Licensing And Registration Of Food Business under FSSAI By CS Charu Sharma



Governed by: The Food Safety And Standards (Licensing And Registration) Regulations, 2011.

All Food Business Operator in the Country will be registered or licensed in accordance with the procedures laid down in the said regulations, if they are involved in the manufacturing, storage, transportation or distribution of food products.(Effective from 5th August, 2011)
 

Definitions:

"Central Licensing Authority" means Designated Officer appointed by Chief Executive Officer of the Food Safety and Standards Authority of India in his capacity of Food Safety Commissioner.

"District" means a revenue district in state and UT'S provided the commissioner of Food Safety may; for the purpose of the Act declare any local area as a district on the basis of: - Concentration of specific category of Food Business which may need special attention, Risk Assessment carried by Department & any other specific regulatory requirement.

"Licensing Authority" means the Designated Officer appointed under section 36(i) of the Act by the commissioner of Food Safety of the state or by the Chief Executive Officer of the FSSAI in his capacity of Food Safety Commissioner.

“Petty Food Manufacturer” means any food manufacturer, who-

(a)  Manufactures or sells any article of food himself or a petty retailer, hawker, itinerant vendor or temporary stall holder: or distributes foods including in any religious or social gathering except a caterer. Or

(b)  Such other food businesses including small scale or cottage or such other industries relating to food business or tiny food business 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 upto 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.

“Registering Authority” means Designated Officer/Food Safety Officer or any official in panchayat, Municipal Corporation or any other local body or panchayat in any area, notified as such by the state food safety commissioner for the purpose of registration as specified in these regulations.

“State Licensing Authority” means Designated Officers appointed under section 36(1) of the Act by the Food Safety Commissioner of a state or UT.


TYPE OF LICENSES:

(i) Central License

(ii) State License

List of Food Business required to obtain Central License from central Licensing Authority:

  • Dairy units including chilling units- handle or process more than 50,000 litres of liquid milk per day or 2500MT of milk solid per annum.
  • Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit having installed capacity more than 2 MT per day.
  • All slaughter houses equipped to slaughter more than 50 large animals or 150 or more small animals including sheep and goats or 1000 or more poultry birds per day.
  • Meat processing units equipped to handle or process more than 500 kg of meat per day or 150 MT per annum.
  • All food processing units other than mentioned under (a) to (d) including relabellers and repackers having installed capacity more than 2 MT/day except grains, cereals and pulses milling units.
  • 100 % Export Oriented Units.
  • All Importers importing food items including food ingredients and additives for commercial use.
  • All food business operators manufacture any article of food containing ingredients or substances or using technologies or processes or combination thereof whose safety has not been established through these regulations or which do not have a history of safe use or food containing ingredients which are being introduced for the first time into the country.
  • Food Business Operator operating in two or more states.
  • Food catering services in establishments and units under Central government Agencies like Railways, Air and airport, Seaport, Defence etc.
  • Storage units other than those having controlled atmosphere and cold environment having capacity of more than 50,000 MT.
  • Cold or Refrigerated Storage having capacity of more than 10,000 MT.
  • Controlled Atmosphere + Cold Storage having capacity of more than 1,000 MT.
  • Wholesalers having turnover of more than Rs.30 crores per annum.
  • Retailers having turnover of more than Rs.20 crores per annum.
  • Distributors having turnover of more than Rs.20 crores per annum.
  • Suppliers having turnover of more than Rs.20 crores per annum.
  • Caterers having turnover of more than Rs.20 crores per annum.
  • Hotels – Five Star & Above.
  • Restaurants having turnover of more than Rs.20 crores per annum.
  • Transporters having more than 100 vehicles or turnover of more than Rs.30 crores per annum.
  • Marketers having turnover of more than Rs.20 crores per annum.

List of Food Businesses not covered under aforesaid categories shall be granted State license by the concerned State/UTs Licensing Authority, these are:

  • Food storage businesses not having controlled atmosphere or cold storage capability having capacity of upto 50,000 MT.
  • Cold or refrigerated food storage businesses having capacity of upto 10,000 MT.
  • Controlled atmosphere + Cold food storage business having capacity of upto 1,000 MT.
  • Food wholesalers having turnover of upto Rs.30 crores.
  • Food retailers having turnover of upto Rs.20 cores.
  • Food distributors having turnover of upto Rs. 20 crores.
  • Food suppliers having turnover of upto Rs.20 crores.
  • Food caterers having turnover of upto Rs.20 crores.
  • Dhaba, Boarding Houses serving food, Banquet halls with food catering arrangements, Home based Canteens / Dabba Wallas, Permanent or Temporary Stall Holders, Food Stalls or Arrangements in Religious gatherings or fairs having turnover of more than Rs. 12 lakhs per year.
  • Fish or meat or poultry shop sellers or any other food vending establishment having turnover of more than Rs.12 lakhs per year.
  • Club or canteens having turnover of more than Rs.12 lakhs per year.
  • Hotel having three stars to four star or hotels having a turnover of more than Rs.12 lakhs.
  • Restaurants having a turnover of upto Rs.20 crores.
  • Food transporters having upto 100 vehicles or annual turnover of upto Rs.30 crores.
  • Food markers having turnover of upto Rs.20 crores.
  • Dairy units including milk chilling units equipped to handle or process 501 to 50,000 LPD of milk or more than 2.5 MT to 2500 MT of milk solids per year.
  • Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit having upto 2 MT per day or turnover above Rs.12 lakhs per year.
  • Slaughtering units handling upto 50 large animals or 150 small animals or upto 1000 poultry birds per day.
  • Meat processing units having capacity to process upto 500kg of meat per day or 150 MT per annum.
  • All food processing units including relabellers and repackers having capacity of more than 100 kg per day.
  • All grains, cereals and pulses milling units.
In case FBO is operating in two or more states, he/she has to obtain one additional Central License for Head Office/ Registered Office and separate license/registration for each location as per eligibility criteria for particular location as mentioned above either from State or Centre (except transporter where one license/registration will be issued for all vehicle of single transporter)

REGULATION 2.1 REGISTRATION AND LICENSING OF FOOD BUSINESS.

 

 

Sub-Regulation

Description

Particulars

 

2.1.1

Registration of Petty Food Business

Every Petty Food Business need to be registered themselves with registering authority by submitting an application in Form A.

 

2.1.2

License for Food Business

Every Food Business Operator should have a valid food business license before commencing any food business.

 

2.1.3

Application for license to the Licensing Authority

Is all application was made by the Company in Form B along with the required documents and in proper manner or not?

 

2.1.4

Processing of Application for License

After the scrutiny of the application, if Licensing authority satisfies then Licensing authority shall issue the license to FBO in Format C within 60 days of issuing application ID and a true copy of the same shall be displayed at a prominent place at all times within the premises where the FBO carries on the food business.

 

2.1.5

Procedure for license in certain local areas

Single license is issued for one or more food article by the Licensing Authority.

 

2.1.6

Commencement of Business

Only after issuing a Valid License, you can Commence your business.

 

2.1.7

Validity and Renewal of Registration and License

Validity of license should be within 1 to 5 years as chosen by the FBO, an application for renewal of the same should be made before 30 days from the expiry of the license.

 

2.1.8

Suspension or Cancellation of Registration Certificate or License

If FBO fails to comply with the conditions of the License, then the Licensing authority has rights to cancel or suspend the same, after giving an opportunity of being heard to the FBO.

 

2.1.9

Modification, Expansion or Changes in premise after grant of license or registration

If FBO, wants to modify the license then it may by making an application to the licensing authority

 

2.1.10

Mode of Payment

All fees and charges payable to the authority shall be made by using Offline and Online payment mode.

 

2.1.11

Transfer of Registration Certificate or license in case of death

In the event of death of holder of license holder, same will be transfer to legal representative within 90 days or as they deem fit.

 

2.1.12

Appeal

FBO may appeal against the licensing authority to concerned Designated Officer or Food Safety Commissioner.

 

2.1.13

Return

Every manufacturer or importer who has license shall on or before 31st May of each year shall submit a return in electronically or in physical form as may prescribed by the concerned Food Safety Officer in FORM D-1 to the Licensing Authority in respect of each class of Food Products. Any delay in filing the same attracts the penalty of Rs. 100 per day.

 

2.1.14

Food Business Operator to be bound by directions or order

Every FBO shall bound to comply with the Rules or Regulations, if fails to do so then Legal action will attract against them.

 

2.1.15

Power of State/UT Government to constitute advisory committee

The State/UT Government if required designate an existing advisory committee at panchayat/district/state level or where such a committee do not exist, constitute an advisory committee to assist on any matter concerning food safety.

 

2.1.16

Jurisdiction of Designated Officer

The Commissioner of Food Safety shall by an order appoint Designated Officer who shall not be below the rank of Sub-divisional Officer to be in charge of Food Safety administration for each district.

 
                       

FEE FOR GRANT/ RENEWAL OF LICENSE REGISTRATION / LICENSE FEE PER ANNUM IN RUPEES 

1. Fees for Registration Rs 100/-

2. Fees for License issued by Central Licensing Authority: Rs 7500/-

3. Fees for License issued by State Licensing Authority:

1. Manufacturer /Miller

(i) Above 1MT per day Production or 10,001 to 50,000 LPD of milk or 501 to 2500 MT of milk solids per annum Rs. 5000/—

(ii ) Below 1 MT of Production or 501 to 10,000 LPD of milk or 2.5 MT to 500 MT of milk solids per annum Rs. 3000 /—

2. Hotels -3 Star and above Rs. 5000/—

3. All Food Service providers including restaurants/boarding houses, clubs etc. serving food, Canteens (Schools, Colleges, Office, Institutions), Caterers, Banquet halls with food catering arrangements, food vendors like dabba wallas etc Rs. 2000/—

4. Any other Food Business Operator Rs. 2000/—

The fees paid by any applicant for a license shall not be refundable under any circumstances.

ISSUE OF DUPLICATE REGISTRATION OR LICENSE

(1)  Where a registration certificate or license is lost, destroyed, torn, defaced or mutilated, the applicant may apply for a duplicate copy of the registration certificate or license during the validity period, accompanied with a fee amounting to 10% of the applicable License fees. 

(2)  On receipt of such an application, the Licensing Authority shall grant a duplicate copy of the registration certificate or license, as the case may be to the applicant with the word "Duplicate" appearing prominently thereon.

MODE OF PAYMENT

The payment shall be made by the Food Business Operator through Bank draft or online transfer or treasury challan or any other suitable means as specified by the Licensing Authority.

 
 
                         

Author
CS Charu Sharma
She can be contacted at cscharu39833@gmail.com

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