PROCESS FOR OBTAINING A LICENSE/ GETTING REGISTERED UNDER THE FOOD SAFETY AND STANDARDS ACT, 2006
(“FSSA” ), RULES AND REGULATIONS
All Food Business Operators (“FBOs”) in India as per Section – 3 (O) of the FSSA are persons who own or conduct a business and hence need to comply with the FSSA.
Clause 2.1 of The Food Safety and Standards (Licensing and Registration of Food Businesses), Regulations 2011(‘Regulations’), states that all FBOs in India will be registered or licensed in accordance with the following procedures.
REGISTRATION
Clause 2.1.1 of the Regulations discusses the Registration of Petty Food Businesses. As per definition of Petty Food Manufacturer (“PFM”) in Clause 1.2.1:4 of the Regulations, if the annual turnover of the PFM does not exceed
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Rs. 12 Lakhs or production capacity of food (other than milk and milk products and meat and meat products) does not exceed 100 kg/ litres per day;
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Procurement or handling and collection of milk is up to 500 litres of milk per day or slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or less; then the PFM has to get registered with the Registering Authority.
The proviso given in this clause states that registration shall not be refused without giving the applicant an opportunity of being heard and for reasons to be recorded in writing.
EXEMPTION
Clause 1.2.1:4 of the Regulations exempts a producer of milk who is a registered member of a dairy Co-operative Society registered under Co-operative Societies Act and supplies or sells the entire milk to the Society.
LICENSING
Clause 2.1.2 of the Regulations deals with licensing for food businesses.
Sub-clause (1) of Clause 2.1.2 states that subject to Regulation 2.1.1, no person shall commence any food business unless he possesses a valid license.
Documentation
Documents required for a license from the State/ Central Licensing Authority are as under:
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Form-B duly completed and signed (in duplicate) by the proprietor/ partner or the authorized signatory.
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Blueprint/ layout plan of the processing unit showing the dimensions in meters/ square meters and operation-wise area allocation.
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List of Directors with full address and contact details.
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Name and List of Equipment and Machinery along with the number, installed capacity and horse power used.
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Photo I.D. and address proof issued by Government authority of Proprietor/ Partner/ Director(s)/ Authorized Signatory.
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List of food category desired to be manufactured (in case of manufacturers).
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Authority letter with name and address of responsible person nominated by the manufacturer along with alternative responsible person indicating the powers vested with them viz. assisting the officers in inspections, collection of samples, packing & dispatch.
- Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability indicating the name of authorized representative of Lab who collected the sample and date of collecting sample.
- Proof of possession of premises (Sale deed/ Rent agreement/ Electricity bill, etc.).
- Partnership Deed/ Affidavit/ Memorandum & Articles of Association towards the constitution of the firm.
- Copy of certificate obtained under Coop Act - 1861/ Multi State Co-operative Society Act - 2002 in case of Co-operatives.
- NOC from manufacturer in case of Re-labelers.
- Food Safety Management System plan or certificate if any.
- Source of milk or procurement plan for milk including location of milk collection centers etc. in case of Milk and Milk Products processing units.
- Source of raw material for meat and meat processing plants.
- Pesticide residues report of water to be used as ingredient in case of units manufacturing packaged drinking water, packaged Mineral water and/ or carbonated water from a recognized/ public health laboratory indicating the name of authorized representative of Lab who collected the sample and date of collecting sample, including source of raw water and treatment plan.
- Recall plan wherever applicable, with details where the product is distributed.
- NOCs from Municipality or local body and from State Pollution Control Board except in case of notified industrial properties.
Prashant Parihar
