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Compliance Mechanism under FSSAI:
Mandatory compliance was implemented on April 1, 2021.
W.e.f FY 2020-21, online submission of Annual Returns on Food Safety Compliance System (FOSCO - https://foscos.fssai.gov.in) has been made mandatory for food businesses involved in food manufacturing and importing (window for return filing for FY 2020-21 has open w.e.f 1" April 2021 onwards).
Frequently Asked Questions on FSSAI
Q.: What is an Improvement Notice, and who issues them?
An improvement notice is issued when a Food Business Operator fails to follow the food regulations stated in the FSS Act of 2006. A Designated Officer (DO) of the food safety department can issue an improvement notice.
Q.: When does a DO have the authority to suspend a license?
If a food business owner fails to comply with an improvement notice, the DO can suspend his license after giving him a chance to show cause.
Q.: Is it possible to appeal a notice of improvement, suspension, or cancellation of a license?
Yes, any Food Business Operator (FBO) who is dissatisfied with the improvement notice or suspension/cancellation of their license can file an appeal with the State Commissioner of Food Safety. The Food and Safety Commissioner's ruling will be final. Alternatively, an FBO can appeal the notice to the Food Safety Appellate Tribunal/High Court in their respective States/UTs.
Q.: What is the timeline for filing an appeal with the State Commissioner of Food Safety?
Any FBO may file an appeal with the Commission of Food Safety within 15 days of receiving notice of the decision.
Q.: Is it possible to change the terms of a license? What is the cost of such a change?
You can make changes to your license if you want to. If you want to make changes to the information in Form C, you may be charged a modification fee equal to a one-year license fee. There are no fees for making changes to other parts of the license.
Q.: Is it possible to convert a manually issued license to an online license? How so?
Yes, during the renewal process, you can convert a manually issued license to an online license. You can speak with the Designated Officer in charge of that area. A Designated Officer can then create a USER ID and issue you with a system-generated license number that you can renew online.
Q.: What are the many types of licenses?
Food Business Operators are issued licenses and registrations under a three-tier structure under the FSS (Licensing & Registration) Regulations, 2011, such as: -
- Registration,
- Central License,
- State License.
Q.: If medical stores are selling dietary food and need to get a license or if they are selling dietary foods and or plant-based supplements (nutraceuticals)?
All Food Business Operators, including medical stores, are required to obtain an FSSAI license/registration. It is mandatory, and failure to comply may result in severe penalties.
Q.: In India, how long is the FSSAI license validity?
An FSSAI license can be obtained for a period ranging from one to five years. When applying for an FSSAI License, you can specify how long you want to hold the license. Your fee may also vary depending on the length of time you choose.
Q.: How do you renew your registration/license after it has expired?
You must renew your FSSAI Registration/license before its validity period expires. If you miss the application renewal deadline, you will have to apply for a new FSSAI license if you want to continue operating your food business.
Q.: What is Non-compliance's Consequences under the FSSAI?
Any registered or licensed person under the FSSAI must follow the rules and regulations outlined in the FSS Act of 2006. A food safety officer inspects the food business operator's facility and uses a checklist to determine the level of compliance with the regulation. The food safety officer assigns a mark based on the level of compliance are as follows:
- Compliance (C)
- Non-compliance (NC)
- Partial compliance (PC)
- Not applicable/Not observed (NA)
According to Section 32 of the FSS Act, 2006, the food safety officer may issue an improvement notice if required. If the business operator fails to comply with the improvement notice, the officer may suspend or revoke the license after giving the licensee an opportunity to show cause. Any food business owner who has been harmed by an improvement notice has the right to file a complaint with the State Commissioner of Food Safety. An appeal to the Food Safety Appellate Tribunal/High Court can be made against the decision.
Penalty for Non- Compliance on or after After obtaining an FSSAI license
After obtaining an FSSAI license, you are subject to the regulatory authority of the FFSAI. As a result, strict adherence to all rules and regulations becomes essential. If you violate any of the provisions, you may be subject to fines and penalties. The following is a list of punishable offenses and fines that FBOs who do not follow the FSSAI compliance checklist face:
Penalty for various types of non-compliance are given as below:
Sl. No |
Particulars |
Fine |
|
1 |
Food quality not in compliance with 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 |
Running a food business without Food Safety Compliance System and FSSAI license:
If any food business operator is guilty of not having a valid Food Safety Compliance System & FSSAI license while running a food outlet, thereon he is liable to imprisonment of up to six months along with a fine up to INR 5,00,000/-.
- Does not result in major injury- Punishable for an imprisonment of up to six months and fine up to INR 1,00,000/-.
- Result in non-grievous injury- An imprisonment term of up to a year and fine up to INR 3,00,000/-
- In case of grievous injury- The culprit shall bear an imprisonment term of up to six years and fine up to INR 5,00,000/-.
- Results in death- Since it is a major offense, so the concerned person is subject to an imprisonment of not less than seven years that can further extend up to life imprisonment. Moreover, he also has to pay a penalty of not less than INR 10,00,000/-
Update :
Central Board of Excise & Customs has issued instruction regarding FSSAI Imports related directions on rectifiable labeling information for imported food consignments and import of Clove Stem - reg. (Click here to view)
