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FSSAI
One of the most crucial registrations needed by anyone in the food industry, including those looking to start a food stall, restaurant, bakery, hotel, or cloud kitchen in India, is the FSSAI registration. It is mandatory for all Food Business Operators (FBOs), including those that manufacture, prepare, sell, transport, distribute, and store food items, to be registered with the Food Safety and Standards Authority of India (FSSAI) in order to conduct business.
The Food Safety and Standards Authority of India is known as FSSAI. This organization oversees and regulates the food industry in India as a whole. It is an independent organization that was founded within the Government of India’s Ministry of Health and Family Welfare.
The Food Safety and Standards Act, 2006 (FSS Act), a consolidated statute pertaining to food safety and regulation in India, is the legal basis for the establishment of the FSSAI. It makes sure food products go through quality inspections, which reduces food adulteration and the sale of inferior goods. It establishes the guidelines for operating the food industry in India and is in charge of registering and licensing FBOs in that country.
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FSSAI Registration
It is mandatory for all individuals, whether natural or artificial, engaged in the food industry to obtain an FSSAI Registration or License. This includes producing, processing, storing, distributing, and selling food items.
Depending on the size and type of the firm, an FSSAI License is not the same as an FSSAI Registration. FBOs should, based on the size of their companies, acquire the required license or registration.
Every food packaging bears the 14-digit FSSAI Registration number, which serves as a licensing number. Information regarding the producer’s permit and the assembling state can be found on the 14-digit registration number. The purpose of this registration process is to increase the FBO’s accountability for maintaining the food products’ quality.
The Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011 govern the standards and process for licensing and registering a food business.
Food Business Operators (FBOs) Needing to Register with the FSSAI
Obtaining an FSSAI Registration or License is mandatory for FBOs engaged in the following types of business:
- Small merchants and retail establishments, such a store selling snacks, confections, baked goods, etc.
- Food products are prepared, distributed, stored, and sold at these temporary or permanent food stalls. Examples of these types of businesses include Gol Gappa stands, Chat rooms, Fruit & Vegetable vendors, Tea shops, Snack shops, Bread Pakoda stands, Samosa stands, Chinese food stands, South Indian food stands, Sweet shops, and Juice shops.
- Food vendors that travel from one place to another, usually on foot or with portable carts, to sell packaged or freshly made food.
- Dairy businesses, such as milk vendors, petty milkmen, and chilling units.
- Units for processing vegetable oil.
- Slaughterhouses, including stores that sell lamb, mutton, chicken, and other meat.
- Units for processing fish and meat.
- Any facilities that produce or process food and involve repackaging it.
- Cuisine that is unique and proprietary.
- Cold or refrigerated storage facility.
- Food product transporter with a variety of specialized vehicles, including food trucks,
- Insulated refrigerated vans and wagons, milk tankers, and food wagons.
- Wholesaler, supplier, distributor and marketer of food items.
- Hotels, restaurants and bars.
- Cafeterias and canteens, which serve midday meals.
- Catering companies and food vendors.
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- Banquet facilities with catering services.
- Importers and exporters of culinary goods, such as ingredients.
- Cloud kitchens and other food suppliers via online sales.
The type of FSSAI license/registration required by each of the above-mentioned enterprises depends on their eligibility conditions. The eligibility criteria for each sort of business and kind of license/registration are published on the FSSAI website.
FSSAI Registration Types
The basis for FSSAI registration is the type of business, turnover, and manufacturing capacity. FBOs are qualified for licenses such as basic, central, and state licenses based on installed capacity and turnover.
- FSSAI Basic Registration: FBOs that make less than Rs. 12 lakh annually are required to get FSSAI basic registration. Form A is the FSSAI registration form that the applicant must complete in order to receive FSSAI basic registration.
- FSSAI State License: FBOs that generate more than Rs. 12 lakh in revenue annually but less than Rs. 20 crore annually are required to apply for an FSSAI state license. Form B is the FSSAI registration form that must be completed by the applicant in order to receive an FSSAI state license.
- FSSAI Central License: FBOs that generate more than Rs. 20 crore in revenue annually are required to apply for the FSSAI central license. Form B is the FSSAI registration form that the applicant must complete in order to receive an FSSAI central license.
Difference between FSSAI Registration and FSSAI License
Particulars | FSSAI Registration | FSSAI License |
---|---|---|
Turnover Limit | Businesses having an annual turnover not exceeding Rs. 12 lakh. | Companies having an annual turnover of more than Rs.12 lakh. |
Types | Basic Registration | FSSAI Central License and FSSAI State License |
Size of Business | Petty food business operators. | Medium and large-sized food business operators and food businesses. |
Duration | Duration depends on the applicability of the registration. | Issued for a period of a minimum of one year and a maximum of five years. |
Application | Form A | Form B |
Fees for Registration/License | Fixed at Rs.100 per year. | It varies from Rs.2000 to Rs.7500 per year, depending on the criteria and type of license. |
Publication | The FBO should display the FSSAI registration on the office premises, and the registered number should be displayed on the product package. | The exporter, importer, traders, and producers have to mandatorily publish the FSSAI license number on the package of the products. |
License from the FSSAI for Cloud Kitchen
A cloud kitchen is one of the most prominent food-related business concepts. A cloud kitchen is alternatively referred to as a ghost kitchen or dark kitchen. It is a commercial kitchen where only cuisine for takeout or delivery is prepared. It operates as a dining establishment that primarily accepts food orders via an internet-based platform and provides in-home delivery services. The establishment lacks a tangible location for food service and instead operates from a central kitchen from which the food is delivered to the customers’ residences.
The FSSAI oversees the Indian culinary industry. The registration process is required for all Food Business Operators (FBOs), which includes the cloud kitchen. The FSSAI license is therefore required for cloud kitchens. Depending on the annual turnover, cloud kitchens can obtain the FSSAI Basic Registration, FSSAI State License or the FSSAI Central License.
FSSAI Licenses and Registration Applications for Cloud Kitchens are accepted via the FoSCoS Portal. To submit the license/registration application, they must choose the type of food business, annual revenue, complete either Form A or Form B, attach supporting documentation, and complete an online payment.
The application for a license or registration will be subject to verification and a thorough examination of the submitted documents by the relevant department after it is submitted. Upon verifying that the cloud kitchen satisfies all the necessary criteria, the department will issue an FSSAI registration certificate to the applicant’s email address, including the registration number.
Advantages of Obtaining an FSSAI Food License
Acquiring a license can yield legal advantages for the food enterprise, foster positive reputation, guarantee food safety, raise consumer consciousness, and facilitate business growth. Additionally, it aids in the control, production, storage, distribution, and sale of imported foods. With FSSAI registration, obtaining funds from investors is a straightforward process for FBOs.
Customers are assured of the food’s quality by the FSSAI logo affixed to the products. The presence of the FSSAI registration number on the food establishment signifies adherence to the organization’s sanitation and quality regulations.
Repercussions of Operating a Company Without an FSSAI Registration
Participating in any food-related enterprise without a valid FSSAI registration or license may result in penalties, with the exception of individuals exempt from Subsection (2) of Section 31 of this Act, who may do so in person or through a representative. Prohibited activities include the manufacture, sale, storage, distribution, or importation of food products.
Such conduct may result in a prison term of not less than six months and a monetary penalty of not more than five lakh rupees.
Renewal of License of the FSSAI
A valid FSSAI license is required to initiate the food business; therefore, license renewal is also critical. The license is valid for either one year or five years; therefore, the organization must submit an application for renewal thirty days prior to the current license’s expiration.
Penalty for Non- Compliance
Listed is the penalty for various type of non-compliance:
Sl.No | Particulars | Fine |
1 | Food quality not in compliance with act | 2 Lakh Petty manufacturer – 25,000/- |
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 with Food safety officer direction | 2 Lakh |
7 | Unhygienic processing or manufacture | 1 Lakh |
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No Late Fee
It has been observed that numerous small businesses incur significant penalties every year for late filing of various statutory returns to the Government. These penalties are non-tax-deductible and can adversely affect the profitability of these enterprises. At Kanoons, our primary objective is to offer cost-effective services to our clients and assist them in avoiding any late fees. In line with our commitment, we have developed cutting-edge technology that enables businesses to stay ahead of compliance requirements and prevent any penalties. Explore our range of compliance services below to ensure smooth and hassle-free operations.
FAQ
Who must obtain an FSSAI license?
Operating in India necessitates a license and registration for any food-related enterprise, including production, storage, transportation, or distribution. Whether an FSSAI registration or license is necessary may depend on the company’s size and characteristics.
Can a business be established without FSSAI?
No. In order to ensure that food is fit for human ingestion, the FSSAI Act mandates that all food businesses obtain licenses from the FSSAI. It is imperative that all food business operators acquire an FSSAI license number consisting of fourteen digits and affix it to every food product under their ownership.
What is the cost of obtaining an FSSAI license?
Depending on the type of license issued, the cost of an FSSAI license may differ. The annual FSSAI registration fee ranges from a nominal amount of Rs.100 for the FSSAI registration to a maximum of Rs.7,500 for the FSSAI Central License.
Listed below are the costs for each license class.
- Annual FSSAI Registration Fee: 100 INR
- Annual FSSAI State License Fee: 2000-5000 INR
- Annual FSSAI Central License Fee: 7500 INR
What is the duration of FSSAI registration validity?
The validity of an FSSAI registration or license varies between one and five years, contingent upon the payment of a charge to the Government.
Licensing and registration with the FSSAI may be obtained online
Obtaining an FSSAI registration or license is, in fact, a completely online process. No on-site visitation is mandatory for the applicant at any office.
It is necessary for my culinary business unit to be moved. May the current license number be carried over to the new location?
Food business operators who change the address of their premise can maintain their current FSSAI license or registration number by submitting a Modification application through the FoSCoS Portal and paying the appropriate modification fee.
The license was revoked. May I formally request a new license?
If all the requirements outlined in the improvement notice have been fulfilled, the Food Business Operator may reapply for a license with the relevant authority three months subsequent to the date of cancellation.
I have ceased operations of my food enterprise. How should the FSSAI License/Registration be surrendered?
To surrender the license or registration, an online application must be submitted through the Food Safety Compliance System (FoSCoS) account from which the application was initially submitted. Once the relevant authority has granted its sanction, the item will be deemed surrendered.
How can an expired FSSAI license or registration be renewed?
The FSSAI has mandated that as of October 1, 2021, all invoices and bills for food businesses bear the FSSAI registration number or license number. Food business operators have the option to renew their FSSAI license or registration beyond its expiration date, subject to the subsequent penalties: Three times the annual license or registration fee in effect from the initial expiration date until the ninetieth day thereafter. An additional two times the current annual license/registration fee (for a grand total of five times) is required between the 91st and 180th day following the initial expiration date.
Is it feasible to discern the classification of an FSSAI License/Registration through its numerical value?
The 14-digit FSSAI License number begins with the letter ‘1’, and the corresponding 14-digit FSSAI Registration number begins with the letter ‘2’.
Does the non-submission or late submittal of annual returns incur a penalty?
The annual return for a food business that is not filed by May 31st, each year, will incur a penalty of Rs.100 per day until the return is filed. The annual license fees shall not be greater than five times the utmost penalty imposed.
In order to operate a food enterprise across multiple states, which FSSAI license is necessary?
A Central License is mandatory for a food business operator that conducts business in more than two states. Additionally, distinct licenses and registrations are required for each unit, which are contingent upon the capacity and turnover of the unit.
Is the acquisition of an FSSAI license obligatory in India?
Manufacturing, processing, storing, distributing, or selling food requires an FSSAI Registration or License from any individual or organization. The non-obtention of an FSSAI license may result in incarceration and fines.
Who does not require FSSAI registration?
- Home-based food manufacturing or business operations of individual members of a government-registered society such as a cooperative society, Mahila Udyog, self-help group, or Gruh Udyog
- The Direct Selling entity demonstrates a willingness to assume liability for its Direct Sellers and has provided written authorization for them to do so.
- A milkman or vendor who registers with a Cooperative Society and proceeds to sell their entire milk production to said society.
- An individual who operates food vending machines, water vending machines, food ATMs, food carts, or is a direct selling agent.
Which goods require an FSSAI authorization?
Businesses that sell the following products are required to possess an FSSAI license or registration:
- Fats, oils, and fat emulsions
- Dairy products and their analogues
- Edible ice, sorbet and sherbet included
- Mushrooms, fungi, roots, tubers, fresh pulses and legumes, aloe vera, seaweed almonds, and seeds are all considered fruits and vegetables.
- Sweeteners and bakery products, including honey
- Fish and fish products, including crustaceans, mollusks, and echinoderms
- Cereals and cereal products obtained from cereal grain, legumes, roots, tubers, pith, or soft interior of palm tree; bakery wares are not included in this category.
- Eggs and egg products, as well as flesh and meat products
- Soups, sauces, salts, seasonings, protein products, and salads
- Beverages, excluding dairy products (non-alcoholic drinks);
- Food Additives—Fortified foods intended for specific nutritional purposes, including infant formulae, follow-up formulae, and formulae designed for certain medical purposes for infants;
- Food Additives, including all those authorized and standardized in accordance with the FSS (Food Products Standards and Food Additives) Regulations, 2011 and FSS Nutraceutical Regulations, 2016, along with their preparations;
- Nutrients and their preparations
- Micronutrients and their preparations/premixes of nutrients, Fortified Rice Kernel
- Preparations of functional ingredients and microorganisms and microbes
- Standardized food products, with the exception of those that fall within categories 1-14
- Indian confections and snacks and savory foods
- Seed Products and Hemp Seeds
Is GST mandatory for FSSAI?
The FSSAI issued a notice on July 27, 2022, stating that all services it provides, including the issuance of central licenses, food safety mitra fees, product approval fees, import clearance fees, and more, would be subject to GST at the prescribed rate. These services would be subject to an 18% service tax.
Should I obtain an FSSAI registration in order to operate a private kitchen?
In India, registration with the FSSAI is required for anyone who operates a private kitchen or bakery.
Should the FSSAI number be included on the invoice?
All food enterprises are required to include their FSSAI registration or license number on invoices and bills as of October 1, 2021.
Who operate petty cuisine establishments? What are the requirements for receiving an FSSAI registration certificate?
Petty Food Business Operators (FBOs) are individuals or entities engaged in the manufacturing or sale of food products, function as petty retailers, hawkers, itinerant vendors, temporary stall holders, small-scale food businesses, cottage industries, or other food-related industries with an annual turnover not exceeding Rs. 12 Lakhs, and possess the following:
- A daily production capacity of no more than 100 kg or liters of food products;
- A procurement, handling, or collection of no more than 500 liters of milk;
In order to acquire an FSSAI Registration Certificate, these FBOs must submit an application for the Food Safety Compliance System or the Food Safety Connect app. The FBO is depicted on this QR-encoded Registration Certificate, which also contains a fourteen-digit Registration number that commences with the digit two (2xxxxxxxxxxx).
Do regional and state license offices require the submission of physical documents subsequent to the submission of an online application?
No, tangible documentation is not required to obtain Central/State FSSAI licenses at regional/state offices.
How can the FSSAI License be transferred from one FBO owner to another in the event that the proprietor passes away?
In the event that the license holder passes away, the FSSAI License may be transferred through the submission of an online transfer application. A Certificate of Death and Proof of Legal Heirship are required for license transfers.
Which documentation is necessary to obtain an FSSAI license? From where can I obtain the required paperwork for the FSSAI License?
The documents are categorized according to the type of culinary agency. The ‘Documents required’ section on the homepage of FSSAI’s Food Safety Compliance System (FoSCoS) contains the inventory of required documents.
Should I submit an annual return on behalf of my catering business?
Importing FBOs and manufacturing FBOs (including those that outsource the production of their food products, reprocessing, and relabeling) are required to submit Annual Returns in Form D1 via the FoSCoS Portal by May 31 of each fiscal year prior.
What are the various license categories?
Licenses and registrations for FBOs are bestowed upon them in accordance with the FSS (Licensing & Registration) Regulations of 2011. This three-tier system consists of the following levels: Registration, State license, and Central license. Licensing and registration with the FSSAI is contingent upon the nature of the enterprise, its annual revenue, and its manufacturing capabilities.
How can I obtain an online FSSAI license?
Through Kanoons, FBO can obtain an FSSAI license in India. Kanoons assists food business operators in monitoring their registrations and applying for FSSAI licenses on the FoSCoS.
What is the duration of the FSSAI registration process?
Online FSSAI registration through Kanoons can be completed in less than five days.