FSSAI License in India

FSSAI License and Registration in India – An Overview

FSSAI or the Food Safety and Standards Authority of India license is a mandatory certification required to operate a food business in India. Every person or entity engaged in this industry -manufacturing, processing, distribution and sale of food products - must necessarily get the FSSAI license registration. This license enables them to run their business freely. 

The FSSAI license facilitates the meeting of safety and quality compliances by all business owners and operators. It is also needed to keep public health under check and foster consumer confidence in the products being sold. Besides, businesses are required to comply with legal regulations, operate legally, and establish trustworthiness.

Who are Food Business Operators (FBOs)?

Food Business Operators (FBOs) are individuals or organizations engaged in producing, processing, distributing, or selling food products in India. FBOs comprise small grocery stores, wholesale distributors, restaurants, food processing plants, bakeries, and supermarkets. It is mandatory for all FBOs to get an FSSAI license to comply with the guidelines of food safety standards and to run their business within the legal framework. 

FBOs can categorised based on the following factors:

• Type of food products 
• The scale of business operations 

Who are Petty Food Business Operators?

Petty Food Business Operators (FBOs) are manufacturers or sellers, including micro-enterprises and home-based businesses, with a yearly turnover of not more than INR 12 Lakhs. These businesses are required to obtain an FSSAI Registration Certificate through the Food Safety Compliance System or Food Safety Connect app. This certificate includes a unique 14-digit code that starts with the number 2 (2xxxxxxxxxxxxx).

Petty FBOs include the following:

• Small grocery stores
• Street vendors
• Itinerant vendors
• Petty retailers
• Hawkers
• Temporary stall holders
• Small-scale food manufacturers
• Cottage industries related to the food business
• Small food business operators with yearly turnovers of not more than INR 12 lakhs
• Anyone whose production capacity (food products) does not exceed 100 kg or litres per day
• Anyone whose procurement or handling and collection capacity of milk is up to 500 litres per day
• Anyone whose slaughtering capacity is 2 large animals, or 10 small animals, or 50 poultry birds per day or less

Who needs an FSSAI License?

In accordance with the FSSAI regulation and compliance, different types of Food Business Operators (FBOs) are mandated to acquire FSSAI licenses for legal operations in India. Following is a list of some of the businesses that require an FSSAI License: 

• Food manufacturers 
• Food processors
• Food importers 
• Food exporters
• Food distributors 
• Food wholesalers
• Food retailers, including grocery stores and supermarkets 
• Food caterers 
• Restaurants
• Clubs
• Dhabas
• Hawkers
• Marketers
• Food transporters & logistics providers
• Food packaging & labelling units
• Food storage facilities, including cold storage and warehouses
• Food service providers, including commercial kitchens & canteens
• Online food businesses like food delivery platforms

The above list is a compilation of some of the FBOs that require an FSSAI License for operations. However, it is advisable for all FBOs to check the FSSAI regulations for any changes or updates to establish whether or not they need to obtain an FSSAI License to run their business.

Who is Exempted from FSSAI?

As per the FSSAI notification no 15(6), 2018/FLRS/RCD/FSSAI, food businesses exempt from getting FSSAI registration include:

• Last-mile delivery person
• Direct Selling Agent (DSA)
• Food Vending Machines
• Water vending Machines
• Food ATMs (owned by a single entity)
• Branded Food Carts (owned by a single entity)

Businesses involved in utensils or packaging material for serving or packaging food are also exempt from obtaining FSSAI license and registration as they are not classified as food according to Section 3(n) of the FSS Act, 2006.

What are the Different Categories of FSSAI Licenses?

As per the Food Safety and Standards (Licensing & Registration) Regulations, 2011, licenses and registrations for Food Business Operators (FBOs) are classified into three tier categories based on the type of business, revenue generated and manufacturing capacity:

1.  FSSAI Registration

FSSAI Registration is mandatory for Food Business Operators with revenue generation or turnover of not more than INR 12 Lakh per annum. The petty FBOs must also obtain FSSAI registration to operate legally. Any business seeking this registration must complete Form A to complete the registration formalities. 

2. State License

FSSAI State License is mandatory for all FBOs with revenue generation or turnover of more than INR 12 Lakh but less than INR 20 Crore per annum. FBOs such as small to medium-sized manufacturing units, storage, transporters, retailers, marketers, and distributors who fall under this category must complete Form B to complete the registration formalities.  

3. Central License

FSSAI Central License is mandatory for all FBOs with annual revenues of more than INR 20 Crore. Businesses classified as 100% Export-Oriented Units, importers, airports, food business operators in central government agencies, large manufacturers, seaports, etc., must obtain this license by filling out Form B to complete the registration formalities.  

The three-tiered approach helps facilitate compliance with FSSAI regulations and helps accommodate different scales and operations. 

FSSAI License vs FSSAI Registration 

An FSSAI License and FSSAI Registration differ primarily in the scale and nature of food business operations. The FSSAI License is mandatory for medium to large-scale food businesses with significant production or turnover, while the FSSAI Registration is required for small-scale or petty food businesses with limited production capacity and annual turnover up to Rs. 12 lakhs. The license involves a more complex application process and extensive documentation, whereas the registration is simpler and has minimal requirements.

Documents required for FSSAI License and Registration

Food Business Owners (FBOs) are required to submit the following documents at the time of application for a new FSSAI license or FSSAI registration from the FoSCos:

1. Documents Required for FSSAI License

Depending on the Kind of Business (KoB), documents required for an FSSAI License vary depending on the type of food business and the scale of operations. However, here is a broad categorization based on different types of food businesses:

Manufacturing/Processing Units

• Blueprint/layout plan of the processing unit.
• List of directors/partners/proprietors with full address and contact details.
• Copy of partnership deed or MoA and AoA.
• List of equipment and machinery installed.
• Analysis report of water to be used in the process.
• NOC from the local municipal authority or any other competent authority.
• Food safety management system plan or certificate, if any.

Repackaging Units

• Details of the repackaging process and labeling process.
• List of directors/partners/proprietors with full address and contact details.
• Copy of partnership deed or MoA and AoA.
• Source of procurement of raw materials.
• NOC from the local municipal authority or any other competent authority.

Wholesalers/Distributors

• List of directors/partners/proprietors with full address and contact details.
• Copy of partnership deed or MoA and AoA.
• Storage capacity details.
• NOC from the local municipal authority or any other competent authority.

Retailers (including E-commerce)

• List of directors/partners/proprietors with full address and contact details.
• Copy of partnership deed or MoA and AoA.
• Proof of possession of premises (e.g., rental agreement).
• NOC from the local municipal authority or any other competent authority.

Hotels/Restaurants/Caterers

• List of directors/partners/proprietors with full address and contact details.
• Copy of partnership deed or MoA and AoA.
• Layout plan of the premises.
• Proof of possession of premises (e.g., rental agreement).
• NOC from the local municipal authority or any other competent authority.

Transporters

• List of directors/partners/proprietors with full address and contact details.
• Copy of partnership deed or MoA and AoA.
• Details of vehicles used for transportation.
• Storage capacity details.
• NOC from the local municipal authority or any other competent authority.

These are general documents required for different types of food businesses. However, the specific requirements may vary based on the jurisdiction and other factors. It's advisable to check the official FSSAI website or consult with an expert for precise information.

2. Documents Required for FSSAI Registration

• Passport size photo applicant
• Government-issued Identities Proof – AADHAAR or PAN or Voter ID or Ration Card or Driving License
• Completed and duly signed Form-B
• Address Proof of the business facility activity – Utility Bills or Rental Agreement/NoC from the owner in case of a rented property
• Partnership Deed if the business is a partnership firm
• Company Registration Certificate and MoA if the business is a private limited or OPC
• LLP Agreement in case the business is a limited liability partnership
• MSME, GST or Shop & Establishment Certificate in case of proprietorship firm
• Food Safety Management System Plan
• Detailed list of the manufactured/processed products 
• Medical fitness certificates of all the workers engaged
• Details of technical staff in charge of business operations
• Documents for Renewal/Modification of License
• Secondary documents, including NoCs by Municipality/Panchayat, Health NoC (if any)
• Disclosure of the source of raw material
• Form IX
• Water Test Report
• List of Equipment
• List of Partners and Directors involved in the business 
• Any other documents requested during the registration process

Application Procedure for FSSAI Registration

All Food Business Operators (FBOs) have to follow the steps below to obtain an FSSAI License. The procedure to get FSSAI Registration online is:

• All FBOs must submit an online application via Form A or Form, depending on the requirements, through the FoSCos portal. FBOs can also file an offline application by submitting Form A or Form B to the Food and Safety Department.
• The FBOs must ensure that the application submitted has the required and supporting documents attached. Documents must be submitted online or offline, as per the mode of submission.
• The application is subject to rejection or approval, depending upon the verification. In case of rejection, applicants will be duly informed.
• FSSAI officials can inspect the food premises as a part of the verification process.
• Post verification, the FSSAI registration certificate and registration number are allotted to the applicant via email. The certificate can also be downloaded by the applicant via the FoSCos portal.
• Once the applicants receive their registration certificates, they are required to display the same prominently.  

FSSAI Registration – Application Process

Given below is the stepwise application process for FSSAI registration. The significant steps to remember are showcased below-

Eligibility Criteria for Obtaining FSSAI Registration 

FSSAI registration is mandated for all Food Business Operators (FBOs) to run their businesses legally in India. Different types of eligibility criteria for different types of businesses are:

FSSAI Registration

The basic FSSAI Registration is required by all FBOs categorised as small-scale food businesses. It covers:

• FBOs with yearly revenues of not more than INR 12 Lakh
• Small retailers
• A person manufacturing and selling food on his own
• Person distributing food at religious or social gatherings (expect a caterer)
• Food sales by temporary food stalls
• Small-scale or cottage industry
• Small business with the following capacity:

S.No	Business	Capacity
1.	Food Production (except milk and meat)	Up to 100kg/litre per day
1.	Procurement, handling and collection of milk	Up to 500 litres per day
2.	Slaughtering	2 large animals/10 small animals/50 poultry birds per day
3.	Transportation	Single vehicle
4.	Vending Machine	Up to 12 vending machines in only one state/UT

Eligibility Criteria for Obtaining FSSAI License

FSSAI license is mandated for all Food Business Operators (FBOs) to run their businesses legally in India. FSSAI License is categorised into two different categories:

1. State FSSAI License 

All FBOs with medium-sized manufacturing units, transporters, marketers, traders, etc., require a State FSSAI License to function legally in India. It covers:

• FBOs with yearly revenue between INR 12 Lakh and INR 20 Crore
• Businesses involved in wholesale and transportation with yearly revenue of more than INR 30 Crore 
• Grains, Cereals, Pulses milling units with no specific production capacity
• Business with the following capacity:

S.No	Business	Capacity
1.	Food Production (except milk and meat)	1MT to 2 MT per day
2.	Procurement, handling and collection of milk	501 to 50,000 litres per day
3.	Slaughtering	3-50 large animals/11-150 small animals/51-1,000 poultry birds per day
4.	Transportation	100 vehicles
5.	Vending Machine	Up to 100 vending machines
6.	Storage	Up to 10,000 MT
7.	Hotel	One, Two, Three and Four Star Rating

The validity of the license issued is:

• Minimum one year
• Maximum five years

2. Central FSSAI License 

All FBOs with a yearly revenue of over INR 20 Crore and businesses with an annual turnover of INR 30 Crore (transportation and wholesaler) require a Central FSSAI License to function legally in India. It covers:

• FBOs operating in two or more than two states
• Importers and exporters
• Proprietary and non-specified food 
• Food or health supplements
• Nutraceuticals
• Radiation processing of foods
• Food Business Activities at the premises of Central Government Agencies
• Caterers, restaurants, canteens, hawkers or petty retailers at the premises of railway stations
• E-commerce food business
• Large-scale businesses with the following capacity:

S.No	Business	Capacity
1.	Food Production (except milk and meat)	More than 2 MT per day
2.	Procurement, handling and collection of milk	More than 50,000 litres per day
3.	Slaughtering	More than 50 large animals/150 small animals/1,000 poultry birds per day
4.	Transportation	More than 100 vehicles
6.	Vending Machine	More than 100 vending machines located in two or more than two states/UTs
6.	Storage	More than 10,000 MT
7.	Hotel	Five Star Rating or More

The validity of license issued is:

• Minimum 1 year
• Maximum 5 years

Benefits of Obtaining an FSSAI License

Food Business Operators (FBOs) that obtain FSSAI licenses are exposed to multiple benefits. Some of these benefits are listed below:

• The freedom to operate legally
• Guarantee of adherence to food safety standards
• Facilitates in building goodwill and boosts the brand value of the business 
• Helps earn the confidence of the customers
• Establishes awareness amongst the consumers
• Helps regulate the manufacturing, storing, distribution and selling of imported food products
• Facilitates fundraising from investors by earning their trust
• The FSSAI logo acts as a trust seal on quality assurance to the consumers
• The registration number at production/manufacturing facilities communicates the compliance of quality and hygiene standards 
• It helps avoid paying hefty penalties on grounds of violation of rules and compliance 
• Easy access to government funding and loans
• Gateway to expand business operations 

Documents Required for New FSSAI License and Registration Certification

Food business operators in India can’t ignore documents needed. The documents required for obtaining FSSAI Registration and Licenses are:

S.No	FSSAI Registration	FSSAI State License	FSSAI Central License
1.	Identity Proof – Aadhar, etc.	Identity Proof – Aadhar or any other government-issued document	Import-Export Code issued by the Directorate General of Foreign Trade (DGFT)
2.	Address Proof	List of Directors/Management	Ownership Proof of the Premises
3.	Details of FBO	Form B	Form B
4.	NOC from the local administration	NOC from Central Ground Water Authority (GCWA)	NOC from local administration
5.	Form IX	Form IX	Form IX
6.	Raw material source for manufacturing	Detailed Layout setup and dimensions	For 100% EOU, Certificate from Ministry of Commerce (GoI)
7.	-	List of equipment and machinery with numbers	Food Safety Management Plan
8.	-	Certificate Copy of – COOP Act -1861/Multi-State COOP Act-2002	Certificate Copy of – COOP Act -1861 and Multi-State COOP Act-2002
9.	-	Self-Declaration for Proprietorship/Partnership Deed	Source of Raw Material
10.	-	Recall Plan for Produced Food Items	List of Types of Equipment and Machinery with number
11.	-	-	Report - Chemical Examination of Water
12.	-	-	NOC from Ministry of Tourism is business is a Hotel

Procedure for Renewal of FSSAI Registration and License

The procedure to apply for renewal of FSSAI registration and License is as follows:

• File an application in Form A for the renewal of FSSAI registration along with the signature of the applicant and government identity proof
• File anapplication in Form B for the renewal of the FSSAI State License and FSSAI Central License, along with the signature of the applicant and government identity proof
• For FSSAI License renewal, the applicant must submit the audit report, FSMS plan, Certificate or Self-Declaration about the Food Safety Management System
• FSSAI License renewal also requires filling up of Form IX for nomination of persons 
• Declaration by authorised signatory confirming the compliance of Food and Safety Standards Act, Hygiene and Sanitary Practices
• The renewal request is subject to scrutiny and verification
• The end-to-end renewal process takes about 60 working days 
• In case the applicant receives no information about the renewal status, they are free to conduct their business  

Violations and Non-Compliance

All registered and licensed FBOs are mandated to adhere to the FSS Act, 2006. 

In case the FBOs fail to apply for the renewal of the FSSAI License ahead of its expiry date, the License stands cancelled on its due expiry date. The FBOs will no longer be able to operate under the expired license and function with an expired license. Based on the inspection report of the Food Safety Officers, FBOs are marked as:

• Compliance (C)
• Non-compliance (NC)
• Partial compliance (PC)
• Not applicable/Not observed (NA)

The non-compliance and failure to amend or make improvements as per the report attract penalties. 

Penalty and Offences for Violations and Non-Compliance

Violations of the FSS Act 2006 and failure of compliance attracts different types of penalties. Below is the list of various penalties for different types of non-compliance:

S.No	Type of Violation/Non-Compliance	Penalty
1.	Non-compliance of Food Quality as per FSS Act, 2006	INR 2 Lakh Petty manufacturer – INR 25,000
2.	Sub-Standard food	INR 5 Lakh
3.	Misbranded Food	INR 3 Lakh
4.	Misleading Advertisement or False Description	INR 10 Lakh
5.	Extraneous matter in food	INR 1 Lakh
6.	Non-Compliance of directions by Food Safety Officer	INR 2 Lakh
7.	Unhygienic Manufacturing or Processing	INR 1 Lakh

Food Safety Compliance System (FoSCoS) 

FoSCoS is a technologically improved version of the outdated Food Licensing and Registration System (FLRS). It is more user-friendly and makes the registration process easier for applicants. The upgraded version was needed to fix the loopholes offered by the FLRS, which, despite a grand debut, failed to meet the dynamic demands of the country's evolving digital ecosystem.

What is the Registration Fees for FSSAI License and Registration?

Corpbiz is a team of professional consultants that helps its clients with their end-to-end FSSAI License and Registration needs. The FSSAI Registration fee starts from INR 100, while the FSSAI State License fee starts from INR 2,000 to INR 5,000 plus 18% GST per annum. The FSSAI central license fee starts from INR 7,500 per annum.   

Timeline for FSSAI Registration

It takes anywhere between 25 to 30 working days to obtain FSSAI registration from the concerned authorities.

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