FSSAI REGISTRATION/LICENSE & COMPLIANCE - FSSAI Compliance
Delivering trust, meeting standards
The Food Safety and Standards Act, 2006 (FSS Act), and the rules and regulations under the act form the legal bases for food safety in India and elaborate food safety compliance requirements of FSSAI. FSSAI lays down food safety standards in the country with periodic checks in the form of audits, testing and inspections; more recently, it has empanelled third party auditors for food businesses and training of food handlers, which indicates a push for self-compliance as a salient feature of food safety regulations.
- FSSAI Registration & Licensing
- Conducting regular Food, Beverage, Air & Swab (Hand & Food contact surfaces) Tests
- Conducting Hygiene Audits or Inspection
- Vendor Audits or Inspection
- Pre – Transportation & Dispatch Audits
- Food Safety Standards System Plan (FSMS)
- Regular Medical Check-ups of Food Handlers
- Documentation
- Penalties
- Implementation of solutions provided
- Form C, format of License
- Form E, guarantee of quality
- Compliance of Packaging and Label Declaration
- Advertisement Standards Council of India (ASCI)
- Compliance with Laws on Weights & Measures
- Compliance with other laws applicable to food industry
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- FSSAI Registration & Licensing-
FSSAI Basic registration- Food businesses whose turnover is below 12 Lakhs Annually.
FSSAI State license- Food businesses whose turnover is more than 12 lakhs but below 20 crores annually.
FSSAI Central license- Food businesses whose turnover is more than 20 crores annually. If FBO is operating in more than two states, he is required to have a Central license and one for every state as the central license can cover a maximum of two states.
Manufacturing, packing, selling or importing any pre-packaged commodity is prohibited unless it is in standard quantity and carries all prescribed declarations.
Any advertisement mentioning the retail price of packaged commodity should also contain the net quantity thereof.
Legal Metrology (Packaged Commodities) Rules, 2011-
It is punishable if any pre-packaged commodity is packed with error in net quantity beyond the limit prescribed in the Rules.
Declarations under the Act and Rules should be legible and prominent. For example, the Net Content and MRP must be very clear. The language has to be English or Hindi in Devnagari script. Regional languages may be used in addition only and not as a replacement.
Environment Protection Act, 1986- This Act incorporates rules for the manufacture, use, import and storage of hazardous microorganisms / substances / cells used as foodstuff.
The Bureau of Indian Standards (BIS)- BIS is the National Standard Body of India established under the BIS Act 2016 for the harmonious development of the activities of standardization, marking and quality certification of goods and for matters connected therewith or incidental thereto.
1] Regulatory Compliance
FSSAI ensures that the law and provisions of FSSAI Act are complied.
2] Improvement & Prohibition Notices
Improvement Notices
– Issued by Designated Officer – Failure to comply results in suspension / cancelation of license
– Appeal to Commissioner of Food Safety
Prohibition Notices
– Court can issue prohibition notice if:
- Food Business Operator is convicted of any offence under this Act and
- Health risk exist with respect to that business
– Prohibition as to:
- Use of process or treatment
- Use of premises or equipment
- Participation of any FBO in the management of any food business
– Application can be made for lifting of prohibition order
3] Sampling of Food
- The Food Safety Officer is authorized to pick samples of food for analysis by following the procedure:
– Shall call one or more witnesses while lifting of samples – Obtain signatures from the witnesses in all documents
– Serve the notice in Form VA to the FBO regarding the same
– Serve notice to the manufacturer/ distributor/ supplier in case the FBO obtains the product from them
– In case of drawing sample from an open container, to be drawn in original condition
– Pay the cost of such sample to the person concerned calculated at the rate at which article is sold to public
– Take samples in clean, dry bottles or jars which shall be closed to prevent leakage and ensure that it is sealed
– The bottles and jars should be properly labelled carrying code no. of the sample, name of the sender with official designation, date and place of collection, nature of articles being sent for analysis, nature and quantity of preservatives, if any and parcel shall be properly addressed
- The sample is then sent to the Food Analyst for testing
4] Food Recall
- All Food Business Operators (FBO) to have up-to-date Food Recall Plan
- Recall Plan to be in written form
- Available to the Food Authorities on request
- Initiation of Food Recall
– By FBO if food is unsafe or non-compliant
– May be initiated as a result of reports / complaints by manufacturers, wholesalers, importer, exporter, distributors, retailers, consumer, media, government agencies, Food Authorities
– If FBO does not initiate food recall, consumer / complainant may report to the Food Authorities who can direct food recall
– Food Authorities may on its own direct recall of food that is unsafe or non-compliant.
– FBO in the entire distribution chain to implement recall instructions of the recalling FBO and report to recalling FBO
– Recall of imported food products can also be initiated
– Food Authority to monitor recall of exported food products
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This information is in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Mind Sync does not accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any information provided herein. On any specific matter, reference should be made to the appropriate advisor.