Food Law Relaxations/Extensions for Covid-19-Affected Food Industries

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Relaxations

Impact of Relaxations

1

Permission to temporarily operate food business (other than Manufacturers) on the basis of 17-digits Application reference number:

• All FBOs other than manufacturers are permitted to operate their food business temporarily on a request basis.

• Such FBOs shall apply to FosCoS by applying online at their prescribed fee and shall have a valid application receipt having a reference number of seventeen numbers.

• FBO is to notify the concerned licensing/registration authorities/Food Safety Commissioner of the start of the food company by e-mail, including a scanned copy of the application form M included. The application form is included in the application form.

• The same has to be signed by the applicant's owner/manager/partner or senior employee.

• The contact details of a Commissioner of Food Safety are available at Click Here.

• The said relaxation is available only to those applicants who have the requisite permission from State/ relevant local authorities to operate in the lockdown/ restrictions/ curfew etc. The FBO shall cease his operations at the premises related to food unless he has obtained a valid FSSAI licence/ registration as applicable, within 30 days after the expiry of this relaxation.

2.

In the case of Manufacturers, they are allowed to operate their food businesses with higher capacity, on the basis of an application for modification of License:

• Such FBOs shall be required to apply for modification of FSSAI license by making an online application with the prescribed fee through online mode on FoSCos and possess a valid receipt of the application having a 17-digits application reference number

3.

Limited Inspections and re-inspections allowed:

• No new FSSAI registration inspections are required except for the production of high-risk food products such as milk and milk products, slaughterhouses, meat and meat products etc.

• Similarly, there must be no routine inspections required.

• In selected instances, however, food security authorities may perform re-inspections on the basis, as required under existing FSS Act 2006 rules and regulations, of risk profiling eg dairy and milk products, homes for slaughter, meats and meat products etc or in case of food urgency and incidents and complaints.

4.

Extension for the timeline for submission of online Annual Returns

through FoSCoS

• The timeframe was extended until 30th June 2021 for presenting annual reports (D-1) for the period 2020 to 21 for filing on or prior to 31st May 2021.

• The same must be filed by mandatory online mode, i.e. FOSCOS (see FSSAI Order No 15(31)2020/FoSCoS/RCD/FSSAI on 18 Dec 2020 for more detailed instructions).

5.

Waiver of late fee for renewing the license:

• It has been decided to waive the late charge if the renewal of a licence is not applied for at least 30 days before the licence expires [see to FSS (Licensing and Registration of Food Businesses) Regulations 2011 Regulations 2.1.7(2) and 2.1.7(4)].

• The late payment is between Rs. 100 and Rs. 3000. No late fee shall be charged for renewal of licences until 30 June 2021, i.e. no late fee for the renewal application shall be chargeable, if filed on or before 30 June 2021 (as stipulated by the Regulation).

• The licence renewal and registration process are completed completely online and renewals can be submitted no earlier than 180 days before the expiry of the licence and registration, it is advised that food companies submit their renewal application on time to prevent their licences and registration expiries from occurring and causing them unnecessary problems.

• It is specified that late fees will be charged on renewals submitted after June 30, 2021, in accordance with the FSS (Licensing and Registration of Food Businesses) Regulations 2011.

6.

Extension of tenure of Hygiene Rating Audit Agencies recognized by FSSAI for verification of Hygiene Rating of Food Establishments-

• Given the industry's challenges as a result of the Covid-19 epidemic, the Competent Authority has decided to prolong the validity of the following Hygiene Rating Audit Agencies (HRAAs) for another three months, implemented May 1, 2021. (i.e from 01.05.2021 to 31.07.2021).

Notification Link: Click Here

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Particulars

Fine

1

Food quality not in compliance with the act

2 Lakh Petty manufacturer – 25,000/-

2

Sub-standard food

5 Lakh

3

Misbranded Food

3 Lakh

4

Misleading advertisement or false description

10 Lakh

5

Extraneous matter in food

1 Lakh

6

Failure to comply with Food safety officer direction

2 Lakh

7

Unhygienic processing or manufacture

1 Lakh