FSSAI Updates Documentation Requirements for Food Business Licensing in India

Introduction

The Food Safety and Standards Authority of India (FSSAI) has released an important advisory that clarifies the documentation needed as proof of premises for food business licensing applications. This update aims to streamline the licensing process for Food Business Operators (FBOs), alleviate common challenges, and ensure regulatory compliance via the FoSCoS online portal.

What's New in FSSAI’s Advisory?

On 12th April 2024, FSSAI released an official clarification, expanding and updating the list of supporting documents for establishing evidence of premises. The amendment settles recurring doubts posed by FBOs and promotes ease of doing business in the food business.

Mandatory Documentation: Detailed Overview

FSSAI is presently accepting more documents as valid evidence of premises. Below is an overview of each valid document, including requirements and best practice for compliance:

1. Sale Deed, Rent, or Lease Agreement

• Requirement: Must be at least six months valid from the date of application.
• Description: Confirms the FBO's legal right to occupation of the premises. For example, a bakery in Mumbai needs to submit a lease agreement with a minimum validity of six months on date of application.
• Tip: Ensure the agreement is recent and for the entire intended operation period.

2. Government-Issued Proof of Address

• Requirement: For self-owned premises, a government-issued proof of address such as Voter ID or Aadhaar card.
• Description: For home-based food businesses. For instance, a Chennai-based home-based pickler would have to submit their Aadhaar card with the business address.
• Tip: The document address must be the same as the business location.

3. Land Authority Premise Registration Documents

• Requirement: Municipal or land authority registration or mutation certificates.
• Description: Confirms the status of the property. For instance, a food processing unit at Bengaluru can furnish its municipal registration certificate.
• Tip: Ensure the document is not too old and has the correct business address.

4. Property Tax Receipt, Insurance, or Fire Safety Certificate

• Requirement: A property tax receipt (not older than one year), an insurance certificate, or a fire safety certificate.
• Description: Demonstrates fulfillment of local taxation and safety regulations. A restaurant in Delhi may put forward its recent property tax receipt or fire safety certificate.
• Tip: Choose the latest and relevant document to be used as evidence for your application.

5. Utility Bills

• Requirement: The required utility bills (electricity, water, gas, broadband) must be from authentic providers, stamped within three months.
• Description: Acts as a proof of continued activity at the premises. For example, a Pune-based dairy factory can submit its latest electricity bill.
• Tip: Ensure bills carry a date within three months and well-stated business address.

Input 6. Other Government-Issued Documents

• Requirement: Any other supporting document provided by a government or authorized agency attesting to the premises.
• Description: Provides room for special configurations, e.g., shared office spaces. For example, a Hyderabad-based food enterprise may propose a work area allotment letter from the governing body.
• Tip: Double-check with the licensing officer if in doubt about the acceptability of a document.

Key Considerations and Obligations for FBOs

Room for Designated Officers

Designated Officers can also accept other documents that clearly show possession of the premises by the FBO, which is helpful for non-conventional structures. such as food trucks.

Document Purpose

Documents are for proof of possession, not ownership. This is important for FBOs in leased or rented premises so as to avoid disqualification due to non-ownership of the premises.

Consistency of Document Names

The documents must be the same name as that of the FBO so as not to incur rejection or delay in applications due to naming inconsistency.

Continuous Compliance: Changes and NOCs

FBOs shall have to take all necessary approvals and No Objection Certificates (NOCs) from the respective government departments, such as municipal corporations and fire services. Any modifications after they have received the license must be updated on the FoSCoS platform free of charge. For example, restaurants must post new fire safety certificates for on-going compliance.

Requirement of Self-Declaration

FBOs must provide a self-declaration stating that they have a commitment to procuring all the licenses and NOCs in the licensing process.

Special Provisions: Shared Workspaces and Relabellers

FSSAI has introduced some special guidelines recognizing the growing trend of shared workspaces and contract manufacturing:

• Shared Workspaces: FBOs must provide evidence from the workspace provider supporting their capability to utilize the premises.
• Relabellers and Contract Manufacturers: Favorably insist on online NOCs from third-party manufacturers through the FoSCoS portal before making a license application, with NOC compliance confirmed by the system.

Why This Advisory Is Important: Key Advantages

• Simplified Licensing: Established documentation requirements lessen uncertainty, accelerating application processing.
• Inclusivity: The extended list accommodates different business models, such as home-based and mobile food businesses.
• Regulatory Clarity: The advisory minimizes disagreements and rejections on account of documentation problems, facilitating smooth compliance.
• Improved Food Safety: Permitting only authentic operators with compliant premises provides an improvement in nation-wide food safety.

Example in Real Life:

Assume there is a cloud kitchen located in Gurugram operating out of a co-working facility. The organization can now produce:

• The allotment letter for the facility by the provider
• Recent electricity bill for the common area
• A self-certification with regard to obtaining all such NOCs, fire safety and health clearances

This flexibility encourages innovative food businesses in a way that is in line with FSSAI norms.

Conclusion

The new FSSAI advisory significantly simplifies and facilitates the proof of premises conditions for India food business licensing. By extending the range of acceptable documents and emphasizing ongoing compliance, FSSAI facilitates FBOs to navigate the regulation process, enabling them to concentrate on supplying safe, high-quality food products to consumers.