The importance of food laws has grown tremendously high due to the rising risks associated with health hazards and food product adulteration. To combat these issues, the Food Safety and Standards Authority of India has implemented a wide range of stringent laws and regulations focusing on improving and guaranteeing hygiene and ensuring safety. The FSSAI’s solid commitment leaves no room for compromise when it comes to protecting the well-being of consumers.
In India, obtaining an FSSAI food licence is one of the most important steps in starting a food business. Delays in acquiring certificates have a number of negative consequences for food businesses, so it is vital to minimise delays in the granting of licences and ensure that they are obtained as soon as possible.
Significance of FSSAI Food Licence for Food Businesses
The importance of FSSAI food licence for businesses in India can be understood through the following:
- Consumer Awareness: Obtaining an FSSAI Food Licence ensures that consumers are informed about the safety and standard regulations followed by food establishments.
- Quality Assurance: The FSSAI Food Licence provides a high level of assurance regarding the quality of food and services offered by restaurants.
- Legal Compliance: By obtaining the FSSAI Food Licence, food establishments demonstrate their commitment to operate within legal boundaries. They undergo inspections and audits to ensure compliance with food safety and hygiene regulations, protecting both the consumers and the business from legal entanglements.
- Business Expansion: The type of FSSAI Food Licence obtained by a restaurant determines the scope of its operations. By complying with the FSSAI regulations, restaurants can pursue expansion opportunities such as opening branches, participating in catering services or launching food products, depending on the specific licence they hold. This allows for growth and diversification within the food industry.
Reasons for Delay in Obtaining FSSAI Licence by Food Businesses
Given below are the major reasons for delay in getting FSSAI licence by businesses in India:
- Backlog of Applications: One of the primary reasons for delays in obtaining an FSSAI Licence is the backlog of applications. The Designated Officer responsible for processing the applications may have a large number of pending applications to address, leading to delays in the approval process.
- Unaddressed Applications: The delay can occur when the Designated Officer fails to address or process the applications in a timely manner. This can be due to various factors like resource constraints or administrative inefficiencies.
- Failure to Respond to Queries: Food Business Operators (FBOs) may experience delays if they fail to respond to queries raised by the Licencing Authority within the specified timeframe.
- Incomplete Documentation: Another reason for delay is the submission of incomplete or inadequate documentation by FBOs.
- Verification and Inspection Processes: The FSSAI Authority may conduct thorough verification and inspection processes to ensure compliance with food safety standards, which may take time.
- External Factors: Delays in obtaining an FSSAI Licence can also occur due to external factors beyond the control of the FBOs or the authority. These factors may include changes in regulatory requirements, legal proceedings or unforeseen circumstances that impact the processing timeline.
- Capacity and Infrastructure Challenges: In some cases, delays may arise due to capacity and infrastructure challenges within the FSSAI Authority. Insufficient resources, technical limitations or administrative constraints can contribute to delays in processing licence applications.
12 Easy Ways to Avoid Delays in FSSAI Food Licence Registrations
Given below are 12 methods of avoiding inordinate delays in obtaining FSSAI food licence registrations in India:
- Choose the Right kind of Food Business
Selecting the appropriate type of food business is the initial and most significant step to prevent any delays in obtaining a food licence. In our country, there is a wide range of food enterprises, each offering distinct opportunities. Therefore, it becomes essential to correctly identify the most suitable type of food business that aligns with your requirements. This step is pivotal before proceeding with the food licence application, as it enables you to swiftly acquire the licence from the relevant food licencing authority. Understanding the various categories of food businesses available and determining the one that suits your needs best is imperative in making an informed decision.
- Select the Correct Food Product Categorisation Code
Food business operators must select the relevant food product categorisation code, for which the food licencing authorities provide a rapid access link.
- Submit the Complete and Correct Set of Documents
Following the selection of the appropriate food product category code, you must submit the relevant set of required papers on the website in order to register an application for an FSSAI licence.
Documents Required for FSSAI Licence in India:
FSSAI Basic Registration:
- Form A of Application for Registration under FSS Act.
- Passport Size Photo
- Identity Proof (Voter ID Card, PAN Card, Driving Licence, Passport, Aadhar Card)
- Declaration form(for compliance with the authority’s regulations)
State Licence:
- Form-B must be completed and signed (in duplicate) by the proprietor, partner, or authorised signatory.
- Passport Size Photo
- Identity Proof (Voter ID Card, PAN Card, Driving Licence, Passport, Aadhar Card)
- Declaration form(for compliance with the authority’s regulations)
- Address Proof (Rent agreement or electricity bill and NOC)
- NOC from Municipal Corporation (if using groundwater as a water source)
Central Licence:
- Form-B has to be completed and signed (in duplicate) by the proprietor, partner, or authorised signatory for central licence also.
- Passport Size Photo
- Identity Proof (Voter ID Card, PAN Card, Driving Licence, Passport, Aadhar Card)
- Declaration
- Address Proof (Rent agreement or electricity bill + NOC)
- NOC from Municipal Corporation (if using ground water as a water source)
- Import Export Code (in case of importer/exporter)
- Find out if you meet the requirements for a basic, state or central food licence registration
Following this, you must determine your qualifying criteria for a state Food Licence or a central Food Licence, depending on the sort of business you pick.
- Prepare for your food inspection
Prepare for your food inspection in the fifth phase. A representative from the food licencing authority comes to your establishment to inspect the food quality. A food authority official not only evaluates the quality of the food, but also the environment in which it is prepared. The authority conducts this inspection to assess food quality and determine whether the food cooked is safe to eat. It also takes inspection very seriously because it is a statutory criterion. If the quality of your food falls short of the level specified by the body, your food licence application will be denied.
- Food Businesses Must Meet Licence Requirements
The food licencing authority has specified several mandatory standards to comply with, like the sanitary and hygienic requirements, optimum quality of raw materials, etc. that every food business operator must satisfy in order to be eligible for a central/state food licence.
- Understand all payment modes and Treasury Heads
One of the reasons for the delay in obtaining an FSSAI licence is the selection of an appropriate payment mechanism. When paying for an FSSAI licence, you should be aware of the time it takes for each payment mode to reach the state/central government. You must also be familiar with treasury heads. You must understand which treasury heads receive payments from food business operators. It is necessary to be mindful of this so as to avoid delay in the registration process. The faster the payment mode, the sooner it will reach the state/central authority and the faster it will be approved.
- Nominate a technical person to oversee the manufacturing process
To avoid delays in obtaining a food licence, you must appoint at least one technical expert to oversee your production process and check that everything is in order. This is only applicable to manufacturers in the food business and not restaurants. The technical person appointed by the food business operator must have at least a bachelor’s degree in science with chemistry/bio chemistry/microbiology, food & nutrition or a diploma in food technology/dairy chemistry/dairy microbiology/dairy technology/dairy engineering/Veterinary science/oil technology/hotel management and catering technology from a recognised institute or university.
- Nominate One Person to Comply with Licence Requirements
Food licencing conditions must be followed by all food company owners. A food business operator should appoint one person to determine whether or not the licence criteria are met. Any competent person can be considered for this role as the only purpose is to ascertain that the criteria for getting the licence in the desired category is fulfilled. In such circumstances, you must also complete and submit Form IX.
- NOC from the Central Ground Water Authority (If required)
If you are extracting ground water and using it for food processing, you must obtain a NOC from the CGWA and submit it with Form B of your licence application.
- Complaint to the Food Safety Commissioner
To prevent having your licencing application rejected, you must respond to the licencing authority’s enquiries within 30 days. If your licence is denied, your only option is to appeal to the commissioner of food safety.
- If a Licencing Authority does not answer within 15 days in the event of a State Licence or Registration Certificate, or if a Licencing Authority does not react to a Central Licence.
If there is a delay in receiving a response from the Licencing/Registering Authority within the stipulated 15-day period for the State Licence or Registration Certificate application, it is recommended to take the following course of action. Write a formal letter to the Commissioner of Food Safety of the respective State/Union Territory, highlighting the details of the application and expressing concerns regarding the lack of response. Include supporting documents and follow up with the Commissioner’s Office to ensure that the matter is addressed promptly and efficiently.
If the Licencing Authority fails to respond to your Central Licence application, please reach out to the food authority via email at enforcement1@fssai.gov.in.
Final Thoughts
Obtaining an FSSAI food licence is important for food businesses in India to ensure compliance with food safety regulations and provide safe and high-quality food to consumers. To avoid delays in licence registrations, it is important to choose the correct type of food business, select the appropriate food product categorisation code and submit the complete set of required documents.
Understanding the eligibility criteria for basic registration, state licence and central licence is essential. Further, preparing for food inspections, meeting licence requirements and appointing technical experts and compliance officers can streamline the process. Additionally, prompt communication with the licencing authority and following up on queries are vital to avoid unnecessary delays in the process. Our team of experts at StartupFino can provide the necessary help to make your application hassle free and efficient.
For more information on ways to avoid delays in FSSAI food licence registration for businesses in India, connect with our experts at StartupFino.
