Introduction

The Food Safety and Standards (Licensing and Registration of Business) Regulations, 2011, play a vital role in ensuring that food businesses in India operate in compliance with safety standards. These regulations, implemented by the Food Safety and Standards Authority of India (FSSAI), aim to establish a framework for the licensing and registration of food businesses to ensure that food products meet the necessary safety requirements and contribute to public health.

Applicability

Food Safety and Standards (Licensing and Registration of Business) Regulations, 2011 is an Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. It is applicable on person carrying on any food business whether manufacturing or selling and food business operator which include any shop, stall, hotel, restaurant, airline services and food canteens, place or vehicle or vessel where any article of food is sold or manufactured or stored for sale.

Exemptions under Food Safety and Standards (Licensing and Registration of Business) Regulations, 2011:

The provisions of this Act shall not apply to any farmer or fisherman or farming operations or crops or livestock or aquaculture, and supplies used or produced in farming or products of crops produced by a farmer at farm level or a fisherman in his operations.

Licensing and Registration Process

The regulations mandate that food business operators must obtain a license or register with the FSSAI depending on the scale and nature of their business. There are 3 types of FSSAI licenses as given below

1. Basic FSSAI registration – it is compulsory for small FBOs. It is for those businesses whose turnover does not go beyond Rs. 12 lacs/annum. Also, it involves small retailers, hawkers, itinerant vendors, or temporary stallholders. The FSSAI registration form that the applicant has to fill to obtain FSSAI basic registration is Form A.
2. State FSSAI license – is compulsory for the food businesses with annual turnover betwixt Rs. 12 to 20 crores. The turnover limit is the same for an FSSAI state manufacturing license or FSSAI state trading license. The FSSAI registration form that the applicant has to fill to obtain an FSSAI state license is Form B.
3. Central FSSAI license – it is compulsory for food businesses whose annual turnover is more than Rs. 20 crores in case of manufacturing or trading or storage beyond certain limits as mentioned by the laws. The FSSAI registration form that the applicant has to fill to obtain an FSSAI state license is Form B.

Classification of Food Business Operators

The regulations classify food businesses based on their size, turnover, and the nature of operations. This classification helps in determining whether the business needs a license or a simple registration. It ensures that the requirements are proportionate to the scale of operations. Some common categories include:

• Small and Medium Enterprises (SMEs): Businesses with annual turnover below ₹12 lakh are generally required to register, while businesses above this threshold must apply for a license.
• Importers and Exporters: Food businesses involved in the import and export of food products must adhere to additional regulatory requirements, including maintaining traceability and meeting international food safety standards.

Packaging and labelling regulations

FSSAI regulations are a complete set of guidelines that all food product brands and manufactures should abide with. It also inflicts 12 fundamental labelling regulations for any food packaging as given below;

1. Food’s name
2. Ingredients list.
3. Information related to nutrition.
4. Vegetarian or non-vegetarian declaration of food.
5. Food additives used declaration.
6. Manufacturer’s name and address.
7. Details for customer care.
8. Quantity.
9. Retail price rate.
10. FSSAI license number and logo.
11. Batch identification number, country of origin, marketing date.
12. Instructions for usage

Recent Update:

On 13th November, 2024, Based on the recommendation made by DPIIT regarding ‘PAN’ as Business Identity, the Food Authority has decided to link PAN with FSSAI Licenses and Registrations Accordingly, capturing of PAN has been made mandatory for applying new License /Registration or its renewal or modification, with effect from 22nd October 2024, in Food Safety Compliance System [FoSCoS] portal.

It also specifies that Existing Licensed /Registered Food Business Operators [FBOs], whose renewal or modification is not due in near future, shall update the PAN details under FoSCoS User Profile Section at the earliest.

In case of FBOs applying for Registrations do not possess the PAN, a declaration is required to be given for non-possession of PAN.

Further, food businesses are advised to keep their contact details [viz. email id and mobile number] updated under FoSCoS user profile section for receiving regular communications from FSSAI.

Conclusion

The Food Safety and Standards (Licensing and Registration of Business) Regulations, 2011, have played an essential role in enhancing food safety and hygiene standards across India. Compliance with food laws in India is crucial for the successful operation of food businesses, whether in domestic manufacturing, distribution, or import. By ensuring that food operators comply with the necessary legal requirements, the FSSAI helps create a food-safe environment that protects consumers and promotes fair competition in the market.

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