Yes, the module for registration to FSSAI License has migrated to FoSCos from earlier FLRS and it’s a timely move in view of growing need of compliance to safety and standard of food for human consumption.
On the official website of FSSAI i.e, https://fssai.gov.in/ under Menu of Online platforms, one of such platforms is captioned as Food Safety Compliance System (FoSCoS). Upon being clicked it takes you to a different page, i.e, https://foscos.fssai.gov.in/ that has some official announcement. The official announcement on this page website reads as “Food Safety Compliance System (FoSCoS – https://foscos.fssai.gov.in) is operational pan-India wef 1st November 2020 to replace existing Food Licensing and Registration System (https://foodlicensing.fssai.gov.in).” and further “Users of FLRS are now required to visit https://foscos.fssai.gov.in and login through same user IDs and passwords” and yet further: “. FoSCoS has been launched for the users of Indian Railways/Konkan Railways wef 1st January 2021.” The announcement is all about changing the page of registration.
The upgradation has been claimed to have been brought in for some key purposes. And, the aim includes: Enhanced user interface, Higher User Traffic Capability, Platform on national cloud and Intelligent pre-check.
Objective of an FSSAI License
FSSAI License draws authority from THE FOOD SAFETY AND STANDARDS ACT, 2006. This Act mandates that every Food Business Operators (FBO) in India must obtain FSSAI registration for the manufacturing, processing, storage, distribution and sale of food products.
Section 3(n) of the Act defines “food Business” while 3(o) defines “food business operator”
Let’s see the statutory definitions under the FSSA, 2006.
“food business means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients.”
Further,
“food business operator in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder.”
The two definitions read together project a sense that a person/ legal entity needs FSSAI License if the person is related to food business defined under Section 3(n).
For the sake of greater clarity, the object of the Act must be looked at, that reads as:
“An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.”
Effective Enforcement of the FSS Act, 2006
A diverse and giant country of 1.4 Bn people has more than 2000 Acts to govern the conduct of people and transactions within. Additionally, there are tens of thousands of Rules and Regulations framed under those Acts. Under the FSS Act, 2006 too, Central govt and State govt are empowered to make Rules and Food Authority is empowered to make Regulations.
Section 91 provides for Power of Central Government to make rules.
Section 92 provides for Power of Food Authority to make regulations.
Section 94 provides for Power of State Government to make rules.
Accordingly, in order to accomplish the object of the FSS Act, 2006 there are a couple of Rules & Regulation framed available on the official site of FSSAI.
Types of FSSAI Registration and Licenses
Broadly, Basic Registration, State license and Central license are three types of licenses issued to FBOs. This has all to do with registration details that captures business types, turnover and capacity of production, import or distribution.
FSSAI Central License eligibility – If the FBO has a turnover of more than Rs.20 crore per annum and cross border, international transaction of business he has to obtain the FSSAI central license. Form- B is the prescribed form of application that such an FBO applicant.
FSSAI State License eligibility– If the FBO has a yearly turnover of more than Rs.12 lakh and less than Rs.20 crore and has intra state business transaction, he must obtain the FSSAI state license. The prescribed FSSAI registration form for such applicant too, is Form B.
FSSAI Basic Registration eligibility – If the FBO has a yearly turnover of less than Rs.12 lakh he must obtain FSSAI basic registration. The prescribed FSSAI registration form for such applicant is Form A.
Statutory stipulation for different kinds Business Operators in Food Industry, the respective eligibility has been provided at the official website for reference.
Who Fall Under FSSAI Registration Eligibility (Basic)
FSSAI Registration is mere a basic license and it is required for all the business operators engaged in the small-scale food business. Category of small scale FBOs covers the following characteristics:
- An FBO with an annual turnover of not more than Rs. 12 lakhs.
- A Petty retailer dealing in food products.
- A person who manufactures or sells any food article by himself.
- A stall holder doing temporary Food sale.
- Any individual who distributes food in any religious or social gathering except a caterer.
- Small-scale or cottage industries dealing in the food business and the following: i)Food production capacity (other than milk and meat)- Up to 100 kg/ltr per day; ii) Procurement, handling and collection of milk- Up to 500 ltr per day; iii) Slaughtering capacity- 2 large animals or 10 small animals or 50 poultry birds per day or less
FSSAI License for the Importers
Importers community of FBO is a major category and they have to obtain a central License of FSSAI. Apart from compliance of Customs Act and the Rules & Regulations thereunder, FSSAI license is a perquisite for the importers if they are engaged into the import of food items. Frequently asked question for importer community in relation to the FSSAI license has been covered on the official site of Food Safety and Standard Authority of India.
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