Registration in Detail

Overview about food license

FSSAI (Food Safety and Standards Authority of India) is a premier government body that underpins standards for the selling, packaging, or storage of food items in India. To ensure utmost food safety, the FSSAI has mandated every food business operator to secure an applicable food license. FSSAI functions under the aegis of the Ministry of Health and Family Welfare and the Government of India. FSSAI outlines various guidelines and standards in accordance with the Food Safety and Standards Act, 2006. FSSAI Basic Registration generally covers the small FBOs. It is entirely distinct from the FSSAI central and state license. FSSAI Basic registration can be secured electronically by filling the FSSAI registration form on an electronic system known as Food Licensing & Registration System (FLRS).
FLRS also enables the applicant to track the submitted application during the processing stage. Almost, 35 States/Union Territories have been granted a license/registration certification electronically. The FSSAI license is usually granted for a timeframe ranging from 1-5 years. The license holder should renew their certification before thirty days of the expiration date via the FLRS portal. The FSSAI acts to secure the law for food and relevant business by establishing standards for food to control the manufacturing of food. FSSAI: FSSAI - Food Safety and Standard Authority of India is an autonomous body that is established under the Ministry of Health and Welfare, Government of India. FSSAI License is responsible for protecting and promoting public health through the regulation.

Who Needs Fssai License/registration in India?

FSSAI License/ Registration in India is mandatory for all food and food-related businesses, this 14 digit License number gives us information about the permit of the producer.

The following businesses mandatory need to obtain the FSSAI Registration or License.

• Petty retailers, retail shops, snacks shops, confectionery or the Bakery Shop, etc.

• Temporary stalls, or food premises that are involved in the preparation, distribution, storage, and sale of food products.

• Hawkers who sell packed or freshly prepared food.

• Dairy units like milk chilling units, petty milkman, and the milk vendors.

• Vegetable oil processing units.

• Slaughterhouse like meat shop, mutton shop, chicken shop, lamb meat shop.

• Meat and Fish processing units.

• All food manufacturing and processing units include the repacking of food.

• Proprietary and novel food.

• Cold store facility.

• Transporter of food products that have several specialized vehicles like the insulated refrigerated van/wagon, milk tanker, food wagon, food trucks.

• Any wholesaler, supplier, distributor, and marketer of food products.

• Hotels, Restaurants, and Bars.

• Dhaba, Banquet halls with food catering, home-based food services and

• food stalls in fairs or other religious places.

• Importers and the Exporters of Food.

• And cloud kitchens.

The type of FSSAI License/Registration is required by each of the kinds of the above-mentioned business depends on the eligibility criteria.

What Are the Key Functions Performed by Fssai in India?

• Outlining rules and regulations pertaining to food safety and awareness

• Granting food licenses to eligible food businesses

• Setting out procedures & norms for food testing labs

• Facilitating recommendations to GOI in outlining new policies

• Collecting data related to contaminants in food articles

• Identifying the potential risks in the food sector or supply chain of food

• Conducting an on-site inspection of the premises dealing with food processing or manufacturing

• Leveraging rapid alert system for speedy detection of problems with food items available to masses

FSAAI has underpinned a stringent operating framework for proprietary food units as most of them operate without any regulations. The authority has not allowed these entities to function without legal consent. It is vital for entities in the food sector regardless of their scope of operation and annual turnover to register with FSSAI.

What Are the Fssai License Number?

Every food business operator has to apply for FSSAI license in India, after FSSAI registration the Food business is provided with a 14 digit license number which has to be showcased in the premise
The 14-digits of the FSSAI license number have been essentially divided into 5 sections and each section helps us to understand the details. Below mentioned are the five different sections of the FSSAI license number and its details:

• Section 1 - First digit indicates the status of whether the food business is registered or not.

• Section 2 - The second and the third digit indicates the state code which means the state where the business is registered.

• Section 3 - The fourth and fifth number will talk about the year in which the food business is registered.

• Section 4 - The sixth, seventh and eight number will help you to understand the quantity of enrolling master.

• Section 5 - Ninth to Fourteen is the Makers license number.

Fssai License Number Format

Types of Fssai License

FSSAI registration is based on the business types, turnover and capacity of production. Depending upon the installed capacity and turnover, FBOs are eligible for license such as basic license, central license and state license.

• FSSAI Basic License FBOs having turnover less than Rs. 12 lakh per annum must obtain FSSAI basic registration. The FSSAI registration form that the applicant has to fill to obtain FSSAI basic registration is Form A.

• FSSAI STATE LICENSE: FBOs having a turnover of more than Rs. 12 Lakh per annum and less than Rs. 20 Crore per annum must obtain FSSAI state license. The FSSAI registration form that the applicant has to fill to obtain FSSAI state license is Form B.

• FSSAI CENTRAL LICENSE: FBOs having a turnover of more than Rs. 20 crore per annum must obtain the FSSAI central license. The FSSAI registration form that the applicant has to fill to obtain FSSAI central license is Form B.

Fssai Registration Fee:

The applicant/FBO needs to pay the fees while submitting the FSSAI registration form. The FSSAI registration fee for different types of registration are as follows:\

• FSSAI Basic Registration- Fee of Rs. 100.

• FSSAI State License- Fee between Rs. 2,500 to Rs. 5,000 (Depends on the type of business carried out).

• FSSAI Central License- Fee of Rs. 7,500.

Penalties and Offences for Non-compliance

Punishment for carrying a business without the FSSAI License In case a person or a food business operator himself who is supposed to obtain the License manufactures, sells, stores or distributes, or imports any article for food without a license then it is a punishable offense with imprisonment for six months and a fine of Rs 5 lakh. Penalties for False advertisement
Any person who publishes or is a party to the publication of an advertisement that:

1. Falsely describes the food or

2. Is likely to mislead as to the nature or substance or quality of any food or false guarantee then shall be liable to a penalty which can be extended to ten lakh rupees.

Who Are Mandatory to Secure Fssai Basic Registration?

The FSSAI basic registration is mandatory for small businesses generating turnover fewer than Rs.12 lakhs/annum. Apart from this fundamental criterion, the following businesses are also mandatory to secure this registration.

What Are the Fundamental Documents Required for Fssai Basic Registration?

The following documents are required to obtain FSSAI basic registration, FSSAI state license and FSSAI central license:

1. Photo identity proof of the food business operators.

2. Business constitution certificate, i.e. partnership deed, certificate of incorporation, shop and establishment licence or other business registration certificate.

3. Proof of possession of business premises, i.e. rental agreement, NOC from the owner of the rented premises, utility bills etc.

4. Food safety management system plan.

5. List of food products manufactured or processed.

6. Bank account information.

7. Supporting documents (if required) like NOC by Municipality or Panchayat, Health NOC, copy of license from the manufacturer, etc.

Apart from the above-mentioned general documents, certain specific documents are required for obtaining the FSSAI state license and FSSAI central license. The specific documents required to obtain the FSSAI state license are:

1. Form B duly completed and signed

2. Plan of the processing unit showing the dimensions and operation- wise area allocation.

3. List of Directors/Partners/proprietor with address, contact details, and photo ID.

4. Name and list of equipment and machinery used with the number and installed capacity.

5. Authority letter from manufacturer nominated a responsible person name and address.

6. Analysis report of water to be used in the process to confirm the portability.

7. Copy of certificate obtained under Coop Act 1861/Multi-State Coop Act 2002.

Apart from the general License, the following specific documents are required to obtain FSSAI central License:

1. Form B duly completed and signed.

2. Plan of the processing unit showing the dimensions and operation-wise area allocation.

3. List of Directors/Partners/Proprietor with address, contact details, and photo ID.

4. Name and list of equipment and machinery used with the number and installed capacity.

5. Authority letter from manufacturer nominated a responsible person name and address.

6. Analysis report of water to be used in the process to confirm the portability.

7. Source of raw material for milk, meat etc.

8. Recall plan wherever applicable.

9. Ministry of Commerce Certificate for 100% EOU.

10. NOC/PA document issued by FSSAI.

11. IE code document issued by DGFT.

12. Form IX

13. Certificate from Ministry of Tourism.

14. Supporting document for proof of turnover and transportation.

15. Declaration form.

Procedure for Applying for Fssai Basic Registration

• Every petty FBO shall register themselves with the Registering Authority (RA) by furnishing a registration form (Form A) under schedule 2 of these regulations along with standard fee as cited in Schedule 3.

• The petty food manufacturer shall comply with underlying hygiene & safety norms cited in Part I of Schedule 4 of these norms & facilitate a self-attested document cum declaration of adherence to these norms with the form in the format cited in Annexure-1 under Schedule.

• The Registering Authority (RA) shall consider the application form and may either accord registration or revoke it with concrete reasons to be recorded in written or grant notification for inspection, within seven days of receipt of a registration form.

• In the case of an inspection being executed, the registration shall be accorded by the RA after being satisfied with the underlying conditions for safety, hygiene, and sanitary of the premises as cited in Part II of Schedule $ within the timeframe of 30 days.

If registration is not accorded or revoked, or inspection does not take place within 7 days cited in above sub-regulation (3) or no decision is communicated within thirty days timeframe as cited in the above sub-regulation (4), the business owner may commence its business undertaking, provided that it will be incumbent on the FBOs to meet any improvement directed by the RA even later.
Provided that registration shall not be refused without giving the applicant an opportunity of being heard and for reasons to be recorded in writing.

• The Registering Authority (RA) shall accord a registration certificate & a photo identification card, which shall be displayed at a business place at all times or cart or vehicle or any other place where the individual carries the food business in case of Petty Food Business.

• The Registering Authority (RA) or any institution authorized for this purpose shall inspect the registered business place at least once a year.

How to Renew the Fssai License?

The FSSAI License in India is very essential to commence with the food business as the validity of the business is for 1 to 5 years the business must apply for renewal 30 days before the expiry of the current license.

FSS Act encloses the given penal provisions against the actions that are punishable offenses:

• Any individual trading non-branded food article, either himself or via a third party that functions independently, shall be subjected to a penalty of up to 5 lakhs.

• In this scenario, any individual selling low-quality food articles, either himself or via a third party that functions independently, shall be held accountable to face the underlying penalties.

• If individual trading, marketing, storing, or importing food items available to masses, either himself or by an individual is found with an extraneous matter, the FSSAI penalty for such parties is up to Rs 1 lakhs.

• If an individual, either himself or via a third party that functions independently manufactures or processes food items meant for masses under unsafe and unhygienic conditions shall be held accountable to face a penalty of Rs 1 lakhs.

• In severe cases where the consumer has encountered the life-death scenario due to the substandard food article, the fine may go up to Rs 5 lakh for the defaulter.

Benefits of Securing an Fssai Basic Registration:

Despite being a legal compulsion the FSSAI Basic Registration renders dozens of benefits to the Food business operators. The common benefits of securing FSSAI Basic Registration include

• Ensure better customer retention

• Build trust among the target consumer

• Allow the business to thrive without legal hassles

• Ensure business expansion and better earning

• TRUST OF THE CUSTOMERS: An authentic communication is necessary to gain the customer trust. It will conduct better service and also keep the customers from unhealthy and adulterated food supply.

• LEGAL ADVANTAGES: FSSAI Certification will enhance the chance of legal enforcement and control over the department at a certain point and will encourage the establishment of several things to a particular area.

• GOVERNMENT FUNDING AND LOANS: The FSSAI registration will offer the privileges of Government Funding and Loans that can be easily accessible for the business operators.

• USE OF FSSAI LOGO: The use of FSSAI logo on your product will normally create goodwill trust worthiness amongst the consumers.

• EXPANSION OF BUSINESS: The FSSAI license will provide a wider scope and privilege of expansion any geographic location.

• RECOGNITION OF GOVERNMENT: Government of India recognizes the FSSAI Registration resulting in to customer trust and huge base of consumers.

• PERMIT OF FOOD BUSINESS: FSSAI License speaks about the safety of the customers concerning to food business.

• BENEFITS FROM GOVERNMENT ACTIONS ON NON-COMPLIANCE: Government will take action and bestow the help on the company in case of any non-compliance issue in the future.

• BOOST UP YOUR BUSINESS: If a business is FSSAI registered, it will create handsome client base and boost up the business at a larger scale

• BRAND VALUE: A company will automatically acquire Brand Value once it is FSSAI registered.

Why Legaltax?

• End-to-End Support for the licensing process

• Ensure seamless paperwork

• Availability of experienced professionals and field experts for seamless assistance.

Connect With Legaltax for Professional Support and Licensing Services

Licensing process entails delicate steps that seek a clear and mindful approach. Any error or mistake during licensing process could prevent the applicant from securing the license. In such cases, the applicant needs to follow the whole process again, which indeed is a time-consuming and tedious affair. This is where we come into the picture. We curtail the possibility of application rejection and ensure prompt and hassle-free disbursement of licenses.