Jan 7, 2012
Licensing and Registration of Food Businesses under FSSR, 2011
With effect from August 5, 2011, the Food Safety and Standard (Licensing and Registration of Food Business) Regulations, 2011, have come into force and all the food business operators have to comply with these requirements.
Henceforth, all food business operators in the country will be registered or licensed in accordance with the procedures laid down hereunder, the summary of which is presented below for awareness:
Registration of petty food business
" All petty food business operators shall register themselves with the registering authority by submitting an application for registration as prescribed in these rules.
" The petty food manufacturer shall follow the basic hygiene and safety requirements provided in Part I of Schedule 4 of these regulations and provide a self-attested declaration of adherence to these requirements with the application.
" The registering authority shall consider the application and may either grant registration or reject it with reasons to be recorded in writing or issue notice for inspection, within 7 days of receipt of an application for registration.
" The registering authority shall issue a registration certificate and a photo identity card, after completing the process and which shall be displayed at a prominent place at all times within the premises or vehicle or cart or any other place where the person carries on sale / manufacture of food in case of petty food business.
" The registering authority or any officer or agency specifically authorised for this purpose shall carry out safety inspection of the registered establishments at least once in a year.
License for food business
No person shall commence any food business unless he possesses a valid license.
" Provided that any person or food business operator carrying on food business on the date of notification of these regulations, under a license, registration or permission, as the case may be, under the Acts or Orders mentioned in the Second Schedule of the Act shall get their existing license converted into the license / registration under these regulations by making an application to the licensing / registering authority after complying with the safety requirements mentioned in the Schedule 4 contained under different parts dependent on nature of business, within one year of notification of these regulations.
" In case of difficulty, the licensing authority with the approval of the food safety commissioner in the state will determine the advisability of applying any specific condition keeping in view the need to ensure safety of food and public interest.
" No license fee will have to be paid for the remaining period of the validity of the earlier license or registration granted under any of the said Acts or Orders.
" Non-compliance with this provision by a food business operator will attract penalty under Section 55 of the Act.
" License for commencing or carrying on food business, which falls under Schedule 1, shall be granted by the Central Licensing Authority, provided that food authority may through notification make such changes or modify the list given in the Schedule I as considered necessary.
" License for commencing or carrying on food business, which are not covered under Schedule 1, shall be granted by the concerned state / UTs licensing authority.
" Further no person shall manufacture, import, sell, stock, exhibit for distribution or sale any article of food which has been subjected to the treatment of irradiation, except under a license obtained from Department of Atomic Energy under the Atomic Energy (Control of Irradiation of Food) Regulations, 1996.
List of food business falling under the purview of Central Licensing Authority
" I. Dairy units including milk chilling units equipped to handle or process more than 50,000 litres of liquid milk / day or 2,500 MT of milk solid per annum.
" II. Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit having installed capacity more than 2 MT per day.
" III. All slaughter houses equipped to slaughter more than 50 large animals or 150 or more small animals including sheep and goats or 1,000 or more poultry birds per day.
" IV. Meat processing units equipped to handle or process more than 500 kg of meat per day or 150 MT per annum.
" V. All food processing units other than mentioned under (I) to (IV) including relabellers and repackers having installed capacity more than 2 MT / day except grains, cereals and pulses milling units.
" VI. 100% Export Oriented Units.
" VII. All importers importing food items including food ingredients and additives for commercial use.
" VIII. All food business operators manufacturing any article of food containing ingredients or substances or using technologies or processes or combination thereof whose safety has not been established through these regulations or which do not have a history of safe use or food containing ingredients which are being introduced for the first time in the country.
" IX. Food business operator operating in two or more states.
" X. Food catering services in establishments and units under Central government agencies like railways, air and airport, seaport, defence etc.
General requirements on hygienic and sanitary practices to be followed by all FBOs applying for Registration and License
" For those applying for registrations, the requirements are very basic and primarily to ensure safe and hygienic sourcing, handling, storing, serving and prevention of contamination of food. These are applicable to the street food vendors as well as to the units other than manufacturing and processing.
" Further, the elaborate licensing requirements are applicable to the food establishments, other than those who apply for registration, in which food is being handled, processed, manufactured, packed, stored, and distributed by the food business operator and the persons handling them should conform to the sanitary and hygienic requirement, food safety measures and other standards as specified below.
" It shall also be deemed to be the responsibility of the food business operator to ensure adherence to necessary requirements.
" In addition to the requirements specified, the food business operator shall identify steps in the activities of food business, which are critical to ensure food safety, and ensure that safety procedures are identified, implemented, maintained and reviewed periodically.
" These requirements are explained under 12 main heads and in general based on the generally acceptable guidelines of the good manufacturing practices and good hygiene practices. The compliance to these requirements is one of the pre-requisite to get a new license by way of submission of food safety plan adopted or certificate. It may be noted that in case of units falling under Central licensing it has to be a certificate from accredited agency.
1 Location and surroundings
2 Layout and design of food establishment premises
3 Equipment & containers
4 Facilities
4.1 Water Supply
4.2 Cleaning utensils and equipments
4.3 Washing of raw materials
4.4 Ice and steam
4.5 Drainage and waste disposal
4.6 Personnel facilities and toilets
4.7 Air quality and ventilation
4.8 Lighting
5 Food operations and controls
5.1 Procurement of raw materials
5.2 Storage of raw materials and food
5.3 Food processing / preparation, packaging and distribution / service
5.4 Food packaging
5.5 Food distribution and service
6 Management and supervision
7 Food testing facilities
8 Audit, documentation and records
9 Sanitation and maintenance of establishment premises
9.1 Cleaning and maintenance
9.2 Pest control systems
9.3
10 Personal hygiene
10.1 Health status
10.2 Personnel cleanliness
10.3 Visitors
11 Product information and consumer awareness
12 Training
Apart from these requirements there are certain specific requirements for those manufacturing, processing, storing and selling of milk and milk products, meat and catering and food service establishments.
Henceforth, all food business operators in the country will be registered or licensed in accordance with the procedures laid down hereunder, the summary of which is presented below for awareness:
Registration of petty food business
" All petty food business operators shall register themselves with the registering authority by submitting an application for registration as prescribed in these rules.
" The petty food manufacturer shall follow the basic hygiene and safety requirements provided in Part I of Schedule 4 of these regulations and provide a self-attested declaration of adherence to these requirements with the application.
" The registering authority shall consider the application and may either grant registration or reject it with reasons to be recorded in writing or issue notice for inspection, within 7 days of receipt of an application for registration.
" The registering authority shall issue a registration certificate and a photo identity card, after completing the process and which shall be displayed at a prominent place at all times within the premises or vehicle or cart or any other place where the person carries on sale / manufacture of food in case of petty food business.
" The registering authority or any officer or agency specifically authorised for this purpose shall carry out safety inspection of the registered establishments at least once in a year.
License for food business
No person shall commence any food business unless he possesses a valid license.
" Provided that any person or food business operator carrying on food business on the date of notification of these regulations, under a license, registration or permission, as the case may be, under the Acts or Orders mentioned in the Second Schedule of the Act shall get their existing license converted into the license / registration under these regulations by making an application to the licensing / registering authority after complying with the safety requirements mentioned in the Schedule 4 contained under different parts dependent on nature of business, within one year of notification of these regulations.
" In case of difficulty, the licensing authority with the approval of the food safety commissioner in the state will determine the advisability of applying any specific condition keeping in view the need to ensure safety of food and public interest.
" No license fee will have to be paid for the remaining period of the validity of the earlier license or registration granted under any of the said Acts or Orders.
" Non-compliance with this provision by a food business operator will attract penalty under Section 55 of the Act.
" License for commencing or carrying on food business, which falls under Schedule 1, shall be granted by the Central Licensing Authority, provided that food authority may through notification make such changes or modify the list given in the Schedule I as considered necessary.
" License for commencing or carrying on food business, which are not covered under Schedule 1, shall be granted by the concerned state / UTs licensing authority.
" Further no person shall manufacture, import, sell, stock, exhibit for distribution or sale any article of food which has been subjected to the treatment of irradiation, except under a license obtained from Department of Atomic Energy under the Atomic Energy (Control of Irradiation of Food) Regulations, 1996.
List of food business falling under the purview of Central Licensing Authority
" I. Dairy units including milk chilling units equipped to handle or process more than 50,000 litres of liquid milk / day or 2,500 MT of milk solid per annum.
" II. Vegetable oil processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller unit having installed capacity more than 2 MT per day.
" III. All slaughter houses equipped to slaughter more than 50 large animals or 150 or more small animals including sheep and goats or 1,000 or more poultry birds per day.
" IV. Meat processing units equipped to handle or process more than 500 kg of meat per day or 150 MT per annum.
" V. All food processing units other than mentioned under (I) to (IV) including relabellers and repackers having installed capacity more than 2 MT / day except grains, cereals and pulses milling units.
" VI. 100% Export Oriented Units.
" VII. All importers importing food items including food ingredients and additives for commercial use.
" VIII. All food business operators manufacturing any article of food containing ingredients or substances or using technologies or processes or combination thereof whose safety has not been established through these regulations or which do not have a history of safe use or food containing ingredients which are being introduced for the first time in the country.
" IX. Food business operator operating in two or more states.
" X. Food catering services in establishments and units under Central government agencies like railways, air and airport, seaport, defence etc.
General requirements on hygienic and sanitary practices to be followed by all FBOs applying for Registration and License
" For those applying for registrations, the requirements are very basic and primarily to ensure safe and hygienic sourcing, handling, storing, serving and prevention of contamination of food. These are applicable to the street food vendors as well as to the units other than manufacturing and processing.
" Further, the elaborate licensing requirements are applicable to the food establishments, other than those who apply for registration, in which food is being handled, processed, manufactured, packed, stored, and distributed by the food business operator and the persons handling them should conform to the sanitary and hygienic requirement, food safety measures and other standards as specified below.
" It shall also be deemed to be the responsibility of the food business operator to ensure adherence to necessary requirements.
" In addition to the requirements specified, the food business operator shall identify steps in the activities of food business, which are critical to ensure food safety, and ensure that safety procedures are identified, implemented, maintained and reviewed periodically.
" These requirements are explained under 12 main heads and in general based on the generally acceptable guidelines of the good manufacturing practices and good hygiene practices. The compliance to these requirements is one of the pre-requisite to get a new license by way of submission of food safety plan adopted or certificate. It may be noted that in case of units falling under Central licensing it has to be a certificate from accredited agency.
1 Location and surroundings
2 Layout and design of food establishment premises
3 Equipment & containers
4 Facilities
4.1 Water Supply
4.2 Cleaning utensils and equipments
4.3 Washing of raw materials
4.4 Ice and steam
4.5 Drainage and waste disposal
4.6 Personnel facilities and toilets
4.7 Air quality and ventilation
4.8 Lighting
5 Food operations and controls
5.1 Procurement of raw materials
5.2 Storage of raw materials and food
5.3 Food processing / preparation, packaging and distribution / service
5.4 Food packaging
5.5 Food distribution and service
6 Management and supervision
7 Food testing facilities
8 Audit, documentation and records
9 Sanitation and maintenance of establishment premises
9.1 Cleaning and maintenance
9.2 Pest control systems
9.3
10 Personal hygiene
10.1 Health status
10.2 Personnel cleanliness
10.3 Visitors
11 Product information and consumer awareness
12 Training
Apart from these requirements there are certain specific requirements for those manufacturing, processing, storing and selling of milk and milk products, meat and catering and food service establishments.
Food and Safety Authority of India to invite suggestions
The Food And Safety Authority of India is issuing shortly a notification inviting suggestions from the public and trade bodies regarding 400 standards fixed for various food items,a top official said today.
The present Act had been brought amalgamating seven different acts concerned with the food industry,V.N.Gaur, Chief Executive Officer of the Authority, said. "We have taken the old standards into consideration during the framing of the act.We are not happy with the present standards and there is scope for improvement and polishing". he said participating in an awareness programme on Food Safety Standards Act. The suggestions will be examined by a scientific committee,under which a panel of 120 scientists are working.
The CEO rejected the argument that the Act would come in the way of feeding people,starving in the country. He said the issue(setting standards will come in the way of feeding poor people)was discussed even at the World Food summit where a resolve was made to bring down number of people suffering from chronic hunger from a billion to 50 per cent by 2015.
While Government's philosophy was not to hang wrongdoers,it wanted punishment to be deterrent for violators, he said. "We want the stake holders to come along with us.The act is yet to be implemented in some states,while in other states people have been prosecuted under the act." "We have to see what happens in the months to come.The problems in implementing the act..we will take it to the notice of the Government,and it should consider it.But any penalty should not be convenient,it should be deterrent.We are strong on that," he said.
The Primary food produce from the farm had been exempted from the ambit of the act.But at the same time the Government was launching a major programme for the farmers so that they used less fertilsers and harmful pesticides following certain practices.
There will be a massive awareness programme for the farmers also."It is being taken up in a big manner." The programme was organised by the Madurai District Tiny and Small Industries Association.
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