corporate law

FSSAI Advisory: Streamlining Food Business License Applications in India

Overview of FSSAI Advisory on License Application Processing

The Food Safety and Standards Authority of India (FSSAI) has issued a critical advisory to enhance the efficiency of the license application process for specific food categories. This initiative aims to expedite processing times and minimize licensing delays.

Background of the Advisory

This advisory follows the execution of Risk-Based Inspections as mandated by order RCD-02001/9/2021, which necessitates pre-license inspections for certain high-risk food categories, including:

  • Milk and milk products
  • Meat and meat products
  • Fish and fish products
  • Fortified Rice Kernels (FRKs)
  • Slaughterhouses
  • Packaged drinking water and mineral water

It is essential to note that packaged drinking water and mineral water not only require pre-license inspections but also annual third-party audits. Conversely, other food categories may obtain licenses based solely on the submission of requisite documentation, eliminating the need for pre-license inspections.

Identified Issues

The FSSAI has recognized that Designated Officers (DOs) occasionally request inspections when they are unnecessary, resulting in preventable delays. Once an application is earmarked for inspection post-document review, it often does not progress within the mandated 15-day timeframe. This delay is visible on the Food Safety Compliance System (FoSCoS) Dashboard, as DOs typically overlook retrieving applications for timely processing.

FSSAI Guidelines

In response to these challenges, the FSSAI has established specific guidelines for Designated Officers:

  1. Exemptions from Pre-License Inspections: The advisory permits exemptions based on third-party audit scores or hygiene ratings pursuant to the revised FSSAI policy.

  2. Documentation Requirements: If a DO deems an inspection necessary for non-mandatory categories, they must provide a written explanation.

  3. Timely Completion of Inspections: Inspections for non-mandatory categories should be finalized within 15 days. Failure to do so necessitates that the application be retracted for further document review and approval.

  4. Inspection Reassignments: If a DO mandates a pre-license inspection, they must either conduct it personally or swiftly assign it to another Food Safety Officer (FSO).

Role of Commissioners

This advisory emphasizes the crucial role of State and Union Territory Food Safety Commissioners and Directors of Regional Offices in actively overseeing licensing applications utilizing the FoSCoS Dashboard. Their responsibilities include ensuring compliance with the timelines stipulated in Clause 2.1.4 of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011, as well as adherence to all relevant FSSAI directives.

Conclusion

The FSSAI's advisory signifies a strategic move to streamline the license application process while ensuring the maintenance of food safety regulations. By offering explicit guidelines and reinforcing the necessity for timely action, the FSSAI is promoting a more efficient regulatory environment and demonstrating its commitment to food safety in India.