Legal Framework for Registration and Licensing under FSSAI Laws.

[YAGAY andSUN]

The legal framework for registration and licensing under the Food Safety and Standards Authority of India (FSSAI) is established under the Food Safety and Standards Act, 2006 and its associated regulations. This framework aims to ensure the safety, quality, and hygiene of food products available for consumption in India. Below is a detailed overview of the legal framework for registration and licensing under FSSAI:

1. The Food Safety and Standards Act, 2006 (FSS Act)

The FSS Act, 2006, is the primary legal instrument that governs food safety and establishes FSSAI as the authority responsible for implementing its provisions. The key provisions of the Act related to registration and licensing include:

• Section 31 (Food Business Registration and Licensing): This section mandates that any food business operator (FBO), including manufacturers, importers, retailers, wholesalers, and street vendors, must register with or obtain a license from FSSAI, depending on the scale of their business.
• Section 32 (Registration of Food Business Operators): The Act requires that small-scale food businesses (with an annual turnover of less than ₹12 lakhs) must register with FSSAI.
• Section 33 (Licensing of Food Business Operators): Businesses with a higher turnover (above ₹12 lakhs) or those involved in manufacturing, processing, or distributing food on a larger scale must apply for a state or central license.

2. Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011

These regulations provide detailed procedures for obtaining FSSAI registration and licenses. The regulations classify food businesses into three categories, based on the size and scope of their operations:

• Basic Registration: For small-scale FBOs (turnover below ₹12 lakhs), including street vendors, small eateries, and local food vendors.
• State License: For medium-scale FBOs (turnover between ₹12 lakhs and ₹20 crore), such as larger restaurants, food processing units, and food traders.
• Central License: For large-scale FBOs (turnover above ₹20 crore), which include manufacturers of packaged food, large-scale food importers, and large hotels or chain restaurants.

3. The Food Safety and Standards (Packaging and Labeling) Regulations, 2011

These regulations specify requirements for the labeling of packaged food products. While not directly related to registration, FBOs must comply with these regulations to ensure that food products are labelled correctly, with accurate information regarding ingredients, nutritional value, allergens, and expiration dates. This is essential for obtaining an FSSAI license.

4. Food Safety and Standards (Contaminants, Toxins, and Residues) Regulations, 2011

This regulation lays down the maximum permissible limits of contaminants, toxins, and residues in food. Food businesses must comply with these standards to ensure food safety, which is a key part of the registration and licensing process.

5. The Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011

These regulations define food product standards and permissible food additives. FBOs must ensure that the food they manufacture, sell, or distribute adheres to the prescribed standards for safety and quality. Adherence to these regulations is a key condition for obtaining an FSSAI license.

6. Other Relevant Acts and Regulations

• The Prevention of Food Adulteration Act, 1954 (repealed by FSS Act, but still referenced in some cases for legal proceedings).
• The Consumer Protection Act, 2019: Ensures that consumers are protected from unsafe or misrepresented food products.
• The Bureau of Indian Standards (BIS): Ensures product quality standards in specific food categories, such as milk and milk products.

7. FSSAI Guidelines and Policies

• FSSAI's Food Safety Management System (FSMS): FSSAI encourages FBOs to implement food safety management systems and hazard analysis critical control point (HACCP) principles.
• Good Manufacturing Practices (GMP): FBOs must adopt good manufacturing practices and maintain food safety standards during production and distribution.
• Good Hygiene Practices (GHP): FSSAI provides detailed guidelines for maintaining hygiene at food establishments, which is crucial for obtaining and maintaining registration.

8. Penalties for Non-Compliance

Non-compliance with the FSSAI registration and licensing provisions can lead to penalties under the FSS Act, including:

• Suspension or revocation of license: If an FBO violates food safety standards or fails to meet required regulations.
• Fines and Prosecution: If an FBO sells unsafe or adulterated food, they can be fined or prosecuted under the FSS Act, with penalties ranging from ₹1 lakh to ₹5 lakh and imprisonment.

9. Food Safety Compliance and Enforcement

FSSAI, through its State Food Safety Authorities (SFSA), conducts regular inspections and audits to ensure that FBOs comply with the Act and regulations. This may include monitoring food quality, cleanliness, hygiene, and labeling practices.

Summary

• FSSAI Registration and Licensing are governed by the Food Safety and Standards Act, 2006 and its supporting Regulations (such as the Licensing and Registration Regulations, 2011).
• All food businesses, including street vendors and vehicle food businesses, must comply with these legal provisions to operate legally in India.
• The registration and licensing system is designed to ensure food safety and protect public health.
• FBOs must adhere to the specified standards and maintain hygiene and quality, as mandated by FSSAI.

By following the legal framework laid out in the FSS Act, food businesses ensure that they comply with food safety laws and provide safe, hygienic food to consumers.