Author: Advocate (Lino Mathew) Bangalore
Entry date: 2020-12-02
Summary: Frequently Asked Questions (FAQs) on FSSAI LICENSING and REGISTRATION
Asked Questions (FAQs) on
FSSAI LICENSING and REGISTRATION
Q1. Are different Licenses required to conduct different kind of food business activities at the same premise?
Ans: FSSAI license is based on premise. All kinds of food business activities which are being conducted at the same premise can be applied for in a single FSSAI license.
Ans: FBO can approach concerned Designated Officer of concerned area. Designated Officer will create User ID and issue you a new system generated license number which can be renewed through online process, whenever required.
Ans: It will minimize the number of documents required during renewal of license. The old license number will also be attached with the new license number. FBOs will be able to track the application during the course of processing through the FSSAI?s online food licensing and registration system.
Q4. Who are petty food business operators? What is the eligibility for FSSAI registration certificate? Ans: Petty Food Business Operators (FBO) 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 having annual turnover up to Rs. 12 Lacs and/or whose
These FBOs are required to obtain FSSAI Registration Certificate by applying on Food Licensing and Registration System. This Registration Certificate is embedded with QR code and has the image of FBO with 14-digit Registration number starting with 2 (2xxxxxxxxxxxxx).
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 cancelled License/Registration is an unlawful activity and shall attract penal actions under FSS Act, 2006.
Ans: No. FSSAI License/Registration is not required for utensils or packaging material as these are not covered under the definition of food as per Section 3(n) of FSS Act, 2006.
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.
Ans: Respond to the queries raised by Licensing or Registering Authority within 30 days. The application for the editing/modification shall be available on the dashboard of the applicant. If an applicant does not respond to the queries of Licensing or Registering Authorities, the application will be rejected.
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.
Q10. Who will issue the FSSAI license to food business operators under Airport/Seaport premises? Ans: FSSAI license for food premises at Airport/Seaport are issued by Airport Health Officers (APHOs) or Port Health Officers (PHOs) who are notified as Designated Officers (DOs) by Food Authority. Airports/Seaports where APHOs/PHOs are not notified as DOs, Central Licensing Authority (CLA) of respective area would issue license.
Ans: As per in „FSS (Licensing & Registration) Regulations, 2011, Licenses and Registrations are granted to FBOs in a 3 tier system i.e. Registration, State license and Central License. Eligibility Criteria is available on the homepage of Food Licensing and Registration System (FLRS).
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.
Ans: Pulses/Grains etc. milling unit comes under Manufacturing Kind of Business. These milling units exclusively covered under State License irrespective of their production capacity.
Ans: In case where a food vending machine having annual turnover of more than Rs.12 Lacs, it shall be licensed with FSSAI. For the vending machines having annual turnover of upto Rs.12 Lacs, the parent entity shall obtain FSSAI license in concurrence of FSSAI orders numbered 15(6)2018/FLRS/RCD/FSSAI dated 08th July 2019 and 19th Sep 2019 issued in this regard.
Ans: No, NOC is not required from Food Safety and Standards Authority of India for exporting food products from India however FSSAI License is required to be taken by the exporter.
Ans: No, there is no need to submit physical documents at Regional/ State offices for Central/ State 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 difference in annual license fee in case of upgradation.
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.
Ans: An importer cannot submit another application with same IEC unless he deletes application (complete or incomplete) or surrender license where this particular IEC used.
Ans: You need to apply online for surrendering the License or Registration by login into the same FLRS account from which license/registration application was filed. After approval of the concerned authority, it will be considered as surrendered.
Ans: License can be transferred in case of death of the owner. Transfer application can be made online. For transferring of License, Death Certificate and Proof of Legal Heir is required.
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 appeal against an improvement notice it shall be 15 days or the period specified in the improvement notice, whichever expires earlier.
Ans: Inspections are conducted on the points of Sanitary and Hygienic Requirements as mentioned in Schedule 4 of FSS (Licensing and Registration of Food Businesses) Regulations, 2011. Kind of Business wise standardized inspection checklists used by inspectors are based on Schedule 4 requirements only and are available at https://fssai.gov.in/cms/inspection-matrices.php
Ans: On receipt of improvement notice, you need to act upon suggestions given for improvement by the concerned authority. A minimum of 14 days shall be granted by the concerned authority for submitting compliance report.
Q24. My License/Registration has been suspended. How suspension can be revoked?
Ans: In the improvement notice issued to food business operator (FBO) for suspension, the ground for suspension is given. FBO is required to take remedial action as directed in improvement notice and inform Licensing Authority. If satisfied with the steps taken by the FBO, Licensing Authority may revoke suspension with or without conducting inspection. The FBO may also appeal against the Improvement Notice vide Section 32(4) of FSS Act, 2006.
Ans: FBO can contact at toll free help desk no 1800112100 or can mail his query to email@example.com. Further, the homepage of Food Licensing and Registration System (FLRS)/ 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 himself.
Ans: An applicant is informed by SMS/Email alert at many stages of application processing. Moreover the applicant can obtain the status by using facility of “Track Application Status” on FLRS/FoSCoS.
Ans: FBO can?t renew his/her License or Registration if it is not applied before the expiry of license/registration. Once the license/registration is expired, the FBO has to apply afresh for a new licences/ registration.
Ans: Payment can be made online through credit card, debit card and online net banking facility.
Ans: Licensing Officer can reject the application in the case when the required information is not provided within the stipulated time of 30 days or is convinced that the applied application is not tenable and cannot be granted. Before refusing license an applicant shall be given an opportunity of being heard and reasons for refusal shall be recorded in writing.
Ans: All Food business operators including pharmacies or medical stores selling Health supplements or Nutraceutical products need to apply for the FSSAI license or registration.
Ans: If a Food Business Operator (FBO) has his food business premises located in two or more than two States, he is required to obtain a Central License for his Registered Office or Head Office in addition to license/registration for each unit/premise. Separate license or registration to be obtained for each unit/premise depending upon that unit?s capacity or turnover, from the concerned Central or State licensing authorities.
Q32. Under which circumstances can the Designated Officer (DO) suspend or cancel the FSSAI license or Registration?
Ans: The DO may suspend the license of a Food Business Operator (FBO) if they are not complying with the improvement notice. The DO may further cancel the suspended license after giving the FBO an opportunity by issuing show cause notice.
Q33. Will license be required for a catering establishment that comes under the Central Government? Ans: Yes, all catering establishments, even those under central Government such as Railways, Airport, Seaport, and Defence etc. will have to get a license from FSSAI.
Ans: Yes, FSSAI license is required for any type of food activities including manufacturing, trading, distribution and transportation. Therefore, you need license from FSSAI.
Ans: Yes, FSSAI license is mandatory for both export and import of food products. You will need to apply for FSSAI Central License for your export unit.
Ans: Yes, you are required to obtain FSSAI?s Central license on the address as mentioned in Import Export Code Certificate from DGFT to import food products for sale in India.
Q37. What is the maximum period for which FSSAI License/Registration can be applied? Ans: FSSAI license can be applied or renewed for 1 year up to maximum 5 years at a time.
Ans: Consumers or any stakeholder can access and verify FSSAI Licensed/Registered Food Business Operators (FBOs) through 'Food Safety Connect' App.
The information can also be accessed through FBO Search facility available on FSSAI's Food License and Registration System (FLRS)/ Food Safety and Compliance System (FoSCoS).
Ans: FSSAI is dispatching License and Registration to FBOs online with QR code. On scanning, QR code shows the details of FSSAI License or Registration as available in FSSAI database. This helps in identifying any fraudulent activity.
Ans: Food Business Operators (FBOs) shall only manufacture/process food products after getting them endorse on FSSAI License. It is clarified that FBOs manufacturing products without getting them endorse on their License will be treated as 'Conducting Business without License' and shall be prosecuted under relevant section of FSS Act, 2006 .
Ans: The documents are classified according to Kind of Food Business. The list is available on the Homepage of FSSAI?s food licensing website (foodlicensing.fssai.gov.in) under „Supporting Documents? tab.
Ans: Food Business Activities at Airport/Seaport required to obtain Central License. Fee for FSSAI License for food businesses located at Airport/Seaport is Rs. 7500 per year.
Ans: FSSAI License number is of 14 digits and starts with '1' while FSSAI Registration number is also of 14 digits and starts with '2'.
Further, the first three digit pattern of FSSAI Central License out of 14 digit- License number is
Ans: You will be required to obtain a Central License for the Head Office/Registered office of your company and individual Central or State license or Registration Certificate (as per the eligibility criteria of respective units) for each manufacturing unit in particular State/UT.
Ans: FSSAI has created an ecosystem of Food Safety Mitras (FSM). Under FSSAI?s Food Safety Mitra Scheme, Digital Mitras are being recognized and trained by FSSAI who provide help to Food Business Operators in filing applications for licenses and registrations.
Ans: Every Licensed FBO shall inform the Licensing authority in Form IX, the particulars relating to the concerned head or the person in-charge of such establishment, branch, unit, with due certification that the concerned person has been so nominated for the purpose of compliance under FSS Act and Rules and Regulations made thereunder.
Every FBO, other than proprietor needs to nominate a person and convey to Licensing Authorities in Form IX.
Ans: FSSAI Licensed FBOs involved in Manufacturing (including repacking and manufacturing of food products 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.
Manufacturers of Milk and Milk products need to submit Half-yearly returns in form D2 within one month of completion of previous half-year. Formats of D1 and D2 are available on the homepage of FSSAI?s licensing website www.foodlicensing.fssai.gov.in.
Merchant Exporter can file Quarterly annual report through online system.
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.
Ans: As per condition of License, FBOs involved in manufacturing/processing of Oils shall have in-house laboratory facility for analytical testing of products.
Further, FSSAI vide order number 15023/02/2017-QA (pt-2) dated 15th October 2019 has issued directions that all Dairy Processing units should follow a standardized Scheme of Sampling, Testing and Inspection for monitoring of internal controls to ensure safe and good quality of supply of milk and milk products to consumers. Detailed Scheme of Sampling, Testing and Inspection is attached with the order (available at FSSAI?s website). The scheme came into force from 01st Jan 2020.
Ans: As per clause 2.1.14 of FSS (Licensing and Registration of Food Businesses) Regulations, 2011, every FBO involved in Business to Business trade shall give either separately or in the bill, cash memo, or label, a warranty in Form E to the purchaser.
Ans: There are certain Conditions of License as defined in Annexure 3 of Schedule 2 of Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 which are to be complied with at all times by every FSSAI Licensed food business operator. FSSAI Licenses (with embedded QR Code) are being dispatched to Food Business Operators with Conditions of License annexed to it. Conditions of License are also available on the homepage of Food Licensing and Registration System.
Ans: Food business operators manufacturing fortified foods (Wheat, Rice, Milk, Oil and Salt) are required to get these endorse on their FSSAI License by enclosing lab test reports of the products.
Ans: Even, if an FBO has the valid FSSAI License, he needs to endorse fortified food in his/her FSSAI License. Only after approval of endorsement of fortified foods in FSSAI License, the FBO can use +F logo on endorsed products.
Q54. I have FSSAI License,can I use the Jaivik Bharat (Organic India) logo on food product labels? Ans: Even, if an FBO has the valid FSSAI License, he needs to endorse organic food in his/her FSSAI License by enclosing the certification of the products obtained from NPOP/PGS-India. Only after approval of endorsement of organic foods in FSSAI License, the FBO can use Jaivik Bharat (Organic India) logo on endorsed product labels.
Ans: Chemists Shops, Retailers or any other retailing units are required to obtain FSSAI License, if they are involved in selling of food products through their outlets. Eligibility Criteria of FSSAI License/Registration is available on foodlicensing.fssai.gov.in or call @ 1800112100 (toll free).
Ans: Definition of each Kind of Food Business (KoB) is available on homepage of FSSAI?s licensing website i.e. www.foodlicensing.fssai.gov.in. An Eligibility check is also available.
Ans: A registration certificate has to be issued by the registration authority within 7 days of the date of making application. In the case, registration authority wants to conduct inspection of the premise of the applicant, the inspection must be conducted within 30 days of the date of application and registration to be issued, if premises found in order as per Schedule 4 of FSS (Licensing and Registration of food businesses) Regulations, 2011.
Ans: A license has to be issued by the Licensing Authority within 60 days of making complete application by an applicant. This time includes scrutinization of application and inspection of premises by the concerned authority.
Ans: If you are aggrieved by the decision of concerned licensing or registering authority, you may appeal to the Commissioner of Food Safety of your State under Section 32 of Food Safety and Standards Act, 2006. Details of Commissioners of Food Safety of all States/UTs are available at https://fssai.gov.in/cms/commissioners-of-food-safety.php.
Ans: A License or registration renewal application can be made as early as 120 days in advance.
Ans: As per regulations, a renewal has to be filed not later than 30 days prior to expiry of License to avoid the late fee for renewal of License. A late fee of Rs. 100 per day is calculated and added to renewal fee of License. i.e. if you are applying for renewal on last day of expiry, a late fee of Rs. 100 x 30 = Rs. 3000 will be added to the renewal fee of License.
Ans: In case license or registration fee is paid through offline treasury challan, the copy of treasury challan should be self-attested by the FBO and a 17-digit reference number shall be mentioned on the top of treasury challan. The details of treasury challan, then, shall be filled and self-attested copy of it shall be uploaded in the application. The application then finally be submitted.
Ans: FSSAI License or registration containing QR code is dispatched to email ids of FBOs after its issuance. FSSAI License is sent to email-id of nominated person as declared. FSSAI Registration certificate is also sent to email-id as mentioned by the applicant. In case, you didn?t receive the mail of License or registration, please ensure the correctness of email- ids provided by you.
Ans: Status of renewal of any License/Registration can be checked in your FLRS account by login with user id and password. Other option is to track your application status in FLRS website at foodlicensing.gov.in.
Ans: The requirement of any other permission to conduct a food business in an area is determined by District/Local Administration. There is no prerequisite condition for obtaining permissions to apply for FSSAI License/Registration. However, an FBO shall ensure that all the permissions have been taken as prescribed by District/Local Administration prior commencing food business activities.