos@fssai.gov.in. Further, the homepage of the Food Safety and Compliance System (FoSCoS) show “HOW TO APPLY” which provide step-by-step information for food business operator to apply for Central/ State License and Registration by themselves. How will I know about the stages/status of my application? Ans: An applicant is informed by SMS/Email alert at many stages of application processing. Moreover, the applicant can obtain the status by using the facility of “Track Application Status” on FoSCoS. Do I need to file an annual return for my food business activities? Ans: FSSAI Licensed FBOs involved in Manufacturing (including repacking and relabellers i.e FBOs getting their food products manufactured by third-party manufacturers) and importing of food products need to submit Annual Returns in Form D1 by 31st May of every preceding financial year. Merchant Exporter can file Quarterly annual reports through the online system. What is the penalty for late or non-submission of Annual Returns? Ans: Non-submission of annual return beyond 31st May of every year will attract a late fee of Rs. 100 per day till the date of submission of annual return. I am holding two FSSAI licenses, one State License, and One Central for my food business unit. Is it correct to hold two licenses at a single premise? Ans: FSSAI License is purely premised based. No FBO is allowed to possess more than one license for a single premise. All kinds of business shall be linked to a single License obtained for the single premise. If you are holding one State License and one Central License, you shall surrender the State License and apply for modification of Central License to add Kind of Business mentioned in your State License. ***