Food Safety and Standard Authority of India

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Food Safety and Standard Authority of India

 

 

About The Author

CA. Gaurav Gupta

CS, MCom, BCom, NCFM(MF).

 

 


  • FSSAI Stands for “Food Safety and Standard Authority of India. FSSAI is an Independent organization under the Ministry of Health.
  • FSSAI Registration is mandatory for every individuals or entity that is eligible for an FSSAI food safety Registration or License.
  • For Ex. Gol gappa stall, fruits/vegetables vendors, snacks stall, Tea Stall, Samosa, Bread pakoda, retail shops, Temporary Food Stalls like Chinese food stall, South Indian Food etc.
  • Maintaining the food quality levels to ensure safety and providing satisfaction to every consumer is the aim of every Food Business Operator.
  • The food safety and standards authority of India (FSSAI Registration) plays an important role in formulating the controlling procedures.

 

A). FSSAI Registration and License

FSSAI Registration:-

  1. Central License (Large Food Business)
  2. State License (Medium Food Business)
  3. Registration (Petty Food Business)

FSSAI yields three types of license based on the essence of the food business and turnover:

  • Registration: For Turnover less than Rs 12 Lakh
  • State License: For Turnover between Rs. 12 Lakh to Rs 20 Crore
  • Central License: For Turnover above Rs 20 Crore Other models like the situation     of the business, the number of retail stores etc. is required while evaluating thenature of license applicability.

 

Basic Registration :-

A Petty food business that has an annual turnover of not more than Rs.12 Lakhs or falls under the following criteria;

Eligible individuals/entity to obtain FSSAI Registration

  • Food Capacity (Milk & Milk products, Meat & Meat products are not allowed)—Less than 100kgs/liter per day
  • Milk—500ltr per day or up to 2.5 MT per annum
  • Milk Solids—2.5 Metric tone(MT) per annum
  • Vegetable Oil or Process—Production up to 100kgs/ liter per day or Turnover up to 12 lakhs
  • Slaughtering capacity—up to 2 Large Animal, 10 Small animals, 50 poultry birds per day
  • Food Units other than above—100ltr/kg per day or Turnover upto 12 lakhs
  • Wholesalers/Retailers/Distributors/Suppliers/Dhaba\Owners/Club/Canteen/Hotel/Restaurant/Transporters/ Cold Storage—Turnover up to 12 lakh per annum

 

State License :-

FSSAI State License is applicable for Food businesses whose turnover is more than 12 lakhs but below 20 crore annually or falls under the followings criteria;

FSSAI State License :-

  • Turnover more than 12 lakhs but up to 20 crore
  • Manufacturing units having capacity up to 2 MT per day or Turnover above 12 lakhs
  • Dairy units handling up to 5000 ltr per day
  • 3 star and above Hotels
  • Re-packers, Relabeling, club, canteens, all catering business irrespective of their Turnover
  • Slaughtering Units – up to 50 Large animals, 50 small animals, 1000 poultry birds per day
  • Vegetable oil processing units and units producing vegetable oil by process of solvent extraction and refineries including oil expeller unit- Up to 2 MT per day and Turnover above 12 lakhs per annum.
  • Meat Processing Units- Up to 150 MT per annum

 

Central License :-

  • Turnover more than 20 crore
  • All food processing/ Manufacturing units units including re-labelers and re-packers having capacity up to 2 MT per day
  • Dairy units handling up to 50000 liter per day or more than 2500 MT of milk solid per annum
  • Vegetable oil processing units and units producing vegetable oil by process of solvent extraction and refineries including oil expeller unit- More than 2 MT per day
  • Meat Processing units-  150 MT per annum
  • Slaughtering Units – more than 50 Large animals, 150 small animals, 1000 poultry birds per day

 

    B). Procedure for Obtaining FSSAI Registration

  1. FSSAI registration is initiated by submitting Form A/ Form B (application) to
    the Food and Safety Department
  2. This application can be accepted or it may be rejected by the Department within 7 days from the date of receipt of an application and the rejection has to be intimated to the applicant in writing
  3. If the application is accepted, then the department will grant a registration certificate with the registration number and the photo of the applicant.

FBO should prominently display the certificate of registration at the place of business during the business hours

This application can be accepted or it may be rejected by the department within 7 days from the date of receipt of an application and the rejection has to be intimated to the applicant in writing.

After successful registration, a 14- digit registration or license number is given. This number is printed on all the food packages. This 14 digit registration number gives details about the assembling state, producer’s permit.

 

C). Important Documents

The common documents required for Basic, State and Central Registration are a passport photo and a photo ID proof.

For State and Central license, the following additional documents will be needed :

  •  A completed and signed Form B
  • Address proof
  • List of food category and products
  • Layout plan of the proposed location
  • List of equipment
  • NOC from municipality
  • Incorporation certificate
  • List of directors/partners
  • MOA and AOA
  • Water test report
  • Import Export Code

Documents required For Obtaining the State License:

  • Form B duly completed and signed
  • 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
  • List of food category to be manufactured
  • 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
  • Proof of possession of premises
  • Partnership deed/ affidavit of proprietorship
  • NOC and copy of License from the manufacturer
  • Copy of certificate obtained under Coop Act 1861/Multistate Coop Act 2002
  • Food safety management system plan or certificate

  Documents Required For Obtaining the Central License:

  • Form B duly completed and signed
  • 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
  • List of food category to be manufactured
  • 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
  • Source of raw material for milk, meat etc.
  • Recall plan wherever applicable
  • Ministry of Commerce Certificate for 100% EOU
  • NOC/PA document issued by FSSAI
  • IEC code document issued by DGFT
  • Form IX
  • Certificate from Ministry of Tourism
  • Proof of possession of premises
  • Partnership deed/ affidavit of proprietorship
  • NOC and copy of License from the manufacturer
  • Food safety management system plan or certificate
  • NOC from the municipality or local body
  • Supporting document for proof of turnover and transportation
  • Declaration form

 

D). All about FSSAI Annual Returns

The Food Safety and Standard Authority of India (FSSAI) provides for securing a food license as one of the most essential measures for inaugurating a food industry. After receiving a food/FSSAI license, a business can be inaugurated unobstructed and without any legitimate complexity.

But having an FSSAI license is not adequate.

As per the FSS (Licensing and Registration) Regulations, 2011, it is correspondingly significant to comply with FSSAI compliances that includes filing of Annual returns.

All the food business operators (FBOs) who hold a food license and have an annual turnover of Rs. 12 lakh should deposit the annual return imperatively and within the scheduled period.

If anybody slips to deposit the returns within the designated term, he may have to endure austere penalties.

Obligatory FSSAI Annual Returns

Food Businesses consist of filing two kinds of returns every year. They are as follows:

  1. FSSAI Form D1 – To be filed by Every food manufacturer, importer etc. by 31st May and
  2. FSSAI Form D2 (half-yearly return) – To be filed by Manufacturer of milk/milk products by 30th September/30th March
FSSAI Form D1

All the food manufacturers, importers, labelers, re-labelers, packers, and re-packers, etc. need to file FSSAI Form D1 mandatorily, either online or in physical form as designated by the Food Safety Commissioner.

Furthermore, this is mandatory irrespective of whatsoever is the generation of the FBO in the preceding year.

The FSSAI annual return, Form D1 should be deposited on or before 31st May of each financial year to the Licensing Authority depending on the     kinds of food products sold by the FBO in the prior financial year.

FSSAI Form D2

The Form D2 is a half-yearly return and isn’t for each food business operator. Alternatively, this needs to be deposited by each FSSAI license holder who is connected in the business of manufacturing or importing milk and/or milk products.

FSSAI annual return, Form D2 must be deposited on a half-yearly basis. The term for filing this return is from 1st April to 30th September and from 1st October to 31st March of each financial year.

Reminder: A separate return shall be filed for every license issued under the Regulations, irrespective of whether the same Food Business Operator holds more than one license.


Material details for filing of the Annual Returns?

Every FBO must provide the following data in the form while depositing

FSSAI annual returns:

 

  • Name details of the food products which are manufactured or handled or sold or imported or exported.
  • Countries or ports details from where the products are exported.
  • Size of the bottle or can or any other package or bulk package.
  • Quantity in Metric Tons.
  • The value
  • The selling price per Kilogram or unit of packaging.
  • Quantity of imported or exported (in Kg)
  • Rate per unit or Kilogram of packaging C.I.F/F.O.B.(Free on Board)Â

 

Entities exempted from FSSAI Annual Return
  • Restaurants
  • Fast food joints
  • Canteens
  • Grocery stores

 

Penalty for delaying the filing of annual returns:

As per Section 2.1.13 (3) of, FSSAI, 2011, any delay in filing a return beyond

31st May of each year shall attract a penalty of Rs. 100 per day of the delay.

 

E).Consequences of Non-Compliance:-

Any registered or licensed person under the FSSAI has to adhere to the rules and regulation under the FSS Act, 2006. The Food safety officer generally inspects the food business operator’s facility and identifies the level of compliance with the regulation using a checklist. Based on the compliance level, the food safety officer marks it as:

  1. Compliance (C)
  2. Non-compliance (NC)
  3. Partial compliance (PC)
  4. Not applicable/Not observed (NA)

Based on the above, the food safety officer might issue an improvement notice where ever required per Section 32 of the FSS Act, 2006. If the business operator fails to comply with the improvement notice, the officer after allowing the licensee an opportunity to show cause may cancel his license. Any food business operator aggrieved by an improvement notice can appeal to the State Commissioner of Food Safety. The decision thereon can be challenged through appealing to the Food Safety Appellate Tribunal/High Court.

Penalty for Non- Compliance

Listed is the penalty for various type of non-compliance:

  1. Food quality not in compliance with the Act:-  2 Lakh  (For Petty manufacturer –  25000/-)
  2. Sub-standard food :- 5 lakh
  3. Misbranded food :– 3 Lakh
  4. Misleading advertisement or false description:- 10 Lakh
  5. Extraneous matter in Food:- 1 Lakh
  6. Failure to comply Food safety Inspector Direction:- 2 Lakh
  7. Unhygienic processing or Manufacturing:- 1 Lakh

Disclaimer: The entire contents of this document have been prepared based

on relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided, I assume no responsibility, therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not professional advice and is subject to change without notice. I assume no responsibility for the consequences of the use of such information.

IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,

SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT

OF OR IN CONNECTION WITH THE USE OF THE INFORMATION

 


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