FSSAI

New Rules for Food Businesses in the Pandemic 

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. 

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 major developments related to FSSAI with respect to the pandemic. 

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 Opening 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/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 Happens 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 licence 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.

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