Ensures FSSAI- Learn it with CA Firm in Udaipur

Food Business in India must comply with FSSAI Standards. Discover how CA firm in Udaipur or GST Registration consultants in Udaipur  can assist with licensing, registration, GST and other services to achieve FSSAI Compliance

About the FSSAI

FSSAI, stands for Food Safety and Standards Authority of India. This authority ensures that all those who are in the food business, including those involved in manufacturing, processing, storage, distribution, sale, and import of food, follow certain set standards and guidelines that are scientifically based, which ensures that food product is hygienic, has met the quality standards and can be safely consumed by humans

Authority

FSSAI stands for Food Safety and Standards Authority of India. It is an organisation that monitors and governs the entire food business in India. It is an autonomous body that is established under the Ministry of Health and Family Welfare, Government of India. It is responsible for the registering and licensing of the FBOs in India and it lays down the rules and regulations for running the food business in India.   

ACT and Rules

The Food Safety and Standards Act, 2006 (Act No. 34 of 2006) received the assent of the President of India on 23rd August 2006 and thereafter published in the Gazette of India (Extraordinary) Part I, Section 1 dated 24th August, 2006.

The FSSAI licensing and registration procedure and requirements are regulated by the Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011.

The FSSAI has been established under the Food Safety and Standards Act, 2006 (FSS Act) which is a consolidating statute related to food safety and regulation in India.

FSSAI Registration and Licence

As per Section 31(1) Food Safety and Standards Act, 2006, every Food Business Operator in the country must be licensed under the Food Safety & Standards Authority of India (FSSAI)

The FSSAI further has two kinds of approval procedures:-

  1. Registration:

A registration is usually for all those involved in petty food businesses and   whose turnover is less than Rs. 12 LAcs Per Annum. Such type of businessman should fill the fill the form A and get registration.

Eligibility of Petty food business operators for Registration

  1. Those who manufacture or sell food items either themselves or via a retailer, hawker, itinerant vendor or a temporary stall owner.
  2. Those who distribute food, which also includes, in any religious or social gathering except a caterer.
  3. Other food businesses including small scale or cottage industry or such other industries relating to food business or tiny food businesses with an annual turnover not exceeding Rs 12 lakhs and those whose:
  4. Wholesalers, retailers, distributors, and suppliers having an annual turnover of up to Rs 12 lakhs.
  • Dhaba owners and other food vending establishments along with clubs and canteens having up to Rs 12 lakhs turnover per annum.
  •  Hotels and Restaurants with a turnover of up to Rs 12 lakhs per annum.
  • All food processing units including repackers with a capacity of up to 100 Ltr /Kg per day.
  • Production capacity of food, other than milk and milk products and meat and meat products, does not exceed 100 kg/ltr per day.
  • Procurement or handling and collection of milk are up to 500 litres of milk per day or up to 2.5 metric ton (MT) of milk solids per annum.
  • Vegetable oil processing units, including units that are producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit with a turnover of up to 100 kg or ltr per day.
  •  Meat processing units with a production of more than 100 kgs per day or 30 MT per day.
  •  Slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or less.
  •  Cold storage including the Storage Excluding Controlled Atmosphere+ Cold as well as cold and refrigerated storage and cold storage which is temperature controlled, each having a turnover of up to Rs 12 lakhs per annum.
  •  Transporters with an annual turnover of up to Rs 12 lakhs
  • Licence:-  

A license is for all others who are in the food business but do not classify as a petty food business and thus, do not fit in the criteria for a registration.  In this category there are two types of Registration i.e.  State FSSAI Licence and the Central FSSAI License.

A. FSSAI State License –

FBOs having a turnover of more than Rs.12 lakh p.a and less than Rs.20 core p.a must obtain the FSSAI state license. The FSSAI registration form that the applicant has to fill to obtain an FSSAI state license is Form B.

Eligibility for applying a State FSSAI Licence

  1. Retailers, distributors, suppliers as well as caterers with a turnover of up to 20 crores per annum.
  2. Dhaba owners or owners of other food vending establishments as well as clubs and canteens that have an annual turnover of 12 lakhs.
  3. Restaurants that have a turnover of up to Rs 20 crores.
  4. Hotels that have a minimum of 3 star rating and below 5 stars.
  5. Marketers that have a turn over annually of 20 crores.
  6. Dairy units, including milk chilling units that are equipped to handle or process milk from 501 litres per day (LPD) to 50,000 LPD or 2.5 million tons (MT) to 2,500 MT of milk solids per annum.
  7. Vegetable oil processing units and also units that vegetable oil by the process of solvent extraction and refineries, which include oil expeller unit that produces up to 2 MT per day or have an annual turnover of Rs 12 lakh and above.
  8. Slaughtering units that a have a capacity in case of large animals of more than 2 and up to 50; for small animals capacity more than 10 and up to 150 and for poultry birds capacity more than 50 and up to 1000 per day.
  9.  Meat processing units that have a capacity of upto 500 kg of meat per day or of 150 MT per annum.
  10. All food processing units which even includes relabellers and repackers that have a capacity of more than 100 kg per ltr and up to 2 MT per day and includes all grains, pulses and cereals milling units.
  11. Storage businesses excluding that which have controlled atmosphere and cold, that have a capacity of up to 50,000 MT. For storages that are cold and refrigerated, the eligibility criteria is a capacity of more than 10,000 MT and for storages that have cold and controlled atmosphere too, the eligibility capacity is more than 10,000 MT.
  12.  Wholesalers that have an annual turnover of up to 30 crores.
  13. Transporters that have a minimum of 100 vehicles or wagons, or an annual turnover of up to 30 crores.
  • FSSAI Central License –

FBOs having a turnover of more than Rs.20 crore Per Annam must obtain the FSSAI central license. The FSSAI registration form that the applicant has to fill to obtain FSSAI central license is Form B.

Eligibility for Applying for an FSSAI Central Licence

A licence is for food business operators that do not classify as petty food businesses. Often the amount of business the FBOs do, in terms of income and their yearly production capacity often makes them eligible for a licence.

Criteria for FSSAI Central Licence

  1. All manufacturers of proprietary foods
  2. All importers who are importing food items including food ingredients and additives for commercial use.
  3. All 100% Export oriented units.
  4. Wholesalers having a turnover of more than.30 crores per annum.
  5. Retailers, distributors, suppliers and caterers having an annual turnover of more than Rs.20 crores.
  6. Hotels that have a five-star rating and above.
  7. Restaurants having a turnover of more than Rs.20 crores per annum.
  8. Food catering services in establishments and units under Central Government Agencies like Defence, etc.
  9. Food catering services at seaport located at Kandla, Tuticorin, Vishakhapatnam, Kolkata, Marmagoa, Cochin, Mumbai, Chennai, JNPT and/or airport located at Kolkata, Trichy, Mumbai, Delhi, Chennai, Amritsar, Cochin, Bengaluru, Hyderabad, Trivandrum and Ahmedabad.
  10. Dairy units including milk chilling units that are equipped to handle or process more than 50,000 litres of liquid milk per day or 2500 MT of milk solid per annum.
  11.  Slaughtering units which handle more than 50 large animals or 150 small animals or more than 1000 poultry birds per day.
  12. Meat processing units that are processing more than 500 kg of meat per day or 150 MT per annum.
  13. All food processing units including re-labellers and repackers that are processing more than 2 MT per day except grains, cereals and pulses milling units.
  14. Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller units that have a capacity of processing more than 2 MT per day.
  15. Storage units other than those having controlled atmosphere and cold environment having capacity of more than 50,000 MT. Cold or refrigerated storage units having a capacity of more than 10,000 MT and controlled atmosphere + cold storage have a capacity of more than 1,000 MT.
  16. Transporters having more than 100 vehicles or turnover of more than Rs.30 crores per annum.
  17. Marketers having turnover of more than Rs.20 crores per annum.
  18. Storage or Wholesalers or Retailers or Distributors having premises in Central Government Agencies.

FSSAI Registration or License Cost:-

Sr. No.Types of Registration or LicenceFees
Fssai Registration (for petty food businesses )  Rs.100
 FSSAI State License ((Depends on the type of business carried out)Fee between Rs.2,000 to Rs.5,000
FSSAI Central LicenseFee of Rs.7,500

Penalties under the FSSAI:-

  1. Operating a business without licence: –

Any person, who operates business either directly or indirectly without proper FSSAI Licence, shall be fined up to Rs. 5.00 Lacs and imprisonment for a term up to 6 months.

  • Further there are also several types of penalty, major of them, are as under:-  
  • Rs. 5 Lacs for Selling or manufacturing Sub Standard Food
  • Rs. 3. Lacs for Misbranding of Food Product 
  • Rs. 10 Lacs for misleading information or advertisement about the quality or results
  • Rs. 1 Lacs Unnecessary ingredients in the food except permitted
  • Rs. 2. Lacs in case of failing to comply with the  Food safety regulation and directions of food safety officer
  • Rs. 2.00 Lacs for any contravention of provisions.
  • Rs. 2.00 Lacs penalty and 3 months jail in case of circulating of false information.

Documents Required For Obtaining the FSSAI Registration/License:-

  1. For FSSAI basic registration
Sr No.Types of Documents Required
 Photo identity proof of the food business operators.
 Business constitution certificate, i.e. partnership deed, certificate of incorporation, shop and establishment licence or other business registration certificate
 Proof of possession of business premises, i.e. rental agreement, NOC from the owner of the rented premises, utility bills etc
 Food safety management system plan.
 List of food products manufactured or processed
 Bank account information
 Supporting documents (if required) like NOC by Municipality or Panchayat, Health NOC, copy of License from the manufacturer, etc
  • For  Obtaining FSSAI State Licence
Sr No.Types of Documents Required
 Form B duly completed and signed
 Business constitution certificate, i.e. partnership deed, certificate of incorporation, shop and establishment licence or other business registration certificate
 Proof of possession of business premises, i.e. rental agreement, NOC from the owner of the rented premises, utility bills etc
 List of food products manufactured or processed
 Bank account information
 Supporting documents (if required) like NOC by Municipality or Panchayat, Health NOC, copy of License from the manufacturer, etc
 Plan of the processing unit showing the dimensions and operation-wise area allocation  
 List of Directors/ Partners/ Proprietor with address, contact details, and photo ID
 Name and list of equipment and machinery used with the number and installed capacity
 Authority letter from manufacturer nominated a responsible person name and address
 Analysis report of water to be used in the process to confirm the portability
 Copy of certificate obtained under Coop Act 1861/Multi-State Coop Act 2002
  • For  FSSAI Central Licence :-  In addition to the above documents, the following are the additional documents required to  obtain FSSAI central license:
S.N.Types of Documents Required
 Recall plan wherever applicable
 Ministry of Commerce Certificate for 100% EOU
 NOC/PA document issued by FSSAI
 IE code document issued by DGFT
 Form IX
 Certificate from Ministry of Tourism
 Supporting document for proof of turnover and transportation
 Declaration form
  1.  

 Procedure for Obtaining FSSAI Registration Online:-

1.FBOs can obtain FSSAI registration online by filling and submitting the FSSAI registration form, i.e. Form A (application for Registration) or Form B (application for State and Central License) on the FOSCOS portal. The FBOs can also register offline by submitting Form A or Form B to the Food and Safety Department.
2.The FSSAI registration form must be accompanied by the required documents. The documents must be uploaded online on the FOSCOS portal at the time of filling the application or submitted to the Food and Safety Department along with the application physically.
3.The FSSAI registration form can be accepted or it may be rejected by the Department within 7 days from the date of receipt of an application either physically or online through the FOSCOS portal. If the application is rejected it has to be intimated to the applicant in writing.
4.The Department will scrutinise the documents submitted.
5.The Department may conduct an inspection of the food premises, before granting the FSSAI registration certificate, if necessary.
6.If the Department is satisfied that the FBO meets all the required criteria, then it will grant an FSSAI registration certificate with the registration number and the photo of the applicant email ID. The applicant can also download the FSSAI registration certificate by logging into the FOSCOS portal.
7.FBO should prominently display the certificate of FSSAI registration at the place of business during business hours.

This post explores how Business consultants in Udaipur and Gst Registration in Udaipur professional can assist food business with licensing, compliance and more. FSSAI.

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