Navigating FSSAI Registration and Licensing for Food Businesses in India

In India, acquiring FSSAI registration is a mandatory requirement for individuals and entities operating in the food sector. This includes those establishing restaurants, bakeries, hotels, cloud kitchens, or food stalls. Furthermore, all Food Business Operators (FBOs) engaged in the manufacturing, preparation, sale, transportation, distribution, or storage of food items must secure an FSSAI registration to conduct their operations legally.

FSSAI, which stands for the Food Safety and Standards Authority of India, is an organization responsible for overseeing and regulating the entire food industry within the country. This autonomous body functions under the Ministry of Health and Family Welfare, Government of India.

Established under the Food Safety and Standards Act of 2006 (FSS Act), FSSAI serves as a comprehensive statute for food safety and regulation in India. Its primary role is to ensure that food products undergo stringent quality checks, thereby minimizing food adulteration and the sale of substandard goods. FSSAI is also tasked with registering and licensing FBOs across India and setting forth the necessary rules and guidelines for managing food businesses.

FSSAI Registration Overview

Any individual or legal entity involved in the food business, including manufacturing, processing, storage, distribution, and sale of food products, must obtain either an FSSAI Registration or a License.

The FSSAI Registration differs from an FSSAI License, primarily based on the business's scale and operational nature. FBOs must obtain the appropriate registration or license corresponding to their business size.

An FSSAI Registration is identified by a unique 14-digit number that appears on all food product packaging. This 14-digit number provides details about the manufacturing state and the producer's permit. This registration process aims to enhance accountability among FBOs to uphold the quality standards of food products.

The procedures and requirements for licensing and registration are governed by the Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011.

Categories of Food Business Operators Requiring FSSAI Registration

FBOs engaged in the following business activities are legally required to obtain an FSSAI Registration or License:

• Small-scale retailers and retail outlets, such as snack shops, confectionery stores, or bakeries.
• Temporary or fixed food premises involved in food preparation, distribution, storage, and sale, including stalls for street food, fruit/vegetable vendors, tea stalls, and sweet shops.
• Hawkers who sell pre-packaged or freshly prepared food while moving from one place to another.
• Dairy operations, including milk chilling units, petty milk vendors, and milkmen.
• Units involved in processing vegetable oil.
• Slaughterhouses, including shops selling meat, mutton, or chicken.
• Units for meat and fish processing.
• All food manufacturing or processing facilities, encompassing those that repackage food.
• Producers of proprietary and novel food items.
• Facilities for cold/refrigerated storage.
• Transporters of food products utilizing specialized vehicles like insulated refrigerated vans, milk tankers, or food trucks.
• Wholesalers, suppliers, distributors, and marketers of food products.
• Hotels, restaurants, and bars.
• Canteens and cafeterias, including those providing mid-day meals.
• Food vending operators and caterers.
• Dhabas, PGs offering food services, banquet halls with catering, home-based canteens, and food stalls at events or religious sites.
• Importers and exporters of food items, including food ingredients.
• E-commerce food suppliers, such as cloud kitchens.

The specific FSSAI license or registration required by each business category depends on its eligibility criteria. Detailed eligibility information for each business type and license category is available on the FSSAI website.

Different Categories of FSSAI Registration

FSSAI registration is categorized based on business type, annual turnover, and production capacity. Depending on these factors, FBOs may qualify for a basic registration, a state license, or a central license.

• FSSAI Basic Registration – Required for FBOs with an annual turnover below Rs. 12 lakh. Applicants must complete Form A to obtain this basic registration.
• FSSAI State License – Necessary for FBOs with an annual turnover exceeding Rs. 12 lakh but remaining below Rs. 20 crore. To secure a state license, applicants need to fill out Form B.
• FSSAI Central License – Mandatory for FBOs with an annual turnover surpassing Rs. 20 crore. Applicants for a central license are also required to complete Form B.

Online Procedure for FSSAI Registration

FBOs can complete their FSSAI registration online by submitting the appropriate FSSAI registration form (Form A for Registration or Form B for State and Central License) via the FoSCoS portal. Alternatively, offline registration is possible by submitting Form A or Form B directly to the Food and Safety Department.

The registration form must be accompanied by all necessary documents. These documents can be uploaded online through the FoSCoS portal during the application process or submitted physically to the Food and Safety Department along with the application.

The Department will review the FSSAI registration application, which may be accepted or rejected within seven days of receipt, whether submitted online or offline. If rejected, the applicant will be notified in writing.

The submitted documents will undergo a thorough scrutiny by the Department.

If deemed necessary, the Department may conduct an inspection of the food premises before issuing the FSSAI registration certificate.

Upon confirming that the FBO meets all stipulated criteria, the Department will issue an FSSAI registration certificate, including the registration number and the applicant's photo, to their email ID. Applicants can also download their FSSAI registration certificate by logging into the FoSCoS portal.

FBOs are required to prominently display their FSSAI registration certificate at their business premises during operational hours.

FSSAI Registration Eligibility Criteria

FSSAI Registration serves as a basic license for all small-scale food businesses. This category includes:

• Any FBO with an annual turnover not exceeding Rs. 12 lakh.
• Petty retailers who sell food products.
• Any person who manufactures or sells any food item by himself.
• Temporary stall holders engaged in food sales.
• Any individual who distributes food in any religious or social gathering, excluding professional caterers.
• Small-scale or cottage industries operating in the food business.
• Small businesses with the following food capacity limits:

FSSAI License Eligibility Criteria

For all FBOs beyond small-scale businesses, an FSSAI license is mandatory. FSSAI Licenses are split into two types: State FSSAI License and Central FSSAI License, determined by whether the business is medium-scale or large-scale.

State FSSAI License

FBOs with medium-sized manufacturing units, transporters, marketers, and traders are required to obtain a State FSSAI license from their respective State Government. This category encompasses the following businesses:

• FBOs whose turnover ranges from Rs 12 lakh to Rs 20 crore (or up to Rs 30 crore for transportation businesses and wholesalers).
• All milling units for grains, cereals, and pulses, regardless of production capacity.
• Medium-scale businesses adhering to these food capacity limits:

The license issued under the state category is valid for a maximum of five years and a minimum of one year.

Central FSSAI License

Large manufacturers, importers, and exporters engaged in extensive food businesses must secure a Central FSSAI registration from the Central Government. This category includes:

• FBOs with a turnover exceeding Rs 20 crore (or more than Rs 30 crore for transportation businesses and wholesalers).
• The following FBOs, irrespective of their turnover or business size:
  • Food businesses operating across two or more states.
  • Importers and exporters.
  • Producers of proprietary and non-specified food.
  • Businesses dealing in food or health supplements and nutraceuticals.
  • Entities involved in the radiation processing of foods.
  • Food business activities conducted on the premises of Central Government Agencies.
  • Caterers, restaurants, canteens, hawkers, or petty retailers located at railway stations.
  • E-commerce food businesses.
• Large-scale businesses observing these food capacity limits:

The central license is issued for a maximum period of five years and a minimum of one year.

Essential Documents for FSSAI Registration and License

To obtain FSSAI basic registration, a state license, or a central license, the following documents are typically required:

• Photo identity proof of the food business operator.
• Certificate of business constitution, such as a partnership deed, certificate of incorporation, shop and establishment license, or other relevant business registration document.
• Proof of ownership or possession of the business premises, including a rental agreement, No Objection Certificate (NOC) from the owner if rented, or utility bills.
• A comprehensive food safety management system plan.
• A list of all food products manufactured or processed.
• Bank account details.
• Any additional supporting documents, such as an NOC from the Municipality or Panchayat, a Health NOC, or a copy of the license from the manufacturer.

Beyond these general requirements, specific documents are necessary for the FSSAI state license and central license.

Specific documents for FSSAI State License:

• A duly completed and signed Form B.
• A plan of the processing unit, detailing dimensions and allocation of area per operation.
• A list of Directors/Partners/Proprietor with their addresses, contact information, and photo IDs.
• Names and lists of equipment and machinery used, along with their quantity and installed capacity.
• An authority letter from the manufacturer nominating a responsible person, including their name and address.
• An analysis report of the water to be used in the process, confirming its potability.
• A copy of the certificate obtained under the Coop Act 1861 or Multi-State Coop Act 2002.

Specific documents for FSSAI Central License:

• A duly completed and signed Form B.
• A plan of the processing unit, detailing dimensions and allocation of area per operation.
• A list of Directors/Partners/Proprietor with their addresses, contact information, and photo IDs.
• Names and lists of equipment and machinery used, along with their quantity and installed capacity.
• An authority letter from the manufacturer nominating a responsible person, including their name and address.
• An analysis report of the water to be used in the process, confirming its potability.
• Details regarding the source of raw materials for items like milk and meat.
• A recall plan, if applicable.
• Ministry of Commerce Certificate for 100% Export-Oriented Units (EOU).
• NOC/PA document issued by FSSAI.
• Import Export (IE) code document issued by DGFT.
• Form IX.
• Certificate from the Ministry of Tourism.
• Supporting documents to prove turnover and transportation details.
• A declaration form.

FSSAI License Application Fees

Applicants are required to pay fees when submitting the FSSAI registration form. The fees for different types of FSSAI registration are as follows:

• FSSAI Basic Registration – A fee of Rs. 100.
• FSSAI State License – Fees typically range from Rs. 2,000 to Rs. 5,000, varying based on the specific type of business activity.
• FSSAI Central License – A fixed fee of Rs. 7,500.

Tracking FSSAI Registration Status

Applicants receive SMS and email notifications at various stages of their FSSAI application processing. To check the FSSAI registration status, applicants can enter their application reference number (provided after submission) into the ‘Track Application Status’ tab on the FoSCoS website. Detailed instructions for tracking FSSAI application status are available.

The application status will display different stages of processing. If the status shows ‘Application Reverted’, it means the FSSAI authorities have requested modifications or clarifications. The applicant must respond within 30 days from the reversion date to prevent the application from being rejected.

Once the FSSAI authorities issue the registration certificate, the status will update to ‘Registration Certificate Issued’. Applicants can then download their certificate by logging into the FoSCoS website.

FSSAI License for Cloud Kitchens

Cloud kitchens, also known as dark or ghost kitchens, represent a popular business model in the food industry. These commercial kitchens prepare food exclusively for online delivery or takeout, functioning as restaurants that fulfill orders received through digital platforms directly to customer doorsteps, without a physical dining space.

FSSAI governs India's food industry and mandates the registration of all Food Business Operators (FBOs), including cloud kitchens. Therefore, an FSSAI license is compulsory for cloud kitchens. The specific type of license (Basic Registration, State License, or Central License) depends on the cloud kitchen's annual turnover.

Cloud kitchens can apply for FSSAI Licenses or Registration through the FoSCoS portal. This involves selecting the food business type, declaring annual turnover, completing either Form A or Form B, uploading required documents, and making an online payment.

After the application submission, the relevant department will verify the application and scrutinize the documents. Once satisfied that the cloud kitchen meets all stipulated criteria, the department will issue an FSSAI registration certificate with the registration number to the applicant's email ID.

Advantages of Obtaining an FSSAI Food License

Securing an FSSAI license offers numerous benefits to a food business, including legal compliance, enhanced brand reputation, assurance of food safety, increased consumer trust, and support for business expansion. It also aids in regulating the manufacturing, storage, distribution, and sale of imported food. Additionally, FBOs with FSSAI registration often find it easier to attract funding from investors.

The FSSAI logo on food products signifies quality assurance to consumers. Similarly, displaying the FSSAI registration number at business premises indicates adherence to hygiene and quality standards.

Ramifications of Non-Compliance

Any entity registered or licensed under FSSAI is obligated to abide by the rules and regulations outlined in the FSS Act, 2006. Food safety officers typically inspect FBO facilities to assess compliance levels against a predefined checklist, categorizing their findings as:

• Compliance (C)
• Non-compliance (NC)
• Partial compliance (PC)
• Not applicable/Not observed (NA)

Based on these compliance levels, the food safety officer may issue an improvement notice as per Section 32 of the FSS Act, 2006, if necessary. Should the business operator fail to adhere to the improvement notice, the officer may, after providing an opportunity to show cause, revoke their license. An FBO aggrieved by an improvement notice can appeal to the State Commissioner of Food Safety. The decision of the Commissioner can subsequently be challenged by appealing to the Food Safety Appellate Tribunal or the High Court.

Penalties for Non-Compliance

The following penalties are applicable for various types of non-compliance:

FSSAI License Renewal Process

While obtaining an FSSAI license is crucial for starting a food business, its timely renewal is equally important. Licenses are typically issued with a validity of one to five years. Businesses must apply for renewal at least 30 days before the current license expires.