Introduction and Overview
The Food Safety and Standards Act (FSSA), 2006, is the principal legislation governing all aspects of food safety and quality in India. It established the Food Safety and Standards Authority of India (FSSAI) as the apex regulatory body to create science-based standards and ensure their enforcement across the food supply chain—from manufacturing and storage to distribution, sale, and import. Compliance with this Act and its related rules is mandatory for all Food Business Operators (FBOs) to operate legally.
The Legal and Business Imperative for Compliance
Compliance is not optional; it is a critical requirement for both legal operation and commercial success.
Legal Mandate: The FSSA, 2006, legally obligates every FBO to adhere to prescribed food safety standards. Failure to comply can result in severe consequences, including substantial fines, license cancellation, and legal prosecution.
Business Necessity: Beyond legalities, FSSAI compliance serves as a powerful trust signal to consumers and business partners. It is often a prerequisite for accessing formal markets, securing export clearances, listing on e-commerce platforms, and qualifying for government tenders. Implementing the mandated safety management systems also fosters operational excellence and supports sustainable business growth.
Regulatory Framework: Laws, Rules, and Authorities
The compliance ecosystem is structured as follows:
1. Primary Legislation: The Food Safety and Standards Act, 2006, forms the foundational law.
2. Procedural Rules: The Food Safety and Standards Rules, 2011, outline the procedures for enforcement, officer appointments, and compliance actions.
3. Detailed Regulations: FSSAI issues specific regulations under Section 92 of the Act. Key regulations include those for Licensing & Registration, Food
Product Standards, Labelling & Display, Food Import, Advertising & Claims, and others covering areas like organic food, fortification, and vegan products.
4. Enforcing Authority: The FSSAI, along with State Food Safety Authorities, is responsible for enforcement through inspections, sampling, and regulatory actions.
Key Penalties under the Act
The Act prescribes strict, graded penalties to deter violations: For Selling Unsafe Food (Section 59):
- No injury: Up to 6 months’ imprisonment + fine up to ₹1 lakh.
- Non-grievous injury: Up to 1-year imprisonment + fine up to ₹3 lakhs.
- Grievous injury: Up to 6 years’ imprisonment + fine up to ₹5 lakhs.
- Causing death: Minimum 7 years’ imprisonment (up to life) + minimum ₹10 lakhs fine.
For Operating Without a License (Section 63): Up to 6 months’ imprisonment +
fine up to ₹5 lakhs.
FSSAI Licensing: Types and Criteria
FBOs must obtain one of three licenses, determined by their scale and turnover.
|
Criteria
|
Basic
Registration
|
State
License
|
Central License
|
|
Annual
Turnover
|
Up to ₹12
Lakhs
|
Between ₹12
Lakhs and
₹20 Crores
|
Above ₹20 Crores
|
|
Applicable
To
|
Small
retailers, manufacturers, and petty FBOs.
|
Medium
restaurants, food chains, manufacturers.
|
Large manufacturers, 5-star hotels,
importers/exporters, pan-India operators.
|
|
Mandatory
Central
License
|
Not
applicable
|
Not
applicable
|
Compulsory for specific
businesses regardless of turnover, including importers/exporters, e- commerce FBOs, and operators in airports/seaports or central government agencies.
|
|
Validity
|
1 to 5 years
(Renewable)
|
1 to 5 years
(Renewable)
|
1 to 5 years (Renewable)
|
Eligibility and Required Documents
Eligibility: Virtually every entity handling food commercially is covered. This includes manufacturers, processors, hotels, restaurants, distributors, retailers, transporters, online sellers, importers/exporters, and food testing labs.
Documents Required: Commonly needed documents include:
- Identity & Address Proof: Of the business and promoters/directors.
- Business Proof: Incorporation certificate, PAN, GST registration, partnership deed, etc.
- Operational Details: Proof of business location, layout plan, list of food categories, and a Food Safety Management System plan.
- Activity-Specific Docs: NOC from the manufacturer (for re-packers), health NOCs, or laboratory certificates, as applicable.
Step-by-Step Compliance Process
- Determine Requirement: Identify the correct license type (Basic, State, Central) or specific standards applicable to your business.
- Gather Documents: Compile all necessary documents as per the license category.
- Submit Application: File the application (Form A for Basic, Form B for State/Central) online via the official FSSAI FoSCoS portal.
- Pay Fees: Pay the prescribed government fee online.
- Inspection: A Food Safety Officer may conduct a premises inspection for State and Central license applications.
- Receive License: Upon successful verification, the FSSAI issues the digital license.
Typical Timelines and Government Fees
Processing Time:
-
Basic Registration: 7-14 days
-
State License: 15-30 days
-
Central License: 30-45 days
(Timelines may extend if an inspection is required.)
Government Fees (Approximate Annual):
-
Basic Registration: ₹100
-
State License: ₹2,000
-
Central License: ₹7,500
(Exact fees vary based on business activity and license validity period.)
- Legal Operation:
A) Authorizes you to run your food business lawfully.
- Consumer Trust:
A) The FSSAI logo and license number enhance brand credibility
- Market Access:
A) Unlocks opportunities in modern retail, exports, e-commerce, and B2B Contracts.
- Risk Mitigation:
A) Reduces the risk of food safety incidents and associated legal penalties.
- Systematic Improvement:
A) Promotes the adoption of structured food safety management practices.
Frequently Asked Questions (FAQs)
Q1: Is FSSAI compliance mandatory for all food businesses?
Ans: Yes. Every entity involved in food manufacturing, processing, packaging, storage, distribution, sale, or import must comply with the FSSA, 2006.
Q2: What are the main compliance requirements?
Ans: Core requirements include obtaining the correct FSSAI license, ensuring products meet defined standards, following labeling and packaging rules, maintaining hygiene and safety practices, and adhering to import/export regulations.
Q3: How does FSSAI create its standards?
Ans: FSSAI develops standards through a consultative and scientific process involving expert panels, scientific committees, and stakeholder consultations, as authorized by the FSS Act.
Q4: What are the penalties for non-compliance?
Ans: Penalties range from monetary fines and license suspension to imprisonment, depending on the severity of the violation, as outlined in Sections 59 and 63 of the Act.
Q5: Who enforces the FSSAI regulations?
Ans: Enforcement is carried out by the FSSAI at the national level and by designated State Food Safety Authorities and their officers at the local level.