FSSAI operationalises the FSS (Licensing and Registration of Food Business) Amendment Regulations, 2020

Apr 07, 2020 | by Avantis RegTech Legal Research Team

Commercial Compliance

The Food Safety and Standards Authority of India (FSSAI) on March 27, 2020, has issued direction in order to operationalise the Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations, 2020. The Authority had framed the FSS (Licensing & Registration of Food Business) Amendment Regulations, 2018, approved on November 06, 2019, which is under the process of being notified.

But keeping in mind the public health interest and to ensure food safety and fair practices in food business operations, FSSAI has decide to operationalise the following provisions of these Regulations, those are:-

Ø  In Regulation 2.1.9, which specifies the “Modifications, Expansion or Changes in premise(s) after grant of license or registration”, stating that the Food Business Operator (FBO) shall submit the original license to the Licensing Authority along with a fee of Rs. 1000/- along with differential amount of annual fee in case of upgradation of license for effecting necessary changes.

Ø  The Regulation 2.1.17 related to “Fee and other charges” has been inserted, namely:-

“(1) The fee and other charges under these Regulations shall be as prescribed by the Food Authority in accordance with the Section 82 of the Act.

(2) The non-payment of prescribed fees and charges, action against FBO shall be initiated in accordance with sub-regulation 2.1.8."

Ø  The Regulation 2.1.18 related to “Testing” has been inserted, namely:-

“Manufacturing/Processing license holder shall implement and maintain a system of control to ensure the quality of his production or process by means of a specific plan of testing so that the food product or process comply with the relevant regulations/standard(s):

Provided that the Food Authority may specify the periodicity of the tests to be carried out on certain products or category of products. Provided further that Food Authority may also specify the tests to be carried out inhouse along with the required laboratory and the testing personnel.”

Ø  The Regulation 2.1.19 related to “Inspection and Audit” has been inserted, stating that the Commissioners of Food Safety shall draw plans for periodic inspections of food businesses in their respective jurisdiction on the basis of risk associated with food and the establishment. The Food Business operator shall be required to get a food safety audit done by one of the third-party auditing agencies or auditors recognized by FSSAI at its own cost.

Ø  The Regulation 2.1.20 related to “Food Safety Supervisor” has been inserted, stating that the FBOs hall ensure training of Food Safety Supervisor under training programmes of FSSAI. Food Safety Supervisor shall supervise the food handlers and also ensure their training.

Ø  The Regulation 2.1.21 related to “Scheme for Facilitators” has been inserted, stating the Food Authority may empanel individuals/companies/organisations to facilitate the food business operators in applying for Registration/License and the related activities such as modifications, and submission of annual returns and annual declaration with such terms and conditions as may be determined by the Food Authority.

These above-mentioned Regulations shall come into force with immediate effect.

[Notification No. 15(6)2017/FLRS/RCD/FSSAI]


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