Editor's note: This article was originally published on July 3, 2024, and was updated on September 11, 2024, as per the latest developments. The updated contents are marked in red below.
On July 3, 2024, in order to facilitate business, the Food Safety and Standards Authority of India (FSSAI) introduced the instant issuance of licenses and registrations for certain food business categories, including importers. The instant issuance is initially rolled out in the states and union territories of Assam, Delhi, Gujarat, Jammu & Kashmir, and Kerala starting from June 28, 2024. This rollout excludes partnership and registered firms. The validity of the instant license and registration is one year. Effective from August 31, 2024, FSSAI has extended this provision nationwide excluding the States/UT of Chandigarh, Himachal Pradesh, and Meghalaya.
Background
All food businesses in India shall be registered or licensed in accordance with the procedures in the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011. In addition, the license or registration is categorized to three types, i.e., central license, state license and registration. Specifically, all importers importing food items including food ingredients and additives for commercial use shall fall under the purview of the central licensing authority. With regard to waiting days, licenses are typically be granted within 60 days and registrations within 7 days.
Key changes
To expedite the licenses and registrations process, the FSSAI decides to enable instant issuance of licenses and registrations for specific food business categories as below:
Food businesses allowed for instant issuance of license and registration | Food categories allowed |
Importer | All food categories allowed |
Merchant exporter | All food categories allowed |
Wholesaler | All food categories allowed except meat and fish |
Distributor | All food categories allowed except meat and fish |
Retailer | All food categories allowed except meat and fish |
Transporter | All food categories allowed except dairy, meat, and fish |
Storage without atmospheric controlled cold | All food categories allowed except meat and fish |
Food vending agencies | All food categories allowed except meat and fish |
Direct seller (From July 10, 2024) | All food categories allowed except meat and fish |
Petty retailer of snacks/tea | All food categories allowed except meat and fish |
Hawker (itinerant/mobile food vendor) | All food categories allowed except meat and fish |
The instant issuance will be facilitated through FSSAI's Food Safety Compliance System (FoSCoS) and subject to digital verification through Goods and Services Tax (GST), Corporate Identification Number (CIN), Permanent Account Number (PAN), AADHAAR, and other relevant documents. The existing procedures for applying and obtaining licenses and registrations are still effective. The following table introduces existing digital verifications that are required.
License/registration | Digital verification required |
License | Proprietorship firms: GST and AADHAAR. Partnership or Registered Firms: CIN/GST and AADHAAR. |
Registration | Petty FBOs: PAN and AADHAAR Petty retailer of snackers/ tea shops and hawker: only AADHAAR is required |
Additionally, applicants are required to declare that they do not possess a valid license or registration for the same premises or that their license/registration has not been suspended or cancelled in the past three months. They are also required to upload photographs of the food business unit, including images of the entrance/front facing of the unit, to help identify the unit which enjoys the instant issuance of licenses/registrations. The entire annual fee for the license and registration must be paid at the time of application.
Instantly granted licenses/registrations will carry the following disclaimers:
The license/registration is based on self-declaration by the applicant.
Any false declaration will attract a penalty of up to Rs.10 lakhs (approximately 12,000 USD).
The license/registration copy cannot be used to claim ownership of the premises.
Enforcement authorities retain the power to conduct inspections and take action as necessary.
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