The Food Safety and Standards Authority of India (FSSAI) license is the most important license for any food business. It is aimed at ensuring good quality food and preparation conditions. The basic legislative intent behind introducing this license is to keep a tab on the quality of the output of food products.
Introduction: New Rules for Food Businesses
During the pandemic, FSSAI has played an essential role in ensuring uninterrupted food services and supply. FSSAI has recently announced several notifications regarding inspection, renewal, and operation of food businesses. In this article, we’ll discuss the New Rules for Food Businesses in the Pandemic.
In response to the ongoing pandemic, authorities have introduced new rules and guidelines for food businesses to ensure public safety and prevent the spread of infections. These regulations prioritize the health and well-being of both customers and employees.
Food establishments are now required to implement stringent sanitation practices, including regular disinfection of surfaces, utensils, and equipment. Additionally, they must enforce social distancing measures by rearranging seating arrangements, limiting capacity, and encouraging takeout and delivery services.
Mandatory temperature checks for staff, mandatory mask-wearing, and frequent hand hygiene practices are also essential. These new rules not only safeguard the public but also demonstrate the commitment of food businesses to prioritize health and safety during these challenging times.
Ease of Doing Business in Food Industry After Pandemic
The COVID-19 pandemic has had a significant impact on various industries, including the food business. However, as the world adapts to the new normal, measures have been put in place to ease the process of doing business in the food industry.
Here are three key developments that emerged in response to the pandemic:
Commencing of Food Business Operation Temporarily With Permission
Recognizing the challenges faced by food businesses during the pandemic, many temporary measures were introduced to ease the commencement of food operations.
These measures allow businesses to start their operations with temporary permissions while they work towards obtaining the necessary licenses and permits.
E-inspection for Processing Applications for FSSAI License
Back in 2020, the Food Safety and Standards Authority of India (FSSAI) and other regulatory bodies implemented e-inspection to streamline the application of licenses. This approach allowed for the processing of applications, without the need for physical inspections and paperwork.
By leveraging technology, food businesses would submit their applications online, undergo virtual inspections, and receive their licenses on time. This has expedited the licensing process and minimised physical contact, ensuring the safety of both business owners and inspectors.
Extension of Validity Period for License Which is Due for Renewal
To alleviate the burden on food businesses during the pandemic, authorities extended the validity period for licenses that were due for renewal. This extension provided relief to businesses that may have faced challenges in meeting renewal requirements due to the disruptions caused by the pandemic.
By extending the validity period, businesses were given additional time to comply with regulatory obligations and ensure the continuity of their operations.
Food Testing and Import Clearance – Essential Services
The FSSAI has recently clarified that food testing and import clearances for food items are essential services. Thus, food testing in FSSAI’s notified public and private laboratories are within the purview of essential services, and hence, will not be disrupted.
Inspections
Routine inspections will be put on hold, except in high-risk products like milk and meat. However, e-inspections will continue.
FSSAI has also asked states to ensure that there is no disruption of food supply chains. It is also ensuring that regulatory compliance requirements are not an impediment for operating any food business.
Ease of Operation for New Businesses During the Pandemic
FSSAI has clarified that as an exception, during the pandemic, new food business operators would be allowed to temporarily operate their businesses, if they have received a valid receipt of FSSAI license or have a successful registration application. It is important to note that this is only an interim relief measure and the final license or registration will need to be secured.
For a fresh application to the FSSAI, Vakilsearch’s experts can help you obtain a license at the earliest, to commence your food business.
Ease of Operation for Manufacturers During the Pandemic
FSSAI has clarified that manufacturers are allowed to increase their capacity, on the basis of a valid receipt of FSSAI license or registration application.
Extension in Deadline for Filing Returns & FSSAI License Renewal During Pandemic
FSSAI has clarified that the deadline for returns for 2020-21 has been extended till June 2021. No penalty shall be payable for late apply fssai online for renewal of licences. This provision shall cease with effect from 30 June 30 2021.
Application, as well as renewal of the FSSAI license, can easily be done online by following a few simple steps. Below, we mention what documents you need for an FSSAI license, it’s importance and penalties for failure to renew your FSSAI license.
List of Documents Required for a Hotel
- List of directors with full address and contact details (mandatory for companies only)
- Food safety management system plan or certificate (if any)
- A self-declaration form stating that the food safety management system has been complied with
- Certificate provided by Ministry of Tourism (HRACC) (applicable for hotels only)
- Analysis report (Chemical & bacteriological) of water to be used as an ingredient in food from a recognized/ public health laboratory to confirm the potable (mandatory only for manufacturing and processing units only)
- Partnership deed online/self-declaration for proprietorship/memorandum of articles of association towards the constitution of the firm
- Form IX: Nomination of persons by a company along with the board resolution.
- Photo ID and address proof issued by the government authority to the concern’s proprietor/partner/director(s)/authorised signatory.
List of Documents Required for a Food Processing Unit
- Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only)
- List of directors with full address and contact details (mandatory for companies only)
- Name and list of equipment and machinery along with the number, installed capacity and horsepower used (mandatory for manufacturing and processing units only)
- List of food categories desired to be manufactured in case of manufacturers)
- Analysis report (Chemical & bacteriological) of water to be used as an ingredient in food from a recognized/ public health laboratory to confirm the potable (mandatory only for manufacturing and processing units only)
- Food safety management system plan or certificate (if any)
- Declaration form
- Upload production unit photograph
- Photo ID and address proof issued by the government authority to the proprietor/partner/director(s)/authorised signatory
- Proof of possession of premises (sale deed/ rent agreement/ electricity bill, etc.)
- Partnership deed/ self declaration for proprietorship/memorandum & articles of association towards the constitution of the firm
- Form IX: Nomination of persons by a company along with the board.
What If You Don’t Renew your FSSAI Licence by the Deadline?
If the FoSCos Renewal application is not filed within the stipulated time, a continuing penalty of ₹100 would be charged for each day of delay. Moreover, an expired license cannot be renewed, and a fresh application for a license will have to be filed.
Furthermore, if any person or food business operator (except those exempted from licensing) is required to obtain a license but manufactures, trades sells, or distributes any food article without obtaining a license, they may be sentenced to up to 6 months in prison and a fine of up to ₹5,00,000.
Further, this isn’t something to take chances with. Reach out to the experts at Vakilsearch and make sure you do what’s best for your food business. Hope this blog New Rules for Food Businesses in the Pandemic was helpful.
FAQs
What are the FSSAI Guidelines for Food Handlers?
Food handlers play a crucial role in ensuring food safety. The FSSAI has laid down guidelines to ensure proper hygiene, health, and safety practices among food handlers. To know more, get in touch with our experts right away!
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In the wake of the pandemic, the FSSAI has issued guidelines specific to COVID-19. The emphasis was on minimizing the risk of transmission and ensuring the integrity of the food supply.
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