How to acquire FSSAI License for Restaurants?

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How to acquire FSSAI License for Restaurants?

Table of contents:

Introduction

In India, FSSAI is an authorized organisation that administers and looks over the food business throughout the country by providing the restaurants with the registration and licensing of food business. The main objective for authorizing FSSAI is to lay down the rules and regulation of having a food business across the country along with FSSAI is duty bound to ensure the proper quality check of the food which will not only increase the quality rather the course of adultery in food and sale of banned products shall be annihilated. 

Eligibility 

The eligible criteria for various food business which requires FSSAI license/ registration are as follows – 

  • Any food business which has an annual turnover that doesn’t cross INR 12 Lakh
  • Any individual who manufacturer or sells or deals anything that’s related to food product be it permanent or temporary (snacks shop, bakery etc.)
  • Vegetable oil processing units
  • Any SSI industries that deals in food business and its production of up-to 100 Kg or 100 Lt. Per day
  • Any SSI which deals with the food/ produces/ handles/ collects up-to 500 Lt. of milk and accommodates 2 large animals/ 10 animals/ 50 poultry birds per day (including refrigeratored storage facility)
  • Food vending agencies 
  • Import/ Export of food items 

Process for acquiring an FSSAI license 

Anyone interested to procure an FSSAI license has to apply through online by filling an application known as Food Licensing and Registration System (FLRS). 

  • Step 1 – The eligibility criteria for registration for state or central food licensing shall be done by login on to foodlicensing.fssai.gov.in. 
  • Step 2 – With fulfilling the eligibility criteria, an account has to be activated by filling up the sign-up form. (With valid e-Mail ID and Contact information.
  • Step 3 – After creating an account, the form has to be filled up with the required documents.
  • Step 4 – With the successful submission an acknowledgement of the same shall be provided with a reference number for the future use. 
  • Step 5 – After filing out the application and before submitting the form a printout of the form with reference number will be handy. 

On the account of receiving such application the authorities shall examine and carry out an inspection and with their satisfaction the license shall be provided. 

Note – 

  • The examination and inspection preceding the approval of the license shall take up-to 60 days.   
  • If the Restaurant has a turnover of up-to 20 Cr., one should go for state license and if the turnover is over 20 Cr. one should opt for central license. 
  • The user ID after activation is valid for 30 days and on its expiration user ID will be disabled. 

Documents required for FSSAI registration 

Basic Registration 

  • Filling up Form B 
  • Photo ID 
  • Proof of possession of premises (parent document or rental agreement etc) 
  • Partnership Deed, Certificate of Incorporation, AoA, MoA etc.
  • Safety plan 

State/ Central License 

  • Filling up Form B 
  • List of Directors, partners, proprietor with address, contact information etc
  • List of food category proposed for manufacturing 
  • Authority letter for manufacturer nominated person with their personal particulars 
  • Proof of possession of premises 
  • Partnership deed 
  • Safety plan
  • Kitchen layout plan
  • Report from ISI on type of water (chemical and bacteriological) to be used as an ingredient in food mandatory
  • Copy of certificate obtained under Coop Act/ Multi State Coop Act, 2002
  • Usage of applicable raw materials 
  • NOC from Municipal or Local body 
  • Form IX nomination of person by a company along with the board resolution 
  • Declaration form   

Fee for FSSAI license

The fees charged by FSSAI for the application differs based on the categories 

FSSAI registration fee – INR 100/- Per Year 

FSSAI State License – INR 2000/- to 5000/- Per Year

FSSAI Central License – INR 7500/- Per Year

Benefits of acquiring FSSAI license 

Procuring a FSSAI license provide FBO with legal benefits, built goodwill, food safety, customer awareness. With the registration it is easy to obtain funds from investors and also ensures the quality of food stating the premises comply with the hygiene and quality standards. 

Penalty for Non-Compliance

As per Section 32 of the FSSAI Act, 2006 the investigation officer on the inspection shall mark the food business with one of the following –

  • Compliance (C)
  • Non-Compliance (NC) 
  • Partial Compliance (PC)
  • Not Applicable (NA)

Based on the grade a show cause notice will be forwarded to the licensee and on failure to comply the notice the officer may cancel the license of such restaurant. 

Offence and Penalty

  • Non compliance of food quality with the Act – INR 2 Lakh
  • Sub-Standard Food – INR 5 Lakh
  • Misbrand – INR 3 Lakh
  • Misleading Advertisement – INR 3 Lahk
  • Failure to comply with the Food Safety Officer – INR 2 Lakh
  • Unhygienic process – INR 1 Lakh

Renewal of FSSAI license

The license issued by FSSAI is valid for 1 year or 5 years, so the licensee has to apply for renewal 30 days prior to the expiry of the current license. 

Food Registration in India

Final words 

FSSAI being an organisation that monitors and governs the food produced in the food business across the nation. FSSAI is an autonomous body established under the Ministry of Health and Family Welfare, GoI. Thus, it is the responsibility of FSSAI to issue license of the Food Business Operators (FBO). 

With registration come privileges for both licensee(s) who enjoys the brand value, legal safety and customers enjoy the safety of the food. The Law not juts safeguards the customers rather it extends its protection to the licensee. Any aggrieved person shall file an appeal with the state commissioner of food safety and the same can be challenged through an appeal to the Food Safety Appellate Tribunal. 

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Neelansh Gupta is a dedicated Lawyer and professional having flair for reading & writing to keep himself updated with the latest economical developments. In a short span of 2 years as a professional he has worked on projects related to Drafting, IPR & Corporate laws which have given him diversity in work and a chance to blend his subject knowledge with its real time implementation, thus enhancing his skills.

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