FSSAI (Food License)

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FSSAI License and FSSAI Registration

FSSAI License and Registration is required for any food business in India that manufactures, stores, transports, or distributes food. Depending on the size and nature of the company, FSSAI registration or license may be required. In the FSSAI Registration process, the FBO will get a 14 digit number that needs to be printed on food packages. Obtaining a FSSAI license can provide the food business with legal benefits, build goodwill, ensure food safety, create consumer awareness, and assist in business expansion. IndiaFilings can help you obtain an FSSAI license throughout the country very quickly. We also help to get FSSAI registration. Our experts will guide you in selecting the proper food category and license.

Food Business Operators Who Require FSSAI Registration?

The Food Business Operators (FBOs) carrying on the following kinds of the food business must have FSSAI License/Registration:

Petty retailers, Retail Shops, Snacks shops, Confectionery or Bakery shops, etc
Temporary stalls, fixed stalls, or food premises are involved in preparing, storing, distributing, and selling food products.
Hawkers sell packaged or freshly prepared food by traveling from one location to another.
Dairy Units, including Milk Chilling Units, Petty Milkmen, and Milk Vendors
Slaughtering house
Fish Processing, Meat Processing, and unit
All Food Manufacturing units that include Repacking food
Vegetable Oil Processing Units
Proprietary food and Novel food
Cold/refrigerated storage facility
Transporter of food products having several specialized vehicles like insulated refrigerated vans/wagons, milk tankers, food wagons, food trucks, etc
Wholesalers, suppliers, distributors, and marketers of food products
Hotels, Restaurants, and Bars
Canteens and Cafeteria, including mid-day meal canteens
Food Vending Agencies and Caterers
Dhaba, PG provides food, a Banquet hall with food catering arrangements, Home Based Canteen, and Food stalls at fairs or religious institutions.
Importers and Exporters of food items and food ingredients
E-Commerce food suppliers, including cloud kitchens
Eligibility Criteria for Food Business Registration/License
The document attached here provides eligibility criteria for Food Business Registration/License.

FSSAI Registration/FSSAI License

FSSAI registration is provided based on the business types, turnover, and production capacity. According to the installed capacity and turnover, FBOs are eligible for essential, central, and state licenses.

FSSAI Registration

FSSAI Registration is mandatory for petty food manufacturers or the FBO having a turnover of less than Rs.12 Lakhs unless the FBO is covered under compulsory licensing.

The petty FBO who manufactures or sells food items, a hawker, little retailer, itinerant vendor, temporary stall-holder, or small-scale industries relating to food business who comply with the following conditions must obtain an FSSAI registration certificate.

Annual turnover does not exceed Rs.12 lakh.
Production capacity of food products (other than milk and milk products and meat and meat products) up to 100 liters or kg per day
Procurement or handling and collection of milk is up to 500 liters of milk per day or
Slaughtering capacity is two large animals or ten small animals, or 50 poultry birds per day or less.
Distributes foods including in any religious or social gathering except a caterer

For a better understanding, go through the following table:

Sl.No	Business	Capacity
1	Food production capacity (other than milk and meat)	Up to 100 kg/ltr per day
2	Procurement, handling, and collection of milk	Up to 500 ltr per day
3	Slaughtering capacity	Two large animals or ten small animals, or 50 poultry birds per day or less

FSSAI registration number will be granted by the State Licensing Authority, and its carries 14 digits in it, but the first digit starts with 2.

FSSAI License

FSSAI License is mandatory for businesses having a turnover of more than 12 lakh or by the FBO engaged in food processing and manufacturing. The FSSAI License is categorized into two types Central and State License. FSSAI license carries 14 digits, wherein the first digit starts with 1. FBOs need to get the state license or the central license depending on the size of their business.

State license

Medium-size processors, manufacturers, traders, marketers, or transporters require the FSSAI state license from the state government.

The FBO has an annual turnover of more than Rs.12 lakh but not exceeding Rs.20 crore, is considered a medium-sized FBO and must obtain a state license.

The FBO must get a central license when its annual turnover crosses Rs.20 crore.

Central license

A large-sized business processing, transporting, manufacturing, and having international trade of food products needs to obtain the FSSAI central license. The FBO having an annual turnover of more than Rs.20 crore is considered a large business and must obtain an FSSAI central license from the Central Government.

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.

Benefits of Procuring FSSAI Food License

Obtaining an FSSAI license can provide the food business with the following benefits:

Legal benefit
Ensure food safety
Build goodwill
Create consumer awareness
It helps regulate, manufacture, store, distribute, and sell imported food.
It becomes easy to obtain funds from investors when an entrepreneur has an FSSAI license.
FSSAI logos on food products ensure the quality of the products to the customers.

The registration number displayed on the food premises indicates that the premises comply with hygiene and quality standards.

Validity of FSSAI License/Registration

The FSSAI License / Registration will be issued for 1 to 5 years, as chosen by the Food Business Operator, from the date of issue of registration or license. The FBO must apply for renewal 30 days before the expiry of the current request.

1. Documents for FSSAI Basic Registration:

Identity proof of the FBOs;
Business Certificate such as Certificate of Incorporation, Shop & Establishment License, Partnership Deed or other Business Registration Certificate;
FSMS or Food Safety Management System Plan;
Details of Bank Account;
Possession proof of the business premises i.e., No Objection Certificate, Rental Agreement from the owner of the rented premises, utility bills, etc.;
List of food items processed or manufactured.

2. Apart from the basic documents mentioned above, there are certain specific documents required for FSSAI State License:

Duly filled & signed Form-B;
Name & list of machinery and equipment used with the number & installed capacity;
Report analysis of water to be used in the process to confirm the portability;
List of Partners or Directors or Proprietors with complete address, photo id & contact details;
Processing unit plan showing the dimensions & operation-wise area allocation;
Letter of Authority from the manufacturer nominated a responsible person’s name & address;
A copy of a certificate obtained under the Coop Act 1861 or Multi-State Coop Act 2002.

3. Apart from basic documents, the following is the list of documents required for the FSSAI Central License:

Duly filled & signed Form-B;
Name & list of machinery and equipment used with the number & installed capacity;
Report analysis of water to be used in the process to confirm the portability;
List of Partners or Directors or Proprietors with complete address, photo id & contact details;
Processing unit plan showing the dimensions & operation-wise area allocation;
Letter of Authority from the manufacturer nominated a responsible person’s name & address;
Source of raw material for meat, milk, etc.;
IEC document issued by DGFT;
Form IX;
Ministry of Commerce Certificate for 100% EOU;
Supporting documents for proof of turnover & transportation;
Declaration Form;
PA/NOC documents issued by FSSAI;
Recall plans whenever required.

An Overview of FSSAI Annual Return

The Government of India (GoI) has introduced the Food Safety & Standards (FSS) Act, 2006, with the motive to regulate & prevent the food industry. The FSS Act, 2006, consists of laws that direct the sale, manufacturing, storage, distribution & import of food items within the country. However, it would be good to make sure that all the proper criteria & compliances are duly fulfilled by the food business operator. The FBOs (Food Business Operators) must compulsorily obtain the FSSAI License. The FSSAI Registration Certificate ensures that the food consumed is safe & healthy for human consumption. After getting the FSSAI License, the Food Business Operators must comply with the FSSAI compliances and file the FSSAI Annual Return. The Food Business Operators must file the annual return within the prescribed time, or else they will have to pay penalties.

Different Types of FSSAI Annual Return

Types of FSSAI Annual Return laid down under the FSSAI Act are:

FSSAI Form D1 (Annual Return)

All food packers, importers, manufacturers, labellers, re-packers & re-labellers must mandatorily file Form D1 with the FSSAI Licensing Authority. Form D1 can be filed online/physically as provided by the food safety commissioner. All Food Business Operators must compulsorily file Form D1 irrespective of the production they are involved in & depending on the type of food products or items sold by them in the preceding Financial Year.

FSSAI Form D2 (Half-Yearly Return)

FSSAI Form D2 is a half-yearly return. The Food Business Operator involved in the business of importing or manufacturing mil or mil products is required to file Form D2.

Note: All Food Business Operators should file a separate return for every license issued under FSSAI Regulations, irrespective of whether the same Food Business Operators carries more than one Food License unit or business. Hence, a Food Business Operator with more than one license should file separate returns for each FSSAI License. It is immaterial that the same Food Business Operator hold these FSSAI Licenses.

Who can File the FSSAI Annual Return?

Every Food Business Operator selling, importing, manufacturing, storing, handling, exporting, distributing or transporting any type of food product.
Every Food Business Operator has a business turnover of more than Rs. 12 lakhs.
The Food Business Operator is involved in the distribution & manufacturing of milk.

Necessary Details in FSSAI Annual Return

The below-mentioned details are required to be included in the FSSAI Annual Return Form, which is as follows:-

Full name and address of Food Business Operator.
FSSAI License Number.

Statement showing quantities of food items manufactured, exported, imported, and handled in tonnes. The statement contains the following procedures:

Name of the food product exported, imported, manufactured, or handled.
Quantity in metric tonnes.
Value.
Size of the bottle, can, bulk package or any other package.

In the case of import/export, the following additional details are required to be stated in the statement:

Name of the port or nation of export.
The quantity imported or exported in kg.
Value.
Rate per kg/per unit of packing FOB or CIF.

Following are the details required to be stated in the FSSAI half-yearly return i.e., Form D2:

Name and Address of Food Business Operator.
FSSAI License Number.
Details of purchase of milk products or items such as the source or purchase, average fat, name of the mil product, total quantity purchase, and SNF (%) quantity used & closing balance.
Reconstitution details.
Details of procurement such as type of milk, total quantity MT, total SNF content MT, price Rs/kg of milk, fate & SNF.
Details of milk marketing.
Details of milk products manufactured, sold, and stock position.
Statement showing quantities of milk products, manufactured and exported in tonnes with their sale value during the period.

What is the Due Date for Filing the FSSAI Annual Return?

The due date to file Form D1 by the Food Business Operators is on or before 31^st May for every Financial Year. Form D2 is a half-yearly form and it must be filed for the period from 1^st April to 30^th September and from 1^st October to 31^st March every Financial Year by the Food Business Operators involved in the manufacturing of milk & milk products. The due date to file Form D2 is as follows:

Half-Yearly Period	Due Date to File Form D2
1^st April to 30^th September	Within 31^st October
1^st October to 31^st March	Within 30^th April

Who are all Exempted from Filling FSSAI Annual Return?

Exempting certain entities from filing the FSSAI Annual Return, which is as follows:

Canteens.
Restaurants.
Fast-food joints.
Grocery stores.

Penalty for Late filing of FSSAI Annual Return

According to Section 2.1.13 (3) of FSS (Licensing and Registration) Regulations, 2011, if the food business administrators don’t record the return within the prescribed period, at that point, a fine of Rs 100 will be imposed on them consistently and will continue expanding if the default proceeds.