FSSAI License

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The FSSAI (Food Safety and Standards Authority of India) license is a mandatory certification for anyone involved in the food business in India, whether in manufacturing, processing, distribution, or sale of food products. Obtaining an FSSAI license is essential to legally operate a food business and ensures smooth business operations.

This license helps business owners comply with safety and quality standards, safeguarding public health and enhancing consumer confidence in the products offered. Additionally, it ensures that businesses meet legal requirements and build credibility in the market.

Who are Food Business Operators (FBOs)?

Food Business Operators (FBOs) are individuals or organizations involved in the production, processing, distribution, or sale of food products in India. This includes a wide range of businesses, such as small grocery stores, wholesale distributors, restaurants, food processing units, bakeries, and supermarkets. To ensure compliance with food safety standards and operate legally, all FBOs are required to obtain an FSSAI license.

FBOs can be categorized based on factors such as:

  1. tick The type of food products they handle
  2. tick The scale of their business operations

Who needs an FSSAI License?

Under FSSAI regulations, various Food Business Operators (FBOs) must obtain an FSSAI license to operate legally in India. Here are some of the businesses that require this license:

  1. tick Food manufacturers
  2. tick Food processors
  3. tick Food importers
  4. tick Food exporters
  5. tick Food distributors
  6. tick Food wholesalers
  7. tick Food retailers, including grocery stores and supermarkets
  8. tick Food caterers
  9. tick Restaurants
  10. tick Clubs
  11. tick Dhabas
  12. tick Hawkers
  13. tick Marketers
  14. tick Food transporters and logistics providers
  15. tick Food packaging and labeling units
  16. tick Food storage facilities, such as cold storage and warehouses
  17. tick Food service providers, including commercial kitchens and canteens
  18. tick Online food businesses, such as food delivery platforms

This list includes various FBOs that need an FSSAI license for their operations. However, it is recommended for all FBOs to review FSSAI regulations for any updates or changes to ensure they comply with the licensing requirements for their business.

Who is Exempted from FSSAI?

According to FSSAI notification no 15(6), 2018/FLRS/RCD/FSSAI, the following food businesses are exempt from requiring FSSAI registration:

  1. Last-mile delivery persons
  2. Direct Selling Agents (DSA)
  3. Food vending machines
  4. Water vending machines
  5. Food ATMs (operated by a single entity)
  6. Branded food carts (operated by a single entity)

Additionally, businesses involved in providing utensils or packaging materials for serving or packaging food are exempt from obtaining an FSSAI license or registration, as these items are not classified as food under Section 3(n) of the FSS Act, 2006.

What are the Different Categories of FSSAI Licenses?

Under the Food Safety and Standards (Licensing & Registration) Regulations, 2011, FSSAI licenses and registrations are categorized into three tiers based on business type, revenue, and manufacturing capacity:

  1. FSSAI Registration
    Required for Food Business Operators (FBOs) with an annual turnover of up to INR 12 lakh. This includes small-scale businesses. To obtain this registration, businesses must complete Form A.
  2. State License
    Necessary for FBOs with an annual turnover between INR 12 lakh and INR 20 crore. This category includes small to medium-sized manufacturing units, storage facilities, transporters, retailers, marketers, and distributors. To secure this license, businesses need to complete Form B.
  3. Central License
    Mandated for FBOs with annual revenues exceeding INR 20 crore. This includes 100% export-oriented units, importers, large manufacturers, and businesses operating in central government agencies or major seaports and airports. The application for this license also requires Form B.

This tiered system ensures that different scales and types of food businesses can meet FSSAI regulations effectively.

FSSAI License vs FSSAI Registration

The FSSAI License and FSSAI Registration serve different purposes based on the scale and nature of food business operations. An FSSAI License is required for medium to large-scale food businesses with substantial production or turnover, involving a more detailed application process and extensive documentation. In contrast, FSSAI Registration is for small-scale or petty food businesses with limited production capacity and an annual turnover of up to INR 12 lakhs. The registration process is simpler, with fewer requirements compared to the licensing process.

Documents Required for FSSAI License and Registration

When applying for an FSSAI license or registration, Food Business Operators (FBOs) must submit specific documents based on the type of food business and its scale. Here’s a breakdown of the required documents:

  1. Documents Required for FSSAI License
    • Manufacturing/Processing Units
      • Blueprint/layout plan of the processing unit
      • List of directors/partners/proprietors, including their full addresses and contact details
      • Copy of the partnership deed or Memorandum of Association (MoA) and Articles of Association (AoA)
      • List of installed equipment and machinery
      • Analysis report of the water used in processing
      • No Objection Certificate (NOC) from local municipal or competent authority
      • Food safety management system plan or certificate, if applicable
    • Repackaging Units
      • Details of the repackaging and labeling processes
      • List of directors/partners/proprietors, including their full addresses and contact details
      • Copy of the partnership deed or MoA and AoA
      • Source of raw material procurement
      • NOC from local municipal or competent authority
    • Wholesalers/Distributors
      • List of directors/partners/proprietors, including their full addresses and contact details
      • Copy of the partnership deed or MoA and AoA
      • Storage capacity details
      • NOC from local municipal or competent authority
    • Retailers (including E-commerce)
      • List of directors/partners/proprietors, including their full addresses and contact details
      • Copy of the partnership deed or MoA and AoA
      • Proof of premises possession (e.g., rental agreement)
      • NOC from local municipal or competent authority
    • Hotels/Restaurants/Caterers
      • List of directors/partners/proprietors, including their full addresses and contact details
      • Copy of the partnership deed or MoA and AoA
      • Layout plan of the premises
      • Proof of premises possession (e.g., rental agreement)
      • NOC from local municipal or competent authority
    • Transporters
      • List of directors/partners/proprietors, including their full addresses and contact details
      • Copy of the partnership deed or MoA and AoA
      • Details of transportation vehicles
      • Storage capacity details
      • NOC from local municipal or competent authority

    These are general requirements; specific documents may vary based on jurisdiction and other factors. For precise information, consult the official FSSAI website or an expert.

  2. Documents Required for FSSAI Registration
    • Passport-sized photo of the applicant
    • Government-issued identity proof (AADHAAR, PAN, Voter ID, Ration Card, or Driving License)
    • Completed and signed Form-B
    • Address proof for the business facility (e.g., utility bills or rental agreement; NOC from the property owner if rented)
    • Partnership deed for partnership firms
    • Company registration certificate and MoA for private limited or OPC businesses
    • LLP agreement for limited liability partnerships
    • MSME, GST, or Shop & Establishment Certificate for proprietorship firms
    • Food Safety Management System Plan
    • Detailed list of manufactured/processed products
    • Medical fitness certificates for all workers
    • Details of technical staff managing operations
    • For renewal/modification of license:
      • Secondary documents (e.g., NOCs from Municipality/Panchayat, Health NOC if any)
      • Disclosure of raw material sources
      • Form IX
      • Water test report
      • List of equipment
      • List of partners and directors involved in the business
      • Any other documents requested during the registration process

Application Procedure for FSSAI Registration

To obtain an FSSAI Registration, Food Business Operators (FBOs) must follow these steps:

  1. Submit an Application
    FBOs must complete and submit an online application using Form A or Form B through the FoSCos portal, depending on their specific requirements. Alternatively, they can submit a physical application by delivering Form A or Form B to the Food Safety Department.
  2. Attach Required Documents
    Ensure that the application includes all necessary and supporting documents. These documents must be submitted either online or offline, based on the chosen application method.
  3. Application Review
    The application will be reviewed and either approved or rejected based on verification. In case of rejection, applicants will receive appropriate notification.
  4. Inspection
    FSSAI officials may conduct an inspection of the food premises as part of the verification process.
  5. Receive Registration Certificate
    After successful verification, the FSSAI registration certificate and registration number will be sent to the applicant via email. The certificate can also be downloaded from the FoSCos portal.
  6. Display the Certificate
    Once received, the registration certificate must be displayed prominently at the business premises.

Eligibility Criteria for Obtaining FSSAI License

To operate legally in India, Food Business Operators (FBOs) must obtain an FSSAI License. The FSSAI License is divided into two categories:

  1. State FSSAI License
    1. tick FBOs with yearly revenue between INR 12 Lakh and INR 20 Crore
    2. tick Businesses involved in wholesale and transportation with yearly revenue of more than INR 30 Crore
    3. tick Grains, Cereals, Pulses milling units with no specific production capacity
    4. tick Business with the following capacity:
    S.No Business Capacity
    1 Food Production (except milk and meat) 1 MT to 2 MT per day
    2 Procurement, handling and collection of milk 501 to 50,000 litres per day
    3 Slaughtering 3-50 large animals/11-150 small animals/51-1,000 poultry birds per day
    4 Transportation 100 vehicles
    5 Vending Machine Up to 100 vending machines
    6 Storage Up to 10,000 MT
    7 Hotel One, Two, Three and Four Star Rating

    The validity of the license issued is:

    1. tickMinimum one year
    2. tickMaximum five years
  2. Central FSSAI License
    1. tickFBOs Operating in Multiple States
    2. tickImporters and Exporters
    3. tickProprietary and Non-Specified Foods
    4. tickFood and Health Supplements
    5. tickNutraceutical
    6. tickRadiation Processing of Foods
    7. tickCentral Government Premises
    8. tickCaterers, Restaurants, and Other Food Services
    9. tickE-commerce Food Businesses
    S.No Business Capacity
    1 Food Production (except milk and meat) More than 2 MT per day
    2 Procurement, handling and collection of milk More than 50,000 litres per day
    3 Slaughtering More than 50 large animals/150 small animals/1,000 poultry birds per day
    4 Transportation More than 100 vehicles
    5 Vending Machine More than 100 vending machines located in two or more states/UTs
    6 Storage More than 10,000 MT
    7 Hotel Five Star Rating or More

    The validity of the license issued is:

    1. tickMinimum one year
    2. tickMaximum five years

Benefits of Obtaining an FSSAI License

Food Business Operators (FBOs) can enjoy numerous advantages by securing an FSSAI license. Here are some key benefits:

  1. Legal Operation: Ensures the business operates within the legal framework.
  2. Compliance with Food Safety Standards: Guarantees adherence to essential food safety regulations.
  3. Enhanced Brand Value: Boosts business reputation and builds goodwill.
  4. Customer Trust: Instills confidence among consumers.
  5. Consumer Awareness: Promotes awareness of food safety among customers.
  6. Regulation of Food Products: Manages the manufacturing, storage, distribution, and sale of imported food products.
  7. Investor Confidence: Attracts investment by demonstrating trustworthiness.
  8. Quality Assurance: The FSSAI logo serves as a mark of quality assurance.
  9. Compliance Communication: The registration number at facilities signifies adherence to quality and hygiene standards.
  10. Avoidance of Penalties: Helps avoid significant fines for non-compliance.
  11. Government Funding Access: Simplifies the process of obtaining government grants and loans.
  12. Business Expansion: Opens opportunities for growth and broader business operations.

Documents Required for New FSSAI License and Registration Certification

Food business operators in India can’t ignore documents needed. The documents required for obtaining FSSAI Registration and Licenses are:

S.No FSSAI Registration FSSAI State License FSSAI Central License
1 Identity Proof – Aadhar, etc. Identity Proof – Aadhar or any other government-issued document Import-Export Code issued by the Directorate General of Foreign Trade (DGFT)
2 Address Proof List of Directors/Management Ownership Proof of the Premises
3 Details of FBO Form B Form B
4 NOC from the local administration NOC from Central Ground Water Authority (GCWA) NOC from local administration
5 Form IX Form IX Form IX
6 Raw material source for manufacturing Detailed Layout setup and dimensions For 100% EOU, Certificate from Ministry of Commerce (GoI)
7 - List of equipment and machinery with numbers Food Safety Management Plan
8 - Certificate Copy of – COOP Act -1861/Multi-State COOP Act-2002 Certificate Copy of – COOP Act -1861 and Multi-State COOP Act-2002
9 - Self-Declaration for Proprietorship/Partnership Deed Source of Raw Material
10 - Recall Plan for Produced Food Items List of Types of Equipment and Machinery with number
11 - - Report - Chemical Examination of Water
12 - - NOC from Ministry of Tourism if business is a Hotel

Procedure for Renewal of FSSAI Registration and License

  1. tickFor FSSAI Registration renewal, complete and submit Form A, including the applicant's signature and government-issued identity proof.
  2. tickFor renewal of the FSSAI State or Central License, fill out Form B, also with the applicant's signature and government-issued identity proof.
  3. tickSubmit an audit report, Food Safety Management System (FSMS) plan, and either a certificate or self-declaration regarding the FSMS.
  4. tickComplete Form IX to nominate responsible persons within the organization.
  5. tickProvide a declaration from the authorized signatory confirming adherence to the Food Safety and Standards Act, along with hygiene and sanitary practices.
  6. tickThe renewal application will be subject to a thorough review and verification process.
  7. tickThe entire renewal process typically takes around 60 working days.
  8. tickIf there is no update on the renewal status, you may continue operating your business while awaiting the decision.

Violations and Non-Compliance

All registered and licensed Food Business Operators (FBOs) must comply with the FSS Act, 2006. Failure to renew the FSSAI License before its expiry will result in automatic cancellation, rendering the license invalid and prohibiting business operations under that expired license.

Following an inspection, FBOs are classified based on their adherence to standards:

  1. Compliance (C): Fully meets the requirements.
  2. Non-compliance (NC): Fails to meet the required standards.
  3. Partial Compliance (PC): Meets some but not all of the requirements.
  4. Not Applicable/Not Observed (NA): Conditions were either not relevant or not observed during the inspection.

Penalties are imposed for non-compliance and failure to address issues highlighted in the inspection report.

Penalties and Offenses for Violations and Non-Compliance

Violations of the FSS Act, 2006, and failure to comply with its requirements result in various penalties. Below is a summary of the penalties associated with different types of non-compliance:

S.No Type of Violation/Non-Compliance Penalty
1 Non-compliance of Food Quality as per FSS Act, 2006 INR 2 Lakh
Petty manufacturer – INR 25,000
2 Sub-Standard food INR 5 Lakh
3 Misbranded Food INR 3 Lakh
4 Misleading Advertisement or False Description INR 10 Lakh
5 Extraneous matter in food INR 1 Lakh
6 Non-Compliance of directions by Food Safety Officer INR 2 Lakh
7 Unhygienic Manufacturing or Processing INR 1 Lakh

Food Safety Compliance System (FoSCoS)

FoSCoS represents an advanced and improved iteration of the previous Food Licensing and Registration System (FLRS). Designed to be more user-friendly, it streamlines the registration process for applicants. This upgrade addresses the shortcomings of the FLRS, which, despite its initial promise, was unable to adapt to the evolving needs of the country's digital landscape.

Timeline for FSSAI Registration

The process to obtain FSSAI registration typically takes between 25 to 30 working days from the concerned authorities.

Why Choose SeaRoot

  1. tickExtensive Industry Experience
  2. tickComprehensive Service Offering
  3. tickTailored Solutions
  4. tickClient-Focused Approach
  5. tickCompetitive Pricing
  6. tickDedicated Support
  7. tickProven Track Record
  8. tickRegulatory Expertise

Frequently Asked Questions

1.What is an FSSAI license?

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An FSSAI license is a mandatory certification issued by the Food Safety and Standards Authority of India (FSSAI) that allows food businesses to operate legally in India, ensuring they meet food safety and quality standards.

2.Who needs an FSSAI license?

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All food business operators (FBOs) involved in manufacturing, processing, packaging, distribution, and selling food products require an FSSAI license. This includes small grocery stores, restaurants, food manufacturers, importers, and exporters.

3.How can I apply for an FSSAI license?

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You can apply for an FSSAI license online through the FoSCoS portal or offline by submitting the required forms to the Food and Safety Department. The application must be accompanied by the necessary documents.

4.What happens if my FSSAI license expires?

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If the FSSAI license expires and is not renewed, the business cannot legally operate under the expired license. It may also face penalties for non-compliance.

5.How can I renew my FSSAI license?

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To renew an FSSAI license, submit an application in Form A (for registration) or Form B (for State or Central License), along with required documents such as audit reports, FSMS plans, and Form IX. The renewal process typically takes around 60 working days.

6.Are there any exemptions from obtaining an FSSAI license?

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Certain entities, such as last-mile delivery persons, food vending machines, and businesses involved in utensils or packaging materials, may be exempt from obtaining an FSSAI license as they are not classified as food businesses under FSSAI regulations.

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