The Food Safety and Standards Authority of India (FSSAI) has launched a new scheme aimed at enhancing the ease of doing business in the food industry. Effective from July 1, 2024, this scheme introduces the provision for instant (Tatkal) issuance of licenses and registrations for certain categories of food businesses. This blog will provide a comprehensive overview of the new scheme, highlighting its features, eligibility criteria, required documents, and the application process.

 

What the New Scheme Entails and How It Differs from the Old Provision

Under the FSS (Licensing and Registration of Food Businesses) Regulations, 2011, the traditional process required licenses to be granted within 60 days and registrations within 7 days. The new scheme aims to expedite this process by offering instant issuance of licenses and registrations through the Food Safety Compliance System (FoSCoS).

 

Key Differences from the Old Provision:

  1. Instant Issuance: Unlike the previous system, which could take up to 60 days, the new scheme allows for immediate issuance of licenses and registrations.
  2. Select Categories: Instant issuance is available only for specific types of food businesses, including wholesalers, distributors, retailers, transporters, storage without atmospheric control, importers, food vending agencies, direct sellers, and merchant-exporters.
  3. Digital Verification: The new scheme relies on digital verification through GST, CIN, PAN, and AADHAAR, ensuring a seamless and quick process.
  4. Self-Declaration: Applicants must declare that they do not possess a valid license/registration at the same premises and that their previous license/registration has not been suspended or cancelled in the past three months.
  5. Photographic Evidence: Applicants need to upload photographs of their business units, specifically the entrance/front-facing area, to facilitate identification.
  6. Validity and Renewal: The instant license/registration is valid for one year and can be renewed as per the existing procedures.

 

Eligibility for Tatkal Registration/License

The scheme is designed for specific kinds of businesses and food product categories. Eligible businesses include importers, merchant-exporters, wholesalers (excluding Meat and Fish), distributors (excluding Meat and Fish), retailers (excluding Meat and Fish), transporters (excluding Dairy, Meat, and Fish), storage without atmospheric control (excluding Meat and Fish), food vending agencies (excluding Meat and Fish), direct sellers (excluding Meat and Fish), petty retailers of snacks/tea shops (excluding Meat and Fish), and hawkers (itinerant/mobile food vendors) (excluding Meat and Fish).

 

Required Documents for the Application

To apply for an instant license or registration, applicants need the following documents:

  1. Proprietorship Firms: GST and AADHAAR for verification.
  2. Partnership/Registered Firms: CIN, GST, and AADHAAR for verification.
  3. Petty Food Business Operators (FBOs): PAN and AADHAAR for verification.
  4. Photographs: Clear images of the business unit’s entrance/front-facing area.
  5. Self-Declaration: Confirmation that no valid license/registration exists at the same premises and that no suspensions/cancellations occurred in the past three months.

 

The Application Process: A Step-by-Step Guide

The process for obtaining an instant license or registration involves several key steps:

  1. Visit the Food Safety Compliance System (FoSCoS) at https://foscos.fssai.gov.in.
  2. On the homepage, choose the option for instant (Tatkal) license/registration.
  3. Provide the necessary details in the application form, including business type, contact information, and other relevant details.
  4. Upload the required documents, including GST, CIN, PAN, AADHAAR, and photographs of the business unit.
  5. Complete the self-declaration form confirming eligibility criteria.
  6. Pay the full annual fee for the license/registration.
  7. The system will perform digital verification of the provided information.
  8. Upon successful verification, the license/registration will be issued instantly with disclaimers.

 

Disclaimers and Enforcement

It is important to note that the instant license/registration comes with disclaimers:

  • Self-Declaration Basis: The license/registration is based on the self-declaration made by the applicant. Any false declaration can attract a penalty of up to Rs. 10 lakhs under Section 61 of the FSS Act, 2006.
  • Non-Claim of Ownership: The license/registration copy cannot be used to claim ownership of the premises.
  • Enforcement: Jurisdictional Designated Officers, Registration Authorities, and Food Safety Officers retain the authority to enforce compliance and conduct inspections as per the FSS Act, 2006.

 

Conclusion

The introduction of the instant (Tatkal) issuance of licenses and registrations by FSSAI marks a significant step towards enhancing the ease of doing business in the food industry. By streamlining the process and leveraging digital verification, this new scheme promises to save time and reduce bureaucratic hurdles for eligible food businesses. For more details and to access the user manual, visit the FoSCoS portal.

 

Disclaimer:  This is an effort by Lexcomply.com, to contribute towards improvingcompliance managementregime.User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.

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