In accordance with the guidelines, food business owners and employers should implement a COVID 19 screening protocol to screen all personnel entering the premises. A person with a temperature greater than 99 degrees Fahrenheit and/or flu-like symptoms should not be allowed entry into an establishment.
As part of its mandate, the FSSAI has expanded its scope to encompass the applications of e-commerce food services. This category includes delivery services such as Uber Eats, Swiggy, and Zomato, as well as online grocery stores such as Grofers, Big Basket, etc. FSSAI has recently extended its scope to cover the e-commerce food operators enterprises. There has been tremendous growth in the food e-commerce sector in recent years. It’s important for these platforms to comply with FSSAI, which could be challenging. Lately, e-commerce food enterprises be it delivery groups (Zomato, Swiggy, UberEats) or other online grocery stores (Big Basket, Grofers, etc) has grown tremendously.
E-commerce platforms operate widely, making compliance difficult. According to FSSAI itself, e-commerce platforms often list restaurants that do not have a valid registration under FSSAI. Each aspect of an e-commerce food enterprise has its own guidelines. The information relates to registration, licensing, and listing.
FSSAI for E-Commerce Food Operators
Here is a brief list of all the guidelines issued by FSSAI relating to e-commerce food operators:
As per the guidelines laid down by the FSSAI for e-commerce business operators, there are two types of business models.
- Market-Based Model of E-Commerce: It refers to an e-commerce activity that acts as a link between the buyer and seller by providing a digital platform for networking. It connects the brand owner and the consumer via electronic means.
- Inventory-Based Model of E-Commerce: An e-commerce activity where the inventory of food products and food services is owned by e-commerce FBO and is sold to the customers directly online.
Who are E-Commerce Food Business Operators?
- Digital Platforms or such entities are involved in listing services to all the sellers, manufacturers, restaurants, etc. on their electronic/online platforms. This platform is used to facilitate like-structured commerce operations. E.g.: Zomato.
- When brand owners, manufacturers, producers, or sellers themselves are involved in the display of their products or services (catering, processing, or packaging) for direct sale to customers via either a market-based or an inventory-based e-commerce platform. Eg: Fresh Menu
- Delivery Organizations (like Swiggy) also come under the definition of an e-commerce FBO because it extends the facility of storage and or distribution services to the sellers thus listed on their online portal. It covers transportation from the seller or manufacturer to the consumer directly.
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FSSAI Licensing and Registration Requirement
The 2011 regulation of FSSAI on Licensing and Registration of Food Business mandates all those e-commerce FBOs that are covered within the First Schedule of the said regulation to obtain a license for its operations. Such licenses are issued by the Central Licensing Authority.
FSSAI issued new guidelines in late 2018, following the viral video of a Zomato Delivery Agent eating food to be delivered. Food quality and safety were maintained. For e-commerce FBOs that extend directory services or list products and services, licenses and registration are not required.
However, they are required to clearly give the disclaimer that any violation of FSS and obligation arising therein rests with the sellers, brand owners, vendors, importers, or manufacturers of the food products.
Moreover, these FBOs are required to show compliance with the following guidelines:
- Not provide any false claims or misleading information pertaining to the sellers, brand owners, manufacturers, distributors, retailers, vendors, or other importers.
- Not to display any misleading images of food products or food-related services.
Listing and other Information related Guidelines
E-commerce FBOs including sellers, brand owners, vendors, manufacturers, etc. who are involved in selling pre-packed food to customers via either the market-based or the inventory-based model, require adherence to the following guidelines:
- Display legibly and clearly the display panel which must not include the batch number or lot number, best before, expiry date, and the Maximum Retail Price of the product.
- Provide an indicative image of the product that is to be sold via their e-commerce FBO platform.
- Clearly, state the FSSAI License of the platform or the registration number.
- Provide other information relating to the product or services that shall be made available
- In order to maintain a basic level of quality and hygiene of the food products and services, every e-commerce FBO shall comply with the Food Safety and Standards (Licensing and Registration of Food Businesses], Regulations 2011. The guidelines are stated in Regulation IV of the said regulation.
Conclusion on E-Commerce Food Operators
As a result of increased consumer awareness, the FSSAI has recently given instructions to e-commerce FBOs to implement a complaint redressal mechanism. According to the FSSAI, consumer complaints must be addressed within the time frame prescribed by the Ministry of Consumer Affairs.
FAQs for E-Commerce Food Operators
Can GST be refunded? When can a GST refund be claimed?
RFD-01 is the guide that would help to make use of the GST portal for claiming your refund money in the case of extra GST payments. Understand the procedure for GST registration and GST returns here.
What is the support available for collateral free borrowing?
The support provided by the government for the MSMEs to get collateral-free loans resolves the issue of non-availability of adequate credit.More on Income Tax Return Filing.
My employer deducts and deposits TDS on my behalf. Do I still need to file my Income Tax Return?
Filing the income tax by the employee offers several benefits in knowing about the refund and pending amount with the income tax department.Learn more about ISO Certification.
ISO 9001 certification is valid for how many years?
The validity time for ISO certification is 3 years. It will be given after strict ISO documentation review and ISO implementation review.More info on NGO Registration in india.
Can a Trustee take salary from a trust fund?
Drawing very high amounts than the allotted market rate is illegal. Compensation for professional Trust works is allowable within the rate. Being a Trustee doesn’t permit drawing compensation.More about MSME Registration Online.
