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Regulatory & Compliance

FSSAI Licence

Registration and licensing of food business operators under the Food Safety and Standards Act 2006 and the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011.

Overview

About this area of practice

The Food Safety and Standards Authority of India (FSSAI) is the statutory authority constituted under the Food Safety and Standards Act 2006 for laying down standards for food articles and regulating their manufacture, storage, distribution, sale and import.

Every food business operator (FBO) is required to either register with or obtain a licence from the FSSAI, depending on the scale of operations. Three categories of authorisation exist: Basic FSSAI Registration (for petty FBOs with annual turnover up to Rs 12 lakh), State FSSAI Licence (for medium-scale FBOs with turnover above Rs 12 lakh and up to Rs 20 crore), and Central FSSAI Licence (for large FBOs with turnover above Rs 20 crore, importers, exporters, and operators across multiple states).

LexWiser advises FBOs on the appropriate category, prepares the documentation and files the application with the relevant FSSAI office.

Scope

Work typically involved

Engagements in this area generally involve some or all of the following work. The actual scope is set out in the engagement letter once the matter is understood.

01 Determining the applicable category of authorisation based on turnover, scale of operations, and the nature of food business activities.
02 Preparation of the supporting documentation including identity and address proof of proprietors or directors, premises documents, the proposed food product list, and a food safety management plan where required.
03 Filing the application in Form A (registration) or Form B (licence) through the FSSAI online portal, FoSCoS.
04 Liaising with the FSSAI officer through inspection (where applicable) and the issuance of the registration or licence.
05 Advising on labelling, packaging and ongoing compliance obligations under the FSS Act and the regulations made thereunder.
Approach

How an engagement proceeds

01

Categorisation

Assessment of the FBO's turnover, premises and activities to identify the applicable category (Basic, State or Central).

02

Documentation

Collection of constitutional documents, premises documents, product list, and any required declarations or layout plans.

03

Filing

Electronic filing of the application through FoSCoS, with the requisite government fees and supporting documents.

04

Inspection

For State and Central Licences, the FSSAI may conduct a physical inspection of the premises before granting the licence.

05

Issuance

On satisfaction of statutory requirements, the FSSAI issues the registration certificate or licence, valid for one to five years as elected.

Considerations

Points to consider

Choice of category

The category is determined by turnover, premises and activities. Filing in the wrong category leads to rejection or cancellation. Where the business is close to a threshold, the higher category is generally advisable.

Validity period

Registrations and licences may be granted for one to five years at the option of the FBO. Renewal must be sought at least thirty days before expiry.

Multiple premises

Each operating premises generally requires a separate licence. A central office of an organisation supplying through several outlets may, however, require a single Central Licence.

Labelling and packaging

The FSS Regulations prescribe detailed requirements for labelling and packaging of pre-packed food. Compliance is mandatory and is enforced through inspections and product seizures.

Frequently Asked

About this matter

Is FSSAI registration mandatory for home-based food businesses? +

Yes. All food business operators, including home-based bakers and cloud kitchens, require FSSAI authorisation. A home-based FBO with turnover up to Rs 12 lakh requires Basic Registration.

How long is an FSSAI licence valid? +

A licence may be granted for one to five years at the option of the FBO. Government fees scale with the period chosen. Renewal must be applied for at least thirty days before expiry.

What is the difference between FSSAI registration and an FSSAI licence? +

Registration is the simpler form of authorisation applicable to small FBOs with turnover up to Rs 12 lakh. A licence is required for FBOs with higher turnover, and involves additional compliance and (for Central Licences) inspections.

Can the licence be transferred to a new owner if the business is sold? +

No. The FSSAI authorisation is granted to the specific FBO and is not transferable. A new owner is required to apply afresh.

What happens if a food business operates without an FSSAI licence? +

Operating without the required FSSAI authorisation is a punishable offence under the FSS Act, attracting fines and, in serious cases, imprisonment. Authorised officers may also seize stock and seal premises.

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