Overview of FSSAI Registration for FBO (Food Business Operators)

Must read

Pradeep Sharma
I am a CS Student. I believe, the knowledge & wisdom that reading gives has helped me shape my perspective towards life, career, and relationships. I enjoy meeting new people & learning about their lives & backgrounds. My mantra is to find inspiration from everyday life & thrive to be better each day.
[tie_list type=”checklist”]

Food is a vital sector for our economy, being an essential commodity for life. Everyone needs it. It is a well-settled rule that the demand for an item gives rise to business opportunities. Thus, many petty food manufacturers like Hawkers, a temporary stallholder or itinerant vendor, or a small FBO carrying out its business within the state and having an annual turnover below 12 lakhs.

All these businesses need to register themselves with FSSAI before the commencement of their business. Food registration is mandatory for these petty food manufacturers and small FBOs to regulate the quality of food products and ensure that FBOs could provide healthy, wholesome, and hygienic food to all.

FSSAI Registration

The Food registration is the basic registration with FSSAI of an FBO. It is required by petty food manufacturers or the FBO having a turnover of less than Rs 12 Lakhs unless the FBO is covered under mandatory state or central licensing.

Also Like: Applicability of FSSAI Licensing & Compliance For Food Business in India

Food registration, once granted, shall be valid for the period opted at the time of making an application. The FBO may opt for a validity period from one year to five years. On successful grant of food registration, the Registering Authority shall issue the FSSAI Registration Certificate and a photo identity card.

These need to be displayed at a place visible to all coming to the vehicle or cart or premises or any other place where the person carries on sale/manufacture of food in Petty Food Business. Once an FBO gets a registration certificate from FSSAI, it can start its business in compliance with the conditions mentioned in the registration certificate. Every FBO granted a registration certificate must follow general hygienic and sanitary practices.

Recommended Read: FSSAI Revised Product Labelling Requirements Norms

Annual Return

No annual return filing is required in the case of FSSAI Registration.

Exemptions

Those producers of milk are granted exemption from Food registration who supplies or sells the whole milk to the dairy Cooperative Society registered under the Cooperative Societies Act and is a registered member of it.

Eligibility for FSSAI Registration

Petty Food Manufacturer must apply for Registration / Renewal of Registration under Food Safety and Standards Act, 2006. The condition laid down to fall under the definition of Petty Food Manufacturer is as under:

  • Sells or manufactures any article of food himself or temporary stallholder or a petty retailer, hawker, itinerant vendor o; or distributes foods including in any religious or social gathering except caterers or
  • Average annual turnover is less than 12 lacs and/or
  • FBO engages in manufacturing or processing
  • Production capacity of food (other than meat and meat products and milk and milk products )does not exceed 100 kg/ltr per day.
  • Procurement or handling and collection of milk up to 500 litres of milk per day or2.5MT solid milk p.a.
  • Slaughtering capacity for animals is two large animals or ten small animals or 50 poultry birds per day or less.

The term Petty food manufacturer may include the following FBOs

  • Permanent/Temporary Stallholder
  • Hawker (Itinerant / Mobile food vendor))
  • Home-based canteens/dabbawalas
  • Petty Retailer of snacks/tea shop
  • Food arrangements in Religious gatherings, fairs etc./Food stalls
  • Dhaba
  • Processor/Manufacturer
  • Re Packer
  • Milk producers (who are not a member of dairy cooperative society)/
  • Milk vendor
  • Fish/meat/poultry shop/seller
  • Other(s)

Timeline for Grant of FSSAI Registration

Timeline for grant of Registration Certificate after making an application with the registration authority will depend on whether the registration authority wants to inspect the applicant’s premise. The timelines are as under:

  • The registration authority issues a registration certificate within seven days of making an application if it does not want to inspect the premises.
  • Suppose the registration authority intends to inspect the applicant’s premise. In that case, the inspection must be conducted within 30 days of the date of application and registration to be issued if premises are found in order.
  • A petty Food manufacturer may start its business without a registration certificate if registration is not granted or denied or the inspection not ordered within seven days, or no decision is communicated within 30 days of the date of applying.
  • It is to be noted that the grant of registration will be subject to the satisfaction of the FSSAI authority responsible for food registration. The mere filing does not mean the food registration will be granted.

Documents

The applicant of a food registration could be a proprietorship firm or any other entity like Private Limited Company, LLP, Partnership Firm, Trust/Society etc. The documentation will vary as per the type of applicant, kindly select the appropriate application type to display the list of documents required.

List of Documents for FSSAI Registration in case of Private/Public Company

A. Company Documents
  • Certificate of Incorporation
  • MOA & AOA
  • PAN Card
  • List of Directors
  • Board Resolution
  • Form IX: Nomination Form
  • List of Food Products
B. Documents of Directors & Nominee
  • Government Issued Photo Identity Card
  • Address Proof
  • Email ID & Mobile Mo (For OTP)
  • Educational Qualification
C. Proof of Address of Food Business.
  • Sale Deed/ Rent agreement, and
  • Electricity Bill Not Older than two months

Note: A nominee is a person responsible for the compliances of Food laws, their rules, and regulations, for the Food Business.

List of Documents for FSSAI Registration in case of LLP

A. LLP Documents
  • Certificate of Incorporation
  • LLP Agreement
  • PAN Card
  • List of Partners
  • Partners Resolution
  • Form IX: Nomination Form
  • List of Food Products
B. Documents of Partners & Nominee
  • Government Issued Photo Identity Card
  • Address Proof
  • Email ID & Mobile Mo (For OTP)
  • Educational Qualification
C. Proof of Address of Food Business.
  • Sale Deed/ Rent agreement, and
  • Electricity Bill Not Older than two months

Note: A nominee is a person responsible for the compliances of Food laws, their rules, and regulations, for the Food Business

List of Documents for FSSAI Registration in case of Partnership

A. Partnership Firms Documents
  • Registration Certificate
  • Partnership Agreement
  • PAN Card
  • List of Partners
  • Partners Resolution
  • Form IX: Nomination Form
  • List of Food Products
B. Documents of Partners & Nominee
  • Government Issued Photo Identity Card
  • Address Proof
  • Email ID & Mobile Mo (For OTP)
  • Educational Qualification
C. Proof of Address of Food Business.
  • Sale Deed/ Rent agreement, and
  • Electricity Bill Not Older than two months

Note: A nominee is a person responsible for the compliances of Food laws, their rules, and regulations, for the Food Business

List of Documents for FSSAI Registration in case of Proprietorship

A. Proprietor Documents
  • Photo of Proprietor
  • Government-issued photo ids such as PAN, AADHAAR, Voter ID, etc. of Proprietor
  • Email I.D. and Mobile No of Proprietor (For OTP)
  • List of Food products
B. Proof of Address of Food Business.
  • Sale Deed/ Rent agreement, and
  • Electricity Bill Not Older than two months

Note: If the proprietor is carrying on the food business at the address mentioned in his Photo ID Card like AADHAR, Voter ID, then no proof of address of Food Business is required.

List of Documents for FSSAI Registration in case of Society

A. Documents of Society
  • Certificate of Registration
  • Memorandum of Society
  • Rules and Bylaws
  • PAN Card
  • List of Governing Body
  • Copy of Resolution
  • Form IX: Nomination Form
  • List of Food Products
B. Documents of Directors & Nominee
  • Government Issued Photo Identity Card
  • Address Proof
  • Email ID & Mobile Mo (For OTP)
  • Educational Qualification
C. Proof of Address of Food Business.
  • Sale Deed/ Rent agreement, and
  • Electricity Bill Not Older than two months

Note: A nominee is a person responsible for the compliances of Food laws, their rules, and regulations, for the Food Business.

List of Documents for FSSAI Registration in case of Trust

A. Documents of Trust
  • Registered Trust Deed
  • PAN Card
  • Details of Trustee (S)
  • Copy of Resolution
  • Form IX: Nomination Form
  • List of Food Products
B. Documents of Directors & Nominee
  • Government Issued Photo Identity Card
  • Address Proof
  • Email ID & Mobile Mo (For OTP)
  • Educational Qualification
C. Proof of Address of Food Business.
  • Sale Deed/ Rent agreement, and
  • Electricity Bill Not Older than two months

Note: A nominee is a person responsible for the compliances of Food laws, their rules, and regulations, for the Food Business.

Validity of FSSAI Registration

A Food Registration, once granted, shall be valid for a period of 1 to 5 years as chosen by the Food Business Operator unless suspended or canceled by the Licencing Authority. The period of validity is counted from the date of issue of the food registration certificate. It can be renewed for a further period, a maximum of five years, at one time not later than 30 days before the expiry of the validity of the registration certificate. There is no late fee in the renewal of registration as per the FSSAI notification dated 10th June 2014.

Other Categories of FBO

All the FBO, irrespective of their scale of operation, kind of food business including home-based kitchens manufacturing food and bakery products whose annual turnover is less than 12 lacs is required to take food registration before the commencement of food business.

Penalty for Non-Registration

If the FBO is not registered, a fine up to Rs 5 lacs and imprisonment of 6 months could be imposed depending upon the offences committed by it. The punishment or penalty will vary depending upon the scale of operation and the nature of offences.

The offences and the fine prescribed is as under:

No Offense Penalty
1 For Non-Registration 5 Lakhs & Imprisonment of 6 Months may be imposed
2 Substandard food Rs 5 Lakhs
3 Misbranded food- The food product that bears the wrong label, tag, brand, or notice under providing misleading information regarding the composition, kind, quality or grade of the food products is called misbranded food.. Rs 3 Lakhs
4 Unsafe food which does not result in injury Imprisonment for a term not exceeding six months combined with a fine which may be up to Rs 1 lakh.
[box type=”download” align=”” class=”” width=””]

Frequently Asked Questions

What is an FSSAI Registration?

It is basic food registration required by a petty food manufacturer. No food business operator can start its food business without seeking registration if its business falls in the category of registration. It has a validity period and must be renewed before its expiry to continue the said food business. The validity of registration varies from one year to five years as per the choice of FBO.

Who needs an FSSAI Registration /Food registration?

A petty food manufacturer requires FSSAI Registration. A petty food manufacturer includes:

  • Any FBO who sells or distributes food products manufactured by him or
  • All FBO having an annual turnover is less than 12 lacs, and the production capacity does not exceed the limit mentioned below:
    • Dairy Units-Procurement or handling and collection of milk is up to 500 liters of milk per day
    • Slaughter Houses-Slaughtering capacity is two large animals or ten small animals or 50 poultry Birds per day or less
    • Any other FBO does not exceed 100 kg/liter per day

How do I know the applicability criteria and Kind of Food Business category for my food business?

We have discussed the kind of food business and the applicability criteria in detail on the page. Understanding the basics of food license, you may refer to the same for a general understanding.

What are the criteria for registration?

Every petty food manufacturer requires registration. Petty food operator means any business operator who

  • Manufactures and sells any article of food himself or distributes food including in any religious or social gathering. For example, petty Retailers, hawkers, itinerant vendors, or temporary stallholders do not include caterers.
  • All the other food business operators whose annual turnover is Rs 12 lacs or less provided they are not engaged in processing and manufacturing food.
  • Food business operator engaged in manufacturing and processing of the food and the production capacity is as under:
    • Production capacity of food other than meat and meat products and milk and milk products is not more than 100 kg/ litre per day
    • If in dairy business procurement or handling and collection of milk is up to 500 litres of milk per day.
    • If the FBO is in the meat business, the slaughtering capacity is 50 poultry Birds per day or ten small animals or two large animals or less

Who grants registration certificates?

The registration authority grants food registration certificates. The registering authority is a Food safety officer or any officer in the panchayat, municipal corporations or any other local body or Panchayat area notified by the State food Commissioner for registration.

What is the maximum time for the grant of a Registration Certificate after applying?

Registering authority may grant registration within seven days of the receipt of the application for registration or issue notice of inspection within the said period of 7 days, or it may reject with reasons to be recorded in writing. The registration authority cannot refuse the food registration without giving a valid reason in writing for its rejection.

After due satisfaction with the safety, hygiene, and sanitary condition of the premises, on inspection, the Registering Authority grants the Food registration within 30 days.

A petty Food manufacturer may start its business without a registration certificate if food registration is neither denied nor any inspection ordered within seven days, and nor any action taken on the application within 30 days of the date of applying.

In what circumstances will the application be rejected?

The registration authority may reject the registration application where the reply to the clarification is not filed within 30 days of raising such clarification.

What are the General Hygienic and Sanitary Practices to be followed by a registered FBO?

The General Hygienic and Sanitary Practices to be followed by a registered FBO is prescribed in Schedule 4, Part I of Food Safety And Standards (Licensing And Registration Of Food Businesses), Regulations 2011.

Penalty for running a food business without an FSSAI

Suppose a Petty food manufacturer fails to obtain a registration. In that case, a fine not exceeding Rs 5 lakh and imprisonment for up to 6 months may be imposed, depending on the nature of the offence. The sale of food products without a quality tag will lead to a penalty of Rs 5 lacs, whereas a fine of Rs 3 lakh is levied for sale without a label. Thus, homemade food suppliers, dabbawala, home baker, etc., should register themselves to avoid hefty fines and imprisonment.[/box] [/tie_list]

Taxclue
Pradeep Sharma

I am a CS Student. I believe, the knowledge & wisdom that reading gives has helped me shape my perspective towards life, career, and relationships. I enjoy meeting new people & learning about their lives & backgrounds. My mantra is to find inspiration from everyday life & thrive to be better each day.

- Advertisement -spot_img

More articles

Leave a Reply

- Advertisement -spot_img

Latest article