FSSAI License

What is FSSAI license?

The Food Safety and Standards Authority of India (FSSAI) is the legal authority that offers a food license to all food business operators in India. According to section 31 (1) of FSS Act, 2006 each Food Business Operator in the country is required to be licensed under the Food Safety and Standards Authority of India. The licensing and Registration procedure and requirements are regulated by Food Safety and Standards (Licensing and Registration of food Businesses) Regulations, 2011.

All the manufacturers, traders, restaurants, grocery shops, importers and exporters, etc are eligible for issuing FSSAI license. FSSAI Registration ensures the security of food products. FSSAI licensing ensures that food products undergo specific quality checks, thereby decreasing the cases of adulteration. It is a food safety certificate circulated by the food authority in India.

FSSAI Registration
Vs
FSSAI License?

Depending on the nature and size of business it specifies whether it requires an FSSAI registration or FSSAI license. Both are required to ensure food safety in different respective firms. But there are differences between the two.

FSSAI registration: FSSAI registration is simpler and is required only for petty food business operators like manufacturers or small sellers of food articles, petty retailers, itinerant vendors, stall holders, distributor of food products at social and religious places or any other food processing unit or cottage industry whom with an annual turnover of not more than Rs 12 lakh. FSSAI registration is also called FSSAI basic license. FSSAI registration certificate contains the details of registration and a photo of the applicant. The person has to display the certificate at the place of the food business, at all times carrying on the food business.

FSSAI License: Any person or entity that is not classified as a petty food business operator is required to obtain a FSSAI license for operating a food business in India. The FSSAI license is mainly of two types. i.e. State and Central. These licenses are for food manufacturers and Food Business Operators (FBOs) that are spread over the state and country respectively. Food Business Operators (FBOs) are essentially importers and exporters of food.

The fee and procedure for acquiring an FSSAI license are more substantial when compared to an FSSAI registration.

Types FSSAI license issued in India?

There are three types of FSSAI license. They are:

    • FSSAI Basic License
    • FSSAI State License
    • FSSAI Central License

Forms required for FSSAI license?

Form A: Basic FSSAI Registration Form A is needed to be filled when the small FBO has an annual turnover of less than 12 lakhs.

State FSSAI License Form B: State FSSAI License form B is needed to be filled when the food unit’s turnover is less than 20 crores and whose area of operation is limited to the state only. It is given by the Government of state.

Central FSSAI License Form B: Central FSSAI License form B is needed to be filled when the unit’s turnover is more than 20 crores. It is given by the Central Government of India.

1. FSSAI Basic License

If the annual turnover of the business is less than 12 lakhs then the Food Business Operator (FBO) shall get registered with Registration form A.

2. FSSAI State License

If the annual turnover of the business is between 12 to 20 crores then the Food Business Operator (FBO) shall apply for State license form B

3. FSSAI Central License

If the annual turnover of the business is above 20 crores, then the food business operator must apply for Central license form B. Large businesses need to obtain the FSSAI Central license in case such businesses are required to supply food products at government offices or have to import or export food products.

What are the documents required for FSSAI License registration?

All the food businesses must get an FSSAI registration or license to assure the customers that the food made is safe for consumption. The FSSAI License or an FSSAI registration depends on a few factors. The important factors taken into consideration are annual turnover, installed capacity, area of operations, whether restricted to a specific state etc.

The important documents required for the FSSAI food license are as follows:

Documents required for FSSAI Registration:

  • Form A – complete and signed.
  • 2 Passport sized photographs of the applicant.
  • Document for identity verification like PAN card, Ration card, Voter ID card, Driving license, Passport, Aadhar card, Senior citizen card, Department issued ID.
  • Proof of possession of the premises like utility bills (Electricity or water) or rent agreement, if the property is on rent.
  • Partnership deed.
  • Certificate of Incorporation or Articles of Association (AOA) if it is a company.
  • The complete list of food items the food unit will be processing.

Documents required for FSSAI State License:

  • State FSSAI license form B duly completed and signed by the proprietor, partner or the authorized member.
  • List of Directors or members of society with full address and contact details.
  • List of machinery used as well as the details like registration number, working capacity and power usage.
  • ID and address proof circulated by Government of India for Authorized signatory.
  • List of food categories planned to manufacture.
  • Copy and certificate received under Coop – 1861/Multi state Coop Act – 2002 in case of cooperatives.
  • Declaration and undertaking by FBO.
  • Authority letter with name and address of the responsible person as suggested by the manufacturer together with the alternative responsible person.
  • FSSAI self-declaration for proprietorships.
  • NOC and copy of license from manufacturer.
  • Food safety management system plan or certificate.
  • NOC from municipality or local body.
  • Form IX : Nomination of persons by a company along with the Board Resolution.
  • Blueprint or layout plan of the processing unit showing the dimensions in metres or square metres and operation wise area location.

Optional:

  • The analysis report of water used in food production from a recognized health laboratory.
  • Proof of ownership or possession of premises.
  • Source of milk or acquisition plan for milk as well as the location of milk collection centres (in case of Milk and Milk products processing).
  • Sources of raw materials for meat processing plants.
  • Pesticides residues report of water if the production of the unit packaged drinking water, mineral water and carbonated water from a known public health laboratory.
  • Partnership deed.
  • Affidavit of ownership or Memorandum & Articles of Association regarding the constitution of the firm.
  • Certificate provided by the Ministry of Tourism.
  • Self-declaration of the number of vehicles for transporters.
  • Declaration form – Especially for Delhi and Himachal Pradesh.

Documents required for FSSAI Central License

  • Central FSSAI License form B completed and signed by the proprietor or Partner or authorized member.
  • List of directors or members or society or trust with full address and contact details.
  • List of machinery used as well as the details like registration number, working capacity and power usage.
  • ID and address proof circulated by Government of India for authorized signatory.
  • List of food categories planned to manufacture.
  • Copy of certificate received under Coop – 1861/ Multi State Coop ACT – 2002 for cooperatives.
  • Declaration and undertaking by FBO.
  • Blueprint of the manufacturing unit having the dimensions in metres or square metres and operation wise area allocation.
  • Supporting proof of turnover.
  • Authority letter with name and address of the responsible person as suggested by the manufacturer together with the alternative responsible person.
  • FSSAI self-declaration for proprietorships.
  • NOC and copy of license from manufacturer.
  • Food safety management system plan or certificate.
  • NOC from municipality or local body.
  • Form IX : Nomination of persons by a company along with the Board Resolution.
  • Ministry of Commerce Certificate for 100% EOU.
  • NOC documents issued by FSSAI.
  • IE Code document issued by DGFT.

Optional:

  • The analysis report of water used in food production from a recognized health laboratory.
  • Proof of ownership or possession of premises.
  • Source of milk or acquisition plan for milk as well as the location of milk collection centres (in case of Milk and Milk products processing).
  • Sources of raw materials for meat processing plants.
  • Pesticides residues report of water if the production of the unit packaged drinking water, mineral water and carbonated water from a known public health laboratory.
  • Partnership deed.
  • Affidavit of ownership or Memorandum & Articles of Association regarding the constitution of the firm.
  • Certificate provided by the Ministry of Tourism (HRACC) – This is mandatory for hotels.
  • Self-declaration of the number of vehicles for transporters.

What is the procedure for applying for FSSAI license?

FSSAI registration or license depends on the business volume and the area of operation. It depends on the turnover that an applicant premises are eligible.

    • The procedure is initiated by the submission of Form A or Form B to food and safety department.
    • The application may be accepted or rejected by the food and safety department within 7 days from the application date.
    • If the application is accepted, a registration certificate will be provided by the department. This contain the registration number and photo of the applicant.
    • The Food Business Organization (FBO) should display the certificate of registration or license at the place of business during the working hours.

What if you violate the law?

  • Penalty for selling food, not of the demanded nature or substance or quality: Any person selling any kind food which is not in compliance with the provisions of the Act or regulations prescribed by FSSAI, or of nature or substance or quality as demanded by the purchaser will be liable to a penalty not exceeding Rs. 5 lakh. If the person is covered under Sub – section (2), section 31 for any non – compliance, will be liable to a penalty, not exceeding Rs.25,000.
  • Penalty for Sub – Standard Food: Anyone either by themselves or through any other person on their behalf manufacturers for sale, store or sells, distributes or imports any article of food for human consumption which is considered to be od sub – standard will be liable to a penalty which may be extended to Rs. 5 lakh.
  • Penalty for misbranded food: Anyone either by themselves or through any other person on their behalf manufacturers for sale, store or sells or distributes or import any food article for human intake which is misbranded will be liable to a penalty that can be extended up to Rs. 3 lakhs.
  • Penalty for misleading advertisement: Anyone who publishes an advertisement to mislead the consumer a nature or substance or quality of the food gives a false guarantee will be liable to pay a penalty up to Rs. 10 lakh.
  • Penalty for food containing extraneous matter: Anyone either by themselves or through any other person manufacturers for sale, store or sells, distributes, imports any food article for human consumption containing extraneous matter will be liable to pay a penalty of about Rs. 1 lakh.
  • Penalty for running the business without a license: Any food business operator either by himself or through someone on their behalf who is required to acquire the license operates without a valid FSSAI license will be penalized with an imprisonment term up to six months including a fine up to Rs. 5 lakhs.
  • Penalty for failure to comply with the directions issued by the food safety officer: If a food business operator fails to comply with the requirements and conditions of the FSS Act or the rules and regulations directed by the Food Safety Officer will be liable to a penalty of about Rs. 2 lakh.
  • Penalty for processing or manufacturing of food under an unhygienic or unsanitary condition: Anyone either by themselves or through any other person manufactures or processes any food article for human consumption under unhygienic and unsanitary conditions will be liable to pay a penalty of up to Rs. 1 lakh.
  • Penalty for possessing adulterant: Anyone either by themselves or through any other person manufactures or imports for sale, stores, selling or distribution possessing adulteration will be liable to pay a penalty of about Rs. 2 lakh in case such adulterant is injurious to health or will be liable to pay a penalty of about Rs. 10 lack in case such adulterant is injurious to health.
  • Penalty for contraventions: Anyone who breaches any provision of the FSS Act or the Rules and Regulations made by it will be liable to pay a penalty up to Rs. 2 lakh. But for this, there is no officially prescribed penalty in the Act.

Penalty for unsafe food: Anyone either by themselves or through any other person manufactures or imports for sale, stores, selling or distribution of any kind of food article which is unsafe for human intake will be liable to an imprisonment term up to six months along with a fine up to Rs. 1 lakh where the contravention does not lead to injury and is liable to an imprisonment term up to one year and a fine up to Rs. 3 lakh where the contravention results in non – grievous injury. The person is liable to an imprisonment term up to six years and a fine up to Rs. 5 lakh where the contravention results in grievous injury. The person is liable to an imprisonment not less than seven years and could be extended up to life imprisonment and a fine not less than Rs. 10 lakh where the contravention results in death

Conclusion

Being a food business operator in India, one must possess a food license. There are three types of FSSAI licenses. These depend upon the type and size of the food business and the total annual turnover. It is required for the food business operators to strictly follow the rules and regulations by FSSAI. Failing to comply with these will lead to punishable offenses under FSSAI Food license.

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