8 Awesome Tips for Avoiding Delay in FSSAI License

The Food Safety and Standards Authority of India issues the FSSAI License for ensuring the food which is produced in production units is fit for human consumption. Many Food Business Operators (FBO) like Manufacturers, storage units, transporters, retailers, marketers, distributors, and petty food retailers need to get an FSSAI License before starting their business. Nowadays, these authorities delay in issuing FSSAI License.

The Ministry of Health & Family Welfare, Government of India, deals with FSSAI License. Here in this article, we will see why is there a delay in FSSAI License and how to avoid it.

Who needs an FSSAI License?

FSSAI Registration and License

If you want to start a food business, you have to obtain an FSSAI License. On the basis of eligibility and type of business they want to run, food license is of two types, a basic registration and an FSSAI License. FSSAI License is further segregated into Central and State FSSAI License.

For the prevention of food adulteration, you will need a food license before entering this industry. It is a mandatory requirement irrespective of the type of business. This was done to ensure that food products are safe, pure, and nutritious.

FSSAI Registration Process

Following is a step by step process for FSSAI Registration-

1. The applicant has to submit Form A for FSSAI Registration.
2. The authorities have to either accept or reject the application within 7 days from the date of filing the application.
3. On acceptance, the department will issue the certificate along with a registration number and a photo of the applicant.
4. The FBO has to display this certificate at the place of business.

Earlier, FSSAI registration used to take less time. But, the government is now taking time to issue these licenses. Because of this, the food industry is suffering from serious issues.

Delay in Registration Process

Earlier, FSSAI registration used to take a maximum of 2 months. However, the government authorities are taking more than 2 months for approving a single license. 

Reasons for Delay in FSSAI registration

• A lot of applications are not addressed by the Designated Officer due to which the food licenses are not processed on time.
• Furthermore, many Food Business Operators fail to reply to the queries of the Licensing Authority within the stipulated 30 days. Therefore, a large number of applications are sent back because of this.

Issuance of FSSAI License / Registration

The Authorities have proposed measures for avoiding delay in FSSAI Registration under letter dated 24th May, 2019 from the Joint Director (RCD) FSSAI to the Commissioners of Food Safety of all States/UTs. As per the FSS (Licensing and Registration of Food Business) Regulations, 2011, government mandates issuance of license within a specified day. Following are few key points for issuance of licenses and registration certificate-

• The authorities will issue the registration certificate on the 8^th day of application if it is not attended by the Licensing authorities till the 7^th day.
• Moreover, if the authorities do not issue license within 60 days, then they have to issue it on the 61st day from the filing of application.
• If the Designated Officer leaves the FSSAI License unaddressed till the 75^th day, the authorities will issue FSSAI License on the 76^th day from the date of filing the application.
• But most importantly, if the Food Business Operator fails to reply back to the queries of the Licensing Authorities within a span of 30 days, then his application will be deemed to be rejected on the 31^st day.

Rights of the Food Business Operators in case of delay

• If the license is still not obtained within 60 days, they can commence business.
• Similarly, if the authorities fail in granting the registration in 7 days or if no decision is taken within 30 days in case queries were raised, the applicant may commence his business.

8 Tips for avoiding delay in FSSAI License

The food industry is one of the most rewarding industries in India. Therefore, there are few tips for avoiding delay in FSSAI License. Now let’s discuss a few tips for avoiding delay in FSSAI License-

1. If you are planning to get a food license, then select the right kind of food business. You need to find the correct kind of business and choose the food product categorisation code. The authorities provide a quick link for the categorisation code. 
2. The applicant has to submit a set of documents.
3. The authorities have to find the eligibility for filing the central/ state license in accordance with the type of business.
4. The applicant has to know the mandatory conditions of food business licenses. Additionally, they have to get knowledge about payment modes and the treasury heads.
5. The applicant has to nominate one technical person for supervising the production. He should have a degree in science or degree/diploma in food technology, etc.
6. If the licensing authorities issue queries, the applicant has to respond to the queries within  30 days. Moreover, if not done on time, the authorities will reject the application. If the authorities reject the application, the applicant can file an appeal to the Food Safety Commissioner.
7. If the Licensing Authorities don’t respond in 15 days, the applicant can write to the Food Safety Commissioner.
8. In case you are extracting ground water for carrying the business, get a No Objection Certificate from the Central Ground Water Authority. Applicant has to submit this along with Form B of the application for FSSAI License. This is also one of the reasons for the delay in FSSAI License.

Conclusion

We can say that FSSAI registration is not a lengthy process.  The government authorities have aptly handled loads of applications for FSSAI registration. But lately, they are delaying the process. If you follow the tips for avoiding delay in FSSAI License, then you will get the entire license in no time. No food business can operate without the license; therefore make sure you have one before entering the business.

For more information, on FSSAI License, Please contact our team of experts at LawyerINC.