FSSAI

1.      Brief discussion about FSSAI:

Food Safety and Standards Authority of India (FSSAI) is an autonomous body established under the Ministry of Health & Family Welfare, Government of India. The FSSAI has been established under the “Food Safety and Standards Act, 2006” which is a consolidating statute related to food safety and regulation in India.

According to FSSAI, every Food Business Operator in the country is required to be licensed.

Now let us define some basic terminologies:

Food: “Food” means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk) of Food Safety & Standards Act, 2006, genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances :

 Provided that the Central Government may declare, by notification in the Official Gazette, any other article as food for the purposes of this Act having regards to its use, nature, substance or quality.

As per in clause (zk), “Primary Food” means an article of food, being a produce of agriculture or horticulture or animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting, collection or catching in the hands of a person other than a farmer or fisherman.

Food Business: “Food Business” means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients.

Food Business Operator: “Food Business Operator” in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder.

2.      Implications of not having such Food License:

 

If any person or food business operator (except the persons exempted from licensing under sub-section (2) of section 31 of Food Safety & Standards Act, 2006), himself or by any person on his behalf who is required to obtain licence, manufacturers, sells, stores or distributes or imports any article of food without licence, shall be punishable with imprisonment for a term which may extend to six months and also with a fine which may extend to five lakh rupees.

 

Sub-section (2) of section 31 of Food Safety & Standards Act, 2006 apply to a petty manufacturer who himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator; but they shall register themselves with such authority and in such manner as may be specified by regulations, without prejudice to the availability of safe and wholesome food for human consumption or affecting the interests of the consumers

 

3.      Who is the Issuing Authority of the License?

The License is issued by designated officer who is appointed by the commissioner of Food Safety.

 

4.      Types of Licenses:

 

Central License

State License

Registration Certificate (no license required)

 

5.      Central License:

 

Ø  Eligibility:

Eligible Food business operators like importers, 100% EOUs, manufacturers, operators in central government agencies, airports, seaports, etc need to take a license from Central Authority.

Following is the eligibility:

S. No.

Business

Eligibility

Manufacturers

1.

Dairy units including milk chilling units equipped to handle or process

More than 50,000 litres of liquid milk/day

Or

2500 MT of milk solid per annum

2.

Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit

More than 2 MT per day

3.

Slaughtering units

Large Animals (more than 50) per day

Small Animals (150 or more) per day

Poultry Birds (1000 or more) per day

4.

Meat Processing units

More than 500 kg of meat per day

OR

150 MT per annum

5.

All food processing units including relabellers & repackers

More than 2 MT/day except grains, cereals and pulses milling units

6.

Proprietary foods

All

7.

100 % Export Oriented Units

All

Importers

1.

Importers importing food items including food ingredients & additives for commercial use

All

Other Businesses

1.

Storage(Except Controlled Atmosphere and Cold)

Capacity more than 50,000 MT

2.

Storage (Cold / Refrigerated)

Capacity more than 10,000 MT

3.

Storage (Controlled Atmosphere + Cold)

Capacity more than 1,000 MT

4.

Wholesaler

Turnover greater than 30 crores

5.

Retailer

Turnover greater than 20 crores

6.

Distributor

Turnover greater than 20 crores

7.

Supplier

Turnover greater than 20 crores

8.

Caterer

Turnover greater than 20 crores

9.

Hotel

Five Star & Above

10.

Restaurant

Turnover greater than 20 crores

11.

Transporter

Having more than 10 vehicle/wagon

Or

Turnover greater than 30 crores

12.

Marketer

Turnover greater than 20 crores

Premises in Central Government

1.

Food Catering services in establishments and units under Central Government Agencies like Defence etc.

Food Catering Services in Defence locations

2.

Storage

Wholesaler

Retailer

Distributor

Premises in Central Government Agencies

Premises in Air/ Seaport

1.

Food Catering services in establishments and units under Central Government Agencies like Air and Airport, Seaport etc.

Food Catering services at Seaport Located at Kandla, Tuticorin, Vishakhapatnam, Kolkata, Marmagoa

Cochin, Mumbai, Chennai, JNPT

Or

Airport Located at Kolkata, Tiruchy, Mumbai, Delhi, Chennai, Amritsar, Cochin, Bengaluru, Hyderabad,

Trivendrum, Ahmedabad

2.

Storage

Wholesaler

Retailer

Distributor

Premises at Seaport Located at Kandla, Tuticorin, Vishakhapatnam, Kolkata, Marmagoa Cochin, Mumbai, Chennai, JNPT

 Or

 Airport Located at Kolkata, Tiruchy, Mumbai, Delhi, Chennai, Amritsar,

Cochin, Bengaluru, Hyderabad, Trivendrum, Ahmedabad

    

 

NOTE:

In addition to the eligibilities listed above, food operators has to take a Central License for their Head office if they have operations in more than 1 (One) State.

 

Ø  Fees for Central License:

 

Type

New

Renewal

Modification

Duplicate

Amount (INR)

7500 per year

7500 per year

7500 per modification

10% of the applicable license fee

 

NOTE:

License can be issued/renewed for maximum 5 years

 

Ø  Documents Required:

 

Documents to be enclosed for new application for license to Central Licensing Authority:

 

1. Form-B Duly completed and signed (In Duplicate) by the Proprietor/Partner or the       Authorized Signatory

2. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only)

3. List of Directors/Partners/Proprietor/Executive Members of Society/Trust with full address and contact details (mandatory for companies only)

4. Name and List of Equipments and Machinery along with the number, installed capacity and horse power used (mandatory for manufacturing and processing units only)

5. Photo I.D and address proof issued by Government authority of Proprietor/ Partner/ Director(s)/ Authorised Signatory. (Optional)

6. List of food category desired to be manufactured. (In 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. (For manufacturers/ processors)

8. Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only)

9. Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) (Optional)

10. Partnership Deed/Self Declaration for /Memorandum & Articles of Association towards the constitution of the firm. (Optional) – For MoA – Three pages need to be uploaded (First page – Certification of incorporation, Second page – Authorization of food business activity and Third page – list of directors with addresses)

11. Copy of certificate obtained under Coop Act – 1861/Multi State Coop Act – 2002 in case of Cooperatives. (Wherever applicable)

12. NOC & Copy of License from manufacturer (mandatory for relabellers and repackers only)

13. Food Safety Management System plan or certificate (if any)

14. Source of milk or procurement plan for milk including location of milk collection centres etc. in case of Milk and Milk Products processing units. (Wherever applicable)

15. Source of raw material for meat and meat processing plants. (Wherever applicable)

16. Pesticide residues report of water in case of units manufacturing packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health laboratory

17. Recall plan wherever applicable, with details on whom the product is distributed. (Optional)

18. NOCs from Municipality or local body. (Optional)

19. Ministry of Commerce Certificate for 100% EOU

20. Supporting documentary proof for Turnover

21. NOC/PA document issued by FSSAI (In case of multiple documents, merge them into one document and then upload)

22. IE CODE document issued by DGFT

23. Form IX: Nomination of Persons by a Company along with the Board Resolution.

24. Certificate provided by Ministry of Tourism (HRACC). (Mandatory for Hotel Only)

25. For Transporters- Supporting documentary proof for Turnover or self declaration of number of vehicles (Mandatory for Transporter Only)

26. Declaration Form

 

Documents to be included for renewal of license:

 

1. Form-B Duly completed and signed (In Duplicate) by the Proprietor/Partner or the Authorized Signatory (mandatory).

2. Annual audit report/FSMS Plan/Certificate/Self Declaration regarding FSMS

3. Form IX: Nomination of Persons by a Company along with the Board Resolution.

4. Declaration Form

 

Documents to be included for modification of license:

 

1. Form-B Duly completed and signed (In Duplicate) by the Proprietor/Partner or the Authorized Signatory (mandatory).

2. Any change in documents or information provided during grant of previous license. (Mandatory) [On letter head].

3. Food Safety Management System plan or certificate (if any)

4. Name, qualification and details of technical personnel in charge of operation. (Mandatory for manufacturing & processing units)

5. Proof of change of Name [In case of Companies, copy of COI from ROC and in case of Partnership, a copy of the new partnership deed and in Proprietorship, a letter of undertaking from the proprietor]

6. Form IX: Nomination of Persons by a Company along with the Board Resolution.

7. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only)

8. List of Directors/Partners/Proprietor/Executive Members of Society/Trust with full address and contact details (mandatory for companies only)

9. Name and List of Equipments and Machinery along with the number, installed capacity and horse power used (mandatory for manufacturing and processing units only)

10. Photo I.D and address proof issued by Government authority of Proprietor/ Partner/ Director(s)/ Authorised Signatory. (optional)

11. List of food category desired to be manufactured. (In case of manufacturers)

12. 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. (for manufacturers/ processors)

13. Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only)

14. Partnership Deed/Self Declaration for Proprietorship /Memorandum &Articles of Association towards the constitution of the firm. (Optional) – For MoA – Three pages need to be uploaded (First page – Certification of incorporation, Second page – Authorization of food business activity and Third page – list of directors with addresses)

15. Copy of certificate obtained under Coop Act – 1861/Multi State Coop Act – 2002 in case of Cooperatives. (Wherever applicable)

16. NOC & Copy of License from manufacturer (mandatory for relabellers and repackers only)

17. Source of milk or procurement plan for milk including location of milk collection centres etc. in case of Milk and Milk Products processing units. (Wherever applicable)

18. Source of raw material for meat and meat processing plants. (Wherever applicable)

19. Pesticide residues report of water in case of units manufacturing packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health laboratory

20. Declaration Form

 

6.      State License:

 

 

Ø  Eligibility:

S. No.

Business

Eligibility

Manufacturer

1.

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 annum

2.

Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit

Up to 2 MT/day and turnover above 12 lakh

3.

Slaughtering units

Large Animal (More than 2 up to 50)

Small Animal (More than 10 up to 150)

Poultry Birds (More than 50 up to 1000/ day)

4.

Meat Processing units

Up to 500 kg meat per day

Or 150 MT per annum

5.

All food processing units including relabellers & Repackers

More than 100 kg/ltr to 2 MT/day.

 All grains, cereals & pulses milling units.

Other Businesses

1.

Storage(Except Controlled Atmosphere and Cold)

Capacity up to 50,000 MT

2.

Storage (Cold / Refrigerated)

Capacity up to 10,000 MT

3.

Storage (Controlled Atmosphere + Cold)

Capacity up to 1,000 MT

4.

Wholesaler

Turnover up to 30 crores

5.

Retailer

Turnover up to 20 crores

6.

Distributor

Turnover up to 20 crores

7.

Supplier

Turnover up to 20 crores

8.

Caterer

Turnover up to 20 crores

9.

Restaurant

Turnover up to 20 crores

10.

Marketer

Turnover up to 20 crores

11.

Dhaba, Boarding houses serving food, Banquet halls with food catering arrangements, Home based Canteens/ Dabba Wallas, Permanent/ Temporary stall Holder, Food stalls/ Arrangements in Religious gatherings/fairs etc. , Fish/Meat/Poultry shop/Seller or any other food vending establishment

Turnover more than 12 lakhs/annum

12.

Club/Canteen

Turnover more than 12 lakhs/annum

13.

Hotel

Three star & above and below Five star

OR

Up to Three star and Turnover more than 12 lakhs

14.

Transporter

Having up to 100 vehicles/ wagons Or turnover up to

30 crores

Premises at Central Government

1.

Food Catering services in establishments and units under Central Government Agencies like Railways, Air and Airport, Seaport, Defence etc

Food Catering Services in Seaport/Airport excluding Seaport Located at Kandla, Tuticorin,

Vishakhapatnam, Kolkata, Marmagoa Cochin, Mumbai, Chennai, JNPT

Or excluding Airport Located at Kolkata, Tiruchy, Mumbai, Delhi, Chennai, Amritsar, Cochin, Bengaluru, Hyderabad, Trivendrum, Ahmedabad

    

 

 

Ø  Fees for State License:

 

1.      In case of new license:

 

S. No.

Particulars

Fees (Rs. Per year)

1.

Manufacturer/Miller

Above 1MT per day Production

5000

10,001 to 50,000 LPD of milk Or 501 to 2500 MT of milk solids per annum

Below 1 MT of Production

3000

501 to 10,000 LPD of milk Or 2.5 MT to 500 MT of milk solids per annum

2.

Hotels up to 4 Star

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 dabbawallas etc & Other food Business Operator

2000

 

2.      In case of Renewal of license:

The fees for renewal of license depends on number of years selected.

 

3.      In case of modification of license:

The fee for modification of license is fees for one year per license modification.

 

4.      In case of Duplicate of license:

10%  of the applicable license fee.

 

Ø  Documents Required:

 

Documents to be enclosed for new application for license to State Licensing Authority:

 

1. Form-B Duly completed and signed (In Duplicate) by the Proprietor/Partner or the       Authorized Signatory

2. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only)

3. List of Directors/Partners/Proprietor/Executive Members of Society/Trust with full address and contact details (mandatory for companies only)

4. Name and List of Equipments and Machinery along with the number, installed capacity and horse power used (mandatory for manufacturing and processing units only)

5. Photo I.D and address proof issued by Government authority of Proprietor/ Partner/ Director(s)/ Authorised Signatory.

6. List of food category desired to be manufactured. (In 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. (For manufacturers/ processors)

8. Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only)

9. Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) (Optional)

10. Partnership Deed/Self Declaration for /Memorandum & Articles of Association towards the constitution of the firm. (Optional) – For MoA – Three pages need to be uploaded (First page – Certification of incorporation, Second page – Authorization of food business activity and Third page – list of directors with addresses)

11. Copy of certificate obtained under Coop Act – 1861/Multi State Coop Act – 2002 in case of Cooperatives. (Wherever applicable)

12. NOC & Copy of License from manufacturer (mandatory for relabellers and repackers only)

13. Food Safety Management System plan or certificate (if any)

14. Source of milk or procurement plan for milk including location of milk collection centres etc. in case of Milk and Milk Products processing units. (Wherever applicable)

15. Source of raw material for meat and meat processing plants. (Wherever applicable)

16. Pesticide residues report of water in case of units manufacturing packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health laboratory

17. Recall plan wherever applicable, with details on whom the product is distributed.

18. NOCs from Municipality or local body.

19. Form IX: Nomination of Persons by a Company along with the Board Resolution.

20. Certificate provided by Ministry of Tourism (HRACC). (Mandatory for Hotel Only)

21. For Transporters- Supporting documentary proof for Turnover or self declaration of number of vehicles (Mandatory for Transporter Only)

22. Declaration Form (in case of Delhi & Himachal Pradesh)

 

Documents to be included for renewal of license:

 

1. Form-B Duly completed and signed (In Duplicate) by the Proprietor/Partner or the Authorized Signatory (mandatory).

2. Annual audit report/FSMS Plan/Certificate/Self Declaration regarding FSMS

3. Form IX: Nomination of Persons by a Company along with the Board Resolution.

4. Declaration Form (in case of Delhi & Himachal Pradesh)

 

Documents to be included for modification of license:

 

1. Form-B Duly completed and signed (In Duplicate) by the Proprietor/Partner or the Authorized Signatory (mandatory).

2. Any change in documents or information provided during grant of previous license. (Mandatory) [On letter head].

3. Certificate or Plan of Food Safety Management System being adopted (for units under Central Licensing it has to be a certificate from accredited agencies or affidavit. (if any)

4. Name, qualification and details of technical personnel in charge of operation. (Mandatory for manufacturing & processing units)

5. Proof of change of Name [In case of Companies, copy of COI from ROC and in case of Partnership, a copy of the new partnership deed and in Proprietorship, a letter of undertaking from the proprietor]

6. Form IX: Nomination of Persons by a Company along with the Board Resolution.

7. Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only)

8. List of Directors/Partners/Proprietor/Executive Members of Society/Trust with full address and contact details (mandatory for companies only)

9. Name and List of Equipments and Machinery along with the number, installed capacity and horse power used (mandatory for manufacturing and processing units only)

10. Photo I.D and address proof issued by Government authority of Proprietor/ Partner/ Director(s)/ Authorised Signatory. (optional)

11. List of food category desired to be manufactured. (In case of manufacturers)

12. 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. (for manufacturers/ processors)

13. Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only)

14. Partnership Deed/Self Declaration for Proprietorship /Memorandum &Articles of Association towards the constitution of the firm. (Optional) – For MoA – Three pages need to be uploaded (First page – Certification of incorporation, Second page – Authorization of food business activity and Third page – list of directors with addresses)

15. Copy of certificate obtained under Coop Act – 1861/Multi State Coop Act – 2002 in case of Cooperatives. (Wherever applicable)

16. NOC & Copy of License from manufacturer (mandatory for relabellers and repackers only)

17. Source of milk or procurement plan for milk including location of milk collection centres etc. in case of Milk and Milk Products processing units. (Wherever applicable)

18. Source of raw material for meat and meat processing plants. (Wherever applicable)

19. Pesticide residues report of water in case of units manufacturing packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health laboratory

20. Declaration Form (in case of Delhi & Himachal Pradesh)

 

 

7.      Registration Certificate:

 

Ø  Eligibility:

S. No.

Business

Eligibility

Manufacturer

1.

Dairy units including milk chilling units equipped to handle or process

Up to 500 LPD of milk

Or

 Up to 2.5 MT of milk solids per annum

2.

Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit

Turnover up to 12 lakhs/annum

3.

Slaughtering units

Large Animals up to 2

Small Animals up to 10

Poultry Birds 50 per day

4.

Meat Processing units

Turnover up to 12 lakhs/annum

5.

All food processing units including relabellers & Repackers

Turnover not exceeding Rs. 12 lakhs and whose production capacity of food does not exceed 100 kg/ltr per day

Other Businesses

1.

Storage(Except Controlled Atmosphere and Cold)

Turnover up to 12 lakhs/annum

2.

Storage (Cold / Refrigerated)

Turnover up to 12 lakhs/annum

3.

Storage (Controlled Atmosphere + Cold)

Turnover up to 12 lakhs/annum

4.

Wholesaler

Turnover up to 12 lakhs/annum

5.

Retailer

Turnover up to 12 lakhs/annum

6.

Distributor

Turnover up to 12 lakhs/annum

7.

Supplier

Turnover up to 12 lakhs/annum

8.

Dhaba, Boarding houses serving food, Banquet halls with food catering arrangements, Home based Canteens/ Dabba Wallas, Permanent/Temporary stall Holder, Food stalls/ Arrangements in Religious gatherings/fairs etc. , Fish/Meat/Poultry shop/Seller or any other food vending establishment

Turnover up to 12 lakhs/annum

9.

Club/Canteen

Turnover up to 12 lakhs/annum

10.

Hotel

Turnover up to 12 lakhs/annum

11.

Restaurant

Turnover up to 12 lakhs/annum

12.

Transporter

Turnover up to 12 lakhs/annum

13.

Marketer

Turnover up to 12 lakhs/annum

14.

Hawker (Itinerant/mobile food vendor)

All

15.

Petty Retailer of snacks /tea shops

All

    

 

 

Ø  Fees for Registration Certificate:

 

Type

New

Renewal

Duplicate

Amount (INR)

100 per year

100 per year

10% of the applicable certificate fee

 

Ø  Process of Registration Certificate:

 

Application is to be submitted in Form-A. On submission of the same, either registration should be provided or application would be rejected within 7 days of receipt of an application by the authority.

 Diagrammatically, it has been represented as follows:

 

 

Ø  Documents Required:

 

1.      Passport size photograph of Food Business Operator.

2.      ID proof like ration card, aadhar card, voter ID, PAN card, driving license, passport, etc.

3.      Proof of possession of premises (if different as mentioned in ID Proof)

4.      Declaration form

 

8.      Licensing Process: