In this article, Syeda Muneera Ali of KIIT School of Law discusses Registration Procedure under FSSAI.

Introduction

• Food is the most essential and basic requirement for everybody. Without it, we cannot survive, in any manner.
• Recognising the importance of such a matter, the government has organisations that work rigorously, to ensure that the food we consume is safe and healthy. They understand that something that affects the entire nation, has to be done efficiently and in an expedited manner.
• One such organisation is the Food Safety and Standards Association of India (FSSAI), that runs on the guidelines of the Food Safety and Standard Act, 2006, and is focused on setting the apt standards for food products, in every level.

Why do we need the Food Safety and Standards Act Act?

The basic function of the Food Safety and Standards Act Act is to ensure that there is a healthy and hygienic supply of food and food products. This is both important and essential for such guidelines to be followed, as food is something that affects every individual, irrespective of any discriminating factor. A compromise in any form can lead to devastating consequences for a large number of people. To understand this better, let us see the following example.

Restaurant ‘X’ is famous for its chicken items. However, due to a bad economy, their sale has been limited for the past six months. Due to their loss, they started using the older chicken when somebody ordered, as opposed to buying a fresh stock. Eventually, this led to several complaints by people, who started having food poisoning.

In this example, it is evident that the negligence on the part of the restaurant led to a compromise in several people’s health. Therefore, if such actions are not checked and eliminated, there would be widespread disease and discomfort amongst people. The FSS provides guidelines to ensure efficiency and safety.

What is FSSAI?

• The Food Safety and Standards Association of India (FSSAI) is a body established in the year 2008, under the Food Safety and Standards Act, 2006. The Food Safety and Standards Act is a consolidating statute that relates to food safety and regulation in India.
• With the Ministry of Health and Family Affairs being its parent organisation, the FSSAI has its primary focus on the protection and promotion of public health, through the regulation and supervision of food safety.
• Alongside its headquarters in New Delhi, the FSSAI has six other regional offices in Delhi, Chennai, Kolkata, Mumbai, Cochin and Guwahati.
• The Central Government appoints a non-executive chairperson with a rank that is not below that of the Secretary to the Government of India.

Why do you need to/should register under the FSSAI?

To begin with, every individual who owns any form of food business (i.e. a Food Business Operator), is bound to register with the FSSAI or, have a licence. However, extremely small businesses are exempted from such a rule, provided that they register themselves with the food authority. Some of the primary reasons why you should register under the FSSAI are:

• FSSAI registrations enhance the credibility of the business, as it increases the consumer’s confidence in the food item, in terms of food safety and the quality of the food.
• It aids to the promotions of food innovations.
• It helps to remove multiple regulations on receiving approvals.
• It facilitates trade, without compromising the safety concerns of the people ( i.e., consumers).

What is the eligibility criteria for registrations under the FSSAI?

Primarily, there are three categories, in accordance with the kind of annual turnover of your business. Categorically, they are:

• Basic Registration: For businesses with an annual turnover of Rs. 12 lakhs.
• State License: For businesses with an annual turnover of Rs. 12 lakhs to 20 crores.
• Central Licence: For businesses with an annual turnover above Rs. 20 crores.

The ‘registration’ under FSSAI is primarily limited to the first category, as the other two require licences. Before we proceed further, let us first understand what is the primary difference between these three categories are different from one another.

• A basic registration is for small businesses and there will be no issuance of a FSSAI Licence number, as the product is merely registered, as opposed to it being licensed.
• On the other hand, larger businesses need to get licensed and are given a 14-digit FSSAI Registration Number, that is printable on the back of the product.
• You would be permitted to sell your products throughout the country, irrespective of which category your business falls under.

How to register under FSSAI?

Registering under FSSAI is essentially an easy task. However, keeping in mind that there is a lot at stake, here are the steps to be taken, in order to successfully register your business under FSSAI:-

• Step One: Before you can register, you need to understand which category your business falls into (click here for the categories of businesses that require a basic license, for categories of businesses that require a state license click here , and click here for categories of businesses that require a Central License). This step is the most crucial one, as it determines the kind of license you need.
• Step Two: Registering under FSSAI would require you to have certain essential documents. Your category of registration/license would determine the kinds of documents you really need. Generally speaking, you will need the following documents:

Documents required for a Basic Registration:

• Latest Passport sized photograph of the applicant

• Identification proof (voter ID card or Aadhaar Card)

• PAN Card

• Address Proof- Telephone or Mobile Bill/ Electricity or Gas Bill)

• A Copy of Property papers (if owned)

• A Copy of Rent Agreement and Landlord’s NOC (if rented)

Documents required for a State/Central License:

• Application Form-B duly completed and signed (in duplicate) by the proprietor/partner or the authorized signatory.

• Blueprint or Layout Plan of the processing unit in complete dimension with an allocated area dedicated for operations activities.

• List of directors with their complete address and contact details

• Name and list of equipments and machinery along with the installed capacity (in case of manufacturing/processing units)

• Photo ID and address proof issued by the concerned government authority (Optional)

• List of food category to be manufactured (For manufacturers only)

• Authority letter with the name and letter of the responsible person nominated by the manufacturer along with the alternative responsible person

• Analysis report (Chemical and Bacteriological) of the water to be used as an ingredient in the food product, through a government recognised laboratory on food testing.

• Proof of possession of the premises (Could be a sale deed, rent agreement, electricity bill etc)

• Partnership Deed/affidavit/memorandum and articles of association conferring constitution of the firm.

• Copy of certificate obtained under the Co-operative acts (In case of co-operatives only)

• NOC from the manufacturer in case of re-labellers

• Food Safety Management System plan or certificate (If any)

• Source of milk or procurement plan for milk and milk products processing units (Including details of the milk collection centres)

• Details on the source of raw material for meat and meat processing plants.

• Pesticide residues report of water in case of manufacturer of packaged drinking water, mineral Water, carbonated water from a government recognised lab.

• Recall plan wherever applicable with details on whom the product is distributed (Optional)

• NOCs from Municipality or the local body and from the State Pollution Control Board except in case the unit is established in the notified industrial area for a particular food business (Optional)

• Step Three: The actual registration under FSSAI is a fairly simple process. To begin with, if you fall under the category of a basic registration, you need to fill Form A (see here), along with a self-declaration form (see here), that assures that you will conform to the food and safety guidelines, and submit it to the registration authority. On the other hand, if you belong to the second category, i.e., you would need a state/central license, you need to fill form B (see here).
• Step Four: Once you submit your registration, the apt authority would inspect your business and then approve it, if they feel that your business is in conformation with the required guidelines.
• Step Five: Once everything is done, the competent authorities would issue your registration certificate, or, the required license within a period of 60 days (two months).

What do I do if I receive no reply, or if my license is not received within 60 days?

Typically, if you should receive a reply or some form of feedback. However, in a case of no response or delay in the issuance of the license, please remember the following important points:

• Please remember that this section is applicable ONLY if you have attempted to register at a prior stage.
• If you do not receive any communication, you are permitted to start your business. If your license has been delayed, you may start without waiting for further communications. However, please remember that you might be subject to inspections.

Conclusion

Food security and safety are a major concern in every place in the world. Food, being an absolute necessity, should always be safe and fit for consumption. Any compromise in this can lead to dangerous consequences. FSSAI has made it compulsory for all food-related business to register, or get a license, as it hopes to prevent these casualties. It is always advisable to be on the right side of the law. So, if you have a passion for starting a food business, go ahead and live your dream. But remember to do it the right way, because wouldn’t you prefer being unstoppable and brilliant in your industry, as opposed to being penalised and losing everything you’ve ever dreamed of and worked for?  

References

1. http://foodsafetyhelpline.com/2014/05/what-is-the-procedure-for-obtaining-a-license-as-per-fssai-guidelines-is-there-a-separate-application-form-for-renewal-of-the-license/
2.  https://www.legalraasta.com/fssai-license/
3.  http://foodsafetyhelpline.com/2016/04/top-queries-on-fssai-food-licensing/
4. http://foodsafetyhelpline.com/2016/03/fssai-licensing-registration-queries-answered-foodsafetyhelpline/
5. http://foodsafetyhelpline.com/2014/01/what-is-the-procedure-for-registration-of-a-food-business-what-kind-of-documents-are-required/