Top Questions you must get clarified before doing FSSAI Registration/ License

Top 50 Questions you must get clarified before doing FSSAI Registration/ License

Do you want to start a food industry business? It may be a catering (or) home kitchen (or) hotels (or) supermarket (or) bakery (or) ice cream (or) juice shop (or) milk company (or) organic stores, etc., one is compulsory for FSSAI Registration/License. When you seek your company FSSAI registration, there are a lot of questions that will emerge in your head, such as whether basic FSSAI registration is enough or we need to go for a license, etc. The following are top 50 frequently asked questions answered by Chennai Accounts that will allow you to get clarification on FSSAI registration, State and Central Licenses.

1. WHAT IS THE FULL FORM OF FSSAI?

‘Food Safety and Standards Authority of India’ is the full form of FSSAI.

2. WHAT IS FLRS?

FSSAI has introduced an online application that is named as ‘Food Licensing and Registration System’ or FLRS. It verifies the eligibility of food-related businesses based on their business premises and the kind of procedure recognized with the business person. FLRS is introduced for the food business entities to apply online for the FSSAI license.

3. WHAT IS FoSCoS?

‘Food Safety Compliance System’ (FoSCoS) is built using the latest technology with a vision to have modern on stop Pan-India IT platform for food safety regulatory needs, its launched by FSSAI. FoSCoS shall also be integrated with other platforms of Government of India such as GST, PAN, MCA etc. further ease out the processes for businesses and also ensure 360-degree profiling of businesses.

4. WHAT ARE THE TYPES OF FoSCoS   FOOD LICENSES?

Based on the annual turnover of the food business, the types of FoSCoS Food licenses are:

• Basic FSSAI Registration – Annual turnover of less than Rs. 12 Lakhs
• State FSSAI License – Annual turnover between 12 Lakhs – Rs. 20 Crores
• Central FSSAI License – Annual turnover of more than Rs. 20 Crores

5. HOW MUCH IS THE PROFESSIONAL FEE FOR FSSAI REGISTRATION / LICENSING?

The FoSCoS Food Registration cost depends on the category and the duration of the Food License (1-5 years) you are opting for:

• Basic FSSAI Registration – 1,500 for 1 year (Inclusive of Government Fee)
• State FSSAI Registration – 2,000 for 1 year Excluding Government Fees
• Central FSSAI Registration – 2,500 for 1 year Excluding Government Fees

6. WHAT IS THE GOVERNMENT FEE STRUCTURE FOR CENTRAL/STATE LICENSE AND REGISTRATION CERTIFICATE?

7. WHAT ARE THE DOCUMENTS REQUIRED FOR FoSCoS LICENSE BASIC REGISTRATION?

• • Applicant Photo
  • Any Govt. Identity like Aadhaar Card, Ration Card, Voter ID Card, PAN Card, Driving License with Self attested.
  • Address Proof of Business – Rental Agreement, EB Card

8. WHAT ARE THE DOCUMENTS REQUIRED FOR FoSCoS STATE LICENSE?

• Form B duly filled and signed
• Proper documentation of area allocation for the activities to be carried on – where the food will be prepared, stored, served, garbage disposal, etc.
• List of directors/partners/proprietors with address proof, contact details and photo identity of each
• Name and the 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
• The 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 the Coop Act 1861/Multistate Coop Act 2002
• Food safety management system plan or certificate

9. WHAT ARE THE DOCUMENTS REQUIRED FOR FoSCoS 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
• The 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
• IE 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

10. WHAT IS THE PROCEDURE FOR GETTING FSSAI REGISTERED?

The procedures for FSSAI Registration are as follows:

1. Depending on the size of the food business, fill Form A or Form B.
2. The intimation from the department of Food and security shall be communicated to the applicant within seven working days – whether the application is accepted or rejected or has certain issues.
3. If rejected, get back to step one, and if accepted proceed with step three. The department may come for an inspection and clarify if there is any doubt, and grant a certificate of registration along with the number and photo of the applicant.
4. Frame the certificate the way you like it, and find a good place to display to the public.

11. WHAT IS THE VALIDITY PERIOD FOR THE FSSAI FoSCoS LICENSE?

The FSSAI FoSCoS License is valid for the period from 1 to 5 years. Hereafter, the particular FBO needs to apply for FSSAI License renewal.

12. WHAT IS DIFFERENCE BETWEEN FSSAI REGISTRATION AND FSSAI LICENSE?

FSSAI registration is a basic registration applicable for food business operator having less than 12 lakhs of turnover per year once the turnover of Rs.12,00,000 is crossed they need to apply for a food safety state license or central license as the case may be.

For export and import, it is compulsory to apply for central license irrespective of turnover. FSSAI registration is mostly suitable for small hotels, restaurants who need to be displayed on their premises.

13. WHY REGISTER UNDER FSSAI AND GET A FoSCoS LICENSE?

The FSSAI Registration is the legal process for all Food Business Operators (FBOs) in India to apply for getting the certificate that the available sold food is safe for human consumption.

14. WHAT ARE THE BENEFITS OF GETTING FSSAI REGISTRATION/ LICENSE?

• There is a high degree of consumer confidence in the safety & quality of food.
• It helps to promote innovation in foods products
• It also prevents in the removal of multiple regulations.
• It facilitates trade without compromising consumer safety & a larger share.

15. DO I NEED TO MENTION MY FSSAI NUMBER ON PACKAGES?

Yes, mentioning the FSSAI number in packages is compulsory in contrast with the background colour used in the label as per food safety act regulations. It is a one-way indication to a consumer regarding the food is safe for human consumption. And FSSAI registered food business operators had to comply with some of the rules and responsibilities relating to an operation of food business subject to which license is issued.

16. HOW TO CHECK MY FSSAI FoSCoS LICENSE RENEWAL STATUS?

FSSAI license renewal can be done for 1-5 years and it is necessary for every food business in India. You can contact our FSSAI Registration Consultants and get to know your FSSAI license renewal status by them. The FSSAI license can be renewed on the portal itself by filling the form C.

17. DO I NEED TO ISSUE A DIFFERENT FoSCoS LICENSE FOR THE DIFFERENT STATES?

Yes, you have to take a Central FSSAI license for the main branch or head office and the State FSSAI licenses for any specific state. To assure a stable food business operation across the various states of the country,

18. IS IT MANDATORY FOR 100% EXPORT UNITS TO GET FSSAI LICENSE?

Yes, FSSAI license is mandatory for both export and import of food products. You will need to apply for the FSSAI Central License for your export unit.

19. I AM IMPORTING FOOD ITEMS FOR SELLING IN INDIA EVEN THEN IT REQUIRES A FoSCoS  FOOD LICENSE?

Yes, you will be needed to get a Central License for the specific address that is notified in the Import Export Code (IEC). For any import-export related business operation, FSSAI Central License is necessary.

20. WE MANUFACTURE ONLY FOOD ADDITIVES. DO I NEED A LICENSE FROM FSSAI?

Yes, FSSAI license is required for any type of food activities including manufacturing, trading, distribution and transportation. Therefore, you shall need a license from FSSAI.

21. HOW CAN I TRANSFER MY FSSAI LICENSE TO SOMEONE ELSE?

In case of the death of the FSSAI License holder, the FSSA License can be shifted to the legal representative or any family member of the dead holder. The legal representative or the family member needs to apply to the concerned Authority to shift the license in his/her name.

22. I HAVE THE PLAN TO SELL HOMEMADE FOOD ITEMS ONLINE ON A SMALL SCALE, DO I NEED TO GET A FSSAI ENABLED FoSCoS LICENSE?

Yes. You require having an FSSAI registration to sale homemade stuff on an online platform particularly if your business is on a small scale, and the annual turnover is among 0-12 Lakhs.

23. WHAT HAPPENS IF I FORGET TO RENEW MY FOOD LICENSE?

In case of forgetting to make a renewal of a food license, you have to pay a penalty of  Rs. 100 per day within the specified validity time. Following that, your existing food license can be cancelled and you need to apply for a fresh license.

24. I HAVE THE PLAN TO START A FOOD IMPORT-EXPORT BUSINESS. DO I NEED AN FoSCoS LICENSE?

Yes. But you must obtain your Import Export Code (IEC) first. Subsequently, apply for the FSSAI Central License before starting the business operations.

25. HOW CAN I MAKE CHANGES TO MY EXISTING FSSAI CERTIFICATE?

In case you want to edit/modify/update the information contained in the existing FSSAI Certificate, you will need to apply for a modification with a fee equivalent to a license fee for one-year.          To get free legal guidance on the related matters, connect with an FSSAI consultant.

26. IS THE FoSCoS LICENSE NEEDED FOR A CATERING BUSINESS AUTHORIZED BY THE CENTRAL GOVERNMENT?

It is mandatory for all catering establishments in India. Even the Indian Railways, Defense units, and Airports require this license as well.

27. DO I NEED TO APPLY FSSAI REGISTRATION FOR EACH OF MY FOOD PROCESSING LOCATION?

Yes, food safety license is location-specific you need to apply separate license for each location even if it is in the same business name. And each location documents for each location should be submitted separately and fees should be paid separately for each food safety registration application.

28. WHAT WILL BE THE LICENSE FORMALITY IF WAREHOUSES ARE IN MORE THAN ONE PLACE BUT WITHIN THE SAME LOCALITY (SAME MUNICIPALITY AND SAME CITY)?

Even if the warehouses are located in the same city but different location then a separate license for each location is required. However, if multiple warehouses are on the same campus, a single license is applicable with campus address.

29. WHAT ARE THE CONSEQUENCES OF NON REGISTRATION WITH FSSAI?

Operating food business without FSSAI registration is punishable with imprisonment of up to six months and also with a fine of not more than five lakh rupees.

30. WHAT ARE THE PENALTIES FOR NON-COMPLIANCE?

• In case an FBO has failed to comply with the guidelines, it is penalized based on the following conditions:
• If the FBO is carrying on the operation without even applying to FSSAI, then the penalty can be up to Rs. 5 lakhs.
• If any substandard quality of food is served, then the penalty can be up to 5 lakhs
• If the food product contains any flawed ingredients or extra ingredients which are not mentioned, then the fine can be up to Rs. 1 lakh.

Based on this, a notice of improvement may be sent to the FBO which mentions the changes to be made for the purpose of compliance. For making this change, a time limit is also specified in this notice. If the FBO fails to comply with the changes within this time, a show-cause notice may be sent to appear before the Commissioner for Food Safety of that state and explain the reason behind such failure.

31. WHEN DOES A NOTICE FOR IMPROVEMENT IS ISSUED?

Any business obtained FSSAI license has to update itself to comply with the rules introduced and updated by the FSSAI, time to time. The Authority also conducts an inspection, both previously noticed as well as sudden.

At the time of inspection, the level of compliance is reported based on the following list:

• Compliance
• Partial Compliance
• Non-Compliance
• Not Applicable

Based on this, a notice of improvement may be sent to the FBO which mentions the changes to be made for the purpose of compliance. For making this change, a time limit is also specified in this notice. If the FBO fails to comply with the changes within this time, a show-cause notice may be sent to appear before the Commissioner for Food Safety of that state and explain the reason behind such failure.

32. WHAT IS FOOD RECALL?

Any food item which is sold/distributed or consumed, with the FSSAI license, but later on it caused any harm or found to be harmful for the consumers, then it can be removed from the market under the policy of food recall.

33. WHICH KIND OF BUSINESS SHOULD BE SELECTED?

If you are manufacturer, Repacker & Relabeller then select from these kinds of business according to your products

1. Dairy Unit including milk chilling units. (for milk industry)
2. Vegetable oil processing unit. (For edible oil, refined oil solvent extracted oil & edible Fat products producer)
3. Slaughtering Unit.
4. Meat processing Unit.
5. All food processing unit including relabeller & repacker. (for all food processing unit other than mention above)

For other business select appropriate business, which will be carried out at the premise for which license is being applied from the available list. It may be more than one kind of business.

34. WHICH LICENSE IS REQUIRED BY A FOOD BUSINESS OPERATOR TO RUN A FOOD BUSINESS IN MORE THAN TWO STATES?

Food Business Operator operating in more than two states has to get Central License for its registered Office/ Head Office and separate license/ Registration for each units depending upon the capacity/ turnover from the concerned State/ Central Licensing Authority.

35. WHO WILL ISSUE LICENSE TO FOOD BUSINESS OPERATORS UNDER RAILWAYS PREMISES?

FSSAI license/Registration for food premises under Railways are issued by the Railways Designated Officers/FSO notified by Food Authority from time to time.

36. WHO WILL ISSUE LICENSE TO FOOD BUSINESS OPERATORS UNDER AIRPORT/SEAPORT PREMISES?

FSSAI license for food premises in Airport/Seaport are issued by APHO/PHO notified by Food Authority from time to time through Online FLRS system.

37. IN WHAT CIRCUMSTANCES APPLICATION WILL BE REJECTED?

Licensing Officer can reject the application in the case when the required information is not provided within the stipulated time of 30 days

38. DO MEDICAL STORES NEED TO GET A LICENSE IF THEY ARE SELLING DIETARY FOODS AND NEUTRACEUTICALS?

All FBO including medical stores has to get FSSAI license/registration.

39. WHETHER NOC FROM FSSAI IS REQUIRED FOR EXPORT?

No NOC is required to be taken from the Food Safety and Standards Authority of India for exporting food products from India.

40. WHAT ARE THE REQUIREMENTS FOR LICENSE OF DIFFERENT KIND OF ACTIVITIES AT SAME PREMISE? 

FSSAI license is a premise-based license. Multiple kinds of activities carried out at the same premise can be endorsed in the single FSSAI license.

41. WHAT ARE THE TYPES OF COMPLAINTS/GRIEVANCE THAT CAN BE ADDRESSED TO THE FSSAI OR STATE AUTHORITIES?

• Complaint related violation of the provisions of Act and Regulation.
• Food Adulteration.
• Food poisoning
• Food contaminations
• Misleading labelling and packaging
• Misleading Advertisements
• Licensing and registration-related grievances.
• Counterfeit products
• Sub-standard quality of food products
• Unhygienic Conditions and malpractices by FBOs.
• Complaints against enforcement officers of States and Centre
• Queries/suggestions related to Ban of certain food Products (e.g. soft drinks, pan masala etc.).
• Unauthorized use of food ingredients.
• Miscellaneous like less weight of food products, offer on the particular products and the one related to other departments.

42. WHICH FOOD BUSINESS REQUIRES AN FSSAI LICENSE?

Every type of food business is required to hold FSSAI Registration or License (State/Central) as may be applicable. i.e. if you are into the following field

• Manufacturing of food/food articles
• Processing of food
• Distribution of food
• Sale / Re-sale of food
• Re-packing of food
• Import of food
• Export of food etc.

43. How do I add an additional place of business in an FSSAI license?

Any changes related to address, kind of business, the scale of production, products category or formulation etc. Food Business Operators or FBO’s requires to fill a modification application form to FSSAI (Food Safety and Standards Authority of India):

• Form C Modification: Implied on the modification and information printed.
• Non-Form C Modification: Implied on modification of supporting information and documents.

If the FBO holds a Central License it should also include its branch license during the modification or vice versa.

44. If I purchase a bag of pulses & repackage it under my own brand, then as per FSSAI, how do I mention manufacturer details as I am only packaging it?

You should go and apply under “Relabeller” Category as you would fit into. Manufacturing address has to be there to trace back its origin while when you relabel it under your own brand you would be standing as relabeller.

45. Can we print an FSSAI registration number on a label?

Yes, it’s mandatory to declare it on the label under regulation number 2.2.1.7 of the Food Safety and Standards (packaging and labelling) Amendment Regulation,2013

46. What will happen if we start a restaurant without an FSSAI license?

As per Section 63 of FSSAI Act, The violator shall be sentenced for a minimum of six months and a limit of 5,00,000.00 Rupees of Fine.

47. In order to get an FSSAI licence for home-based foods, is commercial address proof required?

You do not need a commercial address proof to get an FSSAI registration. You can provide your home address and get the registration.

48. Does an FSSAI registration (not license) require a physical inspection of the facility?

Yes! Physical inspection is a mandatory part of the process even when you’re applying for FSSAI Registration alone. However, the concerning authority may on their own discretion decides to make prior inspections before granting you a registration certificate.

49. Before getting an FSSAI license, do I need to get a GST license?

FSSAI license and GST registration both are independent things.

GST registration is required if you are in the food business with an annual threshold turnover of 40 lakhs / 20 lakhs in small states. But if your turnover is less than this, still you can apply for FSSAI license. But Registering under GST will get your business recognized among your client. It creates value for your Business.

50. How to apply for FSSAI Registration/ License?

You can contact FSSAI registration consultants to apply for basic registration/state or central license. They will guide you throughout the registration process.