State FSSAI License in India

State FSSAI License

Every food business owner must obtain an FSSAI license to carry out their food business operations in a state. FSSAI stands for Food Safety and Standards Authority of India. It is a self-governing body. It was established by the Government of India's Ministry of Health and Family Welfare.

FSSAI is in charge of preserving and improving public health by monitoring and regulating food safety. Every Food Business Operator (FBO) who wants to start a food business in a state must acquire a 14-digit FSSAI food license.

With a valid FSSAI food license, starting a food business in any state is simple. A food license is required for all food units that are involved in food-related businesses such as processing, packaging, production, relabeling, marketing, import and distribution, or a 100% export unit.

With the advancement of technology, FSSAI online registration is now possible, and with the help of Vakilsearch you easily obtain your license without leaving your home.

Benefits of State FSSAI License

Consumer Awareness: Nowadays consumers are becoming more aware of food quality and standards. Consumers prefer FSSAI-compliant food before purchasing food from outside sources. Obtaining a food license, therefore, gives you a direct advantage in rapidly expanding your customer base
Significance of FSSAI Logo: FSSAI only provides licenses for businesses with the highest standards of hygiene. So, if you have a food license, you can show the FSSAI logo on the menu card, packing bags, pamphlets, etc. The FSSAI logo on the food product brings superior quality to your product over others.
Business Expansion: When you have a valid food license, it is much easier to expand your company to new regions or to open new outlets. It will make it much easier to get the loans to grow the company, as it gives the individual or bank offering the loan a sense of trust.

Checklist Eligibility for FSSAI State License

Dairy units like milk chilling units designed to handle or treat milk more than 500 to 50,000 litres per day or 2.5 to 2.500 million tons of milk solids annually
Vegetable oil processing units and even vegetable oil units via the solvent extraction process and refineries including the oil pressing units producing up to 2 million tons every day or having an annual turnover of ₹12 lakh and above
Meat processing units with a capacity of up to 500 kg per day, or 150 MT per year
All food processing units that even include those that repack and relabel with a capacity of more than 100 kg per litre and up to 2 million tons per day and includes all units of grain, cereals, and pulses.
Storage business owners that have loads of 500 to 50,000 million tons, excluding those that have a controlled environment
Wholesalers with a turnover of up to ₹ 30 crores per annum. Vendors, distributors, suppliers, and catering companies with up to ₹ 20 crores of annual turnover
Owners of establishments selling food such as dhaba, as well as clubs and canteens with a turnover of ₹12 lakhs per year
Hotels with a minimum rating of 3 stars, and below 5 stars. Restaurants with turnover up to ₹ 20 crores
Marketers who have ₹ 20 crores of turnover annually. Transporters that have at least 100 vehicles or wagons, or up to ₹30 crores per year.

Features of FSSAI State License

If the food operator does not obtain an FSSAI license, they fall under the legal offence proceedings and are penalised for ignorance
Obtaining an FSSAI license is a one-time expense. The license is valid for 1-5 years, depending on the scale and requirements of the particular business
Every person involved in food operations such as manufacturing, retailing, transporting, or in any way dealing with food products must obtain a state license
The issue of a license or certificate of registration is governed by the terms of the Food Safety and Standards Regulations 2011
The requirement for FSSAI licensing or registration varies according to a food business' type and nature of operations.

Types of FSSAI License

FSSAI issues three different forms of food licenses in India. They are

FSSAI Central License: The central government issues the FSSAI central license. The FBO shall be authorised for its headquarters if it is operational in more than one state. This FSSAI central license is necessary for FBOs such as exporters, importers, producers, operators etc. in central government facilities such as airports, seaports, etc.
FSSAI State License: The state government issues the food license for the state. The FBO must receive the license from the state government if the food business is present or performs operations in just one state. FBOs such as small and medium-sized enterprises, retail chains, transporters, suppliers, marketers, etc., must secure the FSSAI state license. It is mainly provided to units with an annual turnover exceeding ₹ 12 lakhs.
FSSAI Basic Registration: The state government issues the FSSAI basic registration if the annual turnover is under ₹ 12 lakhs. FBOs such as small-scale producers, dealers, hauliers, distributors, retailers, etc., who are compliant with the minimum specifications will be registered with the system.

Procedure for Registration of FSSAI License

Step 1: Visit the food safety officer to get Form A or B. It will be based on your annual turnover. Depending on the qualification criteria of your food business, you can apply in form B to the concerned central licensing authority
Step 2: You need to add a self-attested declaration necessary to abide by the Food Safety and Standards Act's rules
Step 3: The respective authorities for FSSAI License renewal will inspect your food business and documents
Step 4: The licensing officials shall issue the FSSAI License renewal within 60 days
Step 5: If an FSSAI License renewal is not declared within 60 days of receiving your application, or if the candidate has not received any notification in this regard, the candidate could begin his/her food business without waiting for further information.

This is how you can get an FSSAI license when you apply it manually or through Vakilsearch, where our legal experts will take care of the entire process.

Documents Required for Food License

A disclosure form declaring all features stated are true
An authorisation letter to apply for an FSSAI central license
Form A or Form B
Cancelled cheque copy
A self-declared copy of the Food Safety Management System Plan
Your passport-size photographs
Copy of rent agreement or the documents of the property
Copy of NOC by Municipality or Panchayat
If you own a food factory or bases, business papers are required
In case the office premises is leased property, a model of the rent agreement is required
Additionally, a self-declared copy of the Food Safety Management System Plan
A copy of the electric power and water bill of the business community
Moreover, a copy of the Aadhar card of the owner or manager of the company.

Consequences and Penalties for Non-Compliance

Each individual authorised or approved by the FSSAI must follow the rules and regulations outlined in the Food Safety and Standards Act of 2006. The food security officer conducts a general inspection of the food production facility and agrees on compliance using the checklist.

The food protection officer describes it in keeping with the standard of conformity as

Compliance (C)
Non-compliance (NC)
Partial compliance (CP)
Not observed/Not applicable (NA).

The following are the penalties for non-compliance with Food Safety and Standards Act.

If the food quality does not comply with the Act, the fine amount is ₹ 25,000 for a small manufacturer of ₹ 2 lakh turnover
If the food is below standards, the fine is ₹ 5 lakhs
For misbranded foods -The fine amount is ₹3 lakhs
With an inaccurate representation of the product or deceptive advertising- The fine amount is ₹ 10 lakhs
For non-compliance with Food Safety Officer's instructions- The penalty value is ₹ 2 lakhs
For unhygienic manufacturing or processing -The fine amount is ₹ 1 lakh
For extraneous food items -The fine sum is ₹ 1 crore.

Penalty if a Company Operates Without an FSSAI License

A food business owner or operator conducts business operations without acquiring an FSSAI license shall be punishable as specified in the Act. The person or firm found guilty of any violation may be punished with up to six months ' imprisonment and a fine.

Penalty if the Food Article Is Sub-Standard

If a person or a company is found selling substandard quality food and flouting the compliance requirements, the same shall be penalised with a fine.

Penalty if a Food Item Is Below the Specified Standard

If an individual or a business is found selling lower quality food and violating the criteria of enforcement, then it shall be penalised with a fine. The owners or companies exempted for non-compliance under subparagraph (2 ) of section 31 of this Act shall be liable for a penalty.

Penalty for Faulty Branding

If an individual or a business produces or engages in the storage, selling, distribution, or importation of misbranded food products, a penalty shall be levied with a fine. He or she will either have to destroy those food items or take immediate measures.

Penalty for Food Items Containing Unwanted or Foreign Matter

When an individual or a corporation manufactures, sells, or imports food products for human consumption that are found to contain extraneous or alien content, they are liable for a fine.

Role of Food Safety Standard Authority of India (FSSAI)

The Food Safety and Standards Authority of India (FSSAI) is a statutory body set up by the Government of India to regulate food safety in the country. The FSSAI is responsible for laying down standards for food, registering food businesses, and monitoring food safety compliance.

The FSSAI plays a vital role in ensuring the safety of food in India. The authority has set up a comprehensive system for food safety regulation, which includes:

Food safety standards: The FSSAI has laid down standards for all types of food, including processed foods, raw foods, and beverages. These standards cover the safety of ingredients, the manufacturing process, and the labeling of food products.
Registration of food businesses: All food businesses, regardless of size or location, must register with the FSSAI. This registration process ensures that food businesses comply with food safety regulations.
Monitoring of food safety compliance: The FSSAI conducts regular inspections of food businesses to ensure that they are complying with food safety regulations. The authority also takes enforcement action against food businesses that violate food safety regulations.

Who needs a State FSSAI License?

The following food businesses need to obtain a State FSSAI license:

Food processing units
Restaurants
Hotels
Caterers
Retail food stores
Vending machines
Cloud kitchens

The State FSSAI license is valid for one year and must be renewed annually. The cost of the license varies depending on the type of food business and the state in which it is located.

Why Vakilsearch?

Vakilsearch tech online platform is the most effective legal service platform for all your legal needs in India. We have a team of expert lawyers who will guide you through the FSSAI registration process for any state. We have a team of professionals for each state who are dedicated to getting the FSSAI license complied with the respective state rules. Vakilsearch’s experts guide you throughout the entire process, making it less stressful to handle everything.

You can get assistance from our team of food license experts at Vakilsearch with completing registering for the FSSAI license from start to finish. Feel free to talk to our experts at Vakilsearch if you have any queries regarding food license registration.

FAQ's on State FSSAI License

Is it necessary to hold an FSSAI license when I have a small business selling homemade goods online and offline?

Yes, even with the small home business selling homemade food online and offline, FSSAI registration is necessary. The annual turnover for registration should be up to ₹ 12 lakhs.

What is the validity of an FSSAI license?

The validity of the FSSAI license may vary from one year to five years. Depending on the validity of your license, you may have to apply for renewal.

Can a designated official cancel FSSAI registration?

Yeah, if the Food Business Operator (FBO) has not complied with the requirements as well as the notice of improvement, a designated officer will revoke your FSSAI permit. The FBO will get an opportunity to demonstrate cause.

What is the aim of establishing a Food Authority?

The aim of establishing a food authority is to:

Set quality criteria for food
Regulate food production, storage, distribution, selling, and import, etc., to encourage food safety.

Why do I need an FSSAI license registration?

The FSSAI requires the FBOs to obtain an FSSAI license in India for all food business operators. A 14-digit FSSAI license number is required for all FBOs, and it is printed on food packages. FSSAI is obliged to get this license to tackle food and poor product adulteration. FSSAI monitors food licenses of FBOs on a casual basis and takes tough measures on those firms with or without an FSSAI license expired.

What is a statement from the FSSAI?

The FSSAI declaration is a form which shall be signed by the partner or owner of a business applying for an FSSAI license according to the 2.5.1 rule of the Food Safety and Standards Act of 2006.