In an order passed on 21st January 2015, FSSAI has clarified who are the FBOs who will be permitted from exemption from FSS (Licensing and Registration of Food Businesses) Regulations 2011. FSSAI has also laid down the criteria under which such exemption will be granted.
Up till now registration exemption was permitted for a producer of milk and only if
- the milk producer was registered as a member of a dairy Co-operative Society
- the co-operative society was registered under the Co-operative Societies Act
- the milk producer was selling the entire supply of milk only to the society he was registered with
On the basis on this exemption FSSAI has received exemption requests from registration from a number of Co-operative Societies including Shri Mahila Griha Udyog Lijjat Papad. This woman’s organization is registered under the Bombay Public Trusts Act 1950, Societies Registration Act 1860 and also Khadi and Village Industries Commission since 1966 as a ‘Village Industry.’ Since the organization is registered under so many societies FSSAI has granted exemption to the individual members to get an individual FBO registration under the FSS (Licensing and Registration of Food Business) Regulations 2011.
FSSAI has given merit to Shri Mahila Griha Udyog Lijjat Papad as it has observed that
- The socio-economic condition of these individuals is rather low and they are simply eking out a living for themselves by doing these petty jobs as per their skill-sets
- FSSAI feels that those organizations running and managing a food enterprise on the lines of Khadi and Village Industries must get encouragement
- The Co-operative Society under which these individuals function is taking the responsibility for the quality and safety of the food items produced/ manufactured in these organizations
Since this case can apply to many other organizations, FSSAI has now extended this exemption from registration to all individuals who work with Registered Co-operative as FBOs. Henceforth all such individual members who work as FBOs in societies that are registered under the ‘Co-operative Societies Act’ will be exempt from registering individually as an FBO under the FSS Act 2006 if they fulfill the following conditions.
The individual must be registered as a member of the Cooperative Society
- Such individuals will not undertake to manufacture, sell and supply food products on their own or under their own brand. Each of the members shall supply and sell their entire production to the Cooperative Society only.
- The Cooperative Society registered under the ‘Co-operative Societies Act’, shall obtain the license/ registration for its manufacturing unit, where the processing of the food is undertaken, under FSS Act 2006. The cooperative society will be completely responsible for complying with the conditions of the license as laid down in FSS (Licensing and Registration of Food Business) Regulations 2011 for all its registered members.
- If a registered/ licensed Co-operative Society is seeking exemption from registration for its independent FBOs members then they are required to submit a list of registered members and their particulars to the competent authority. The list must be updated at all times. They also have to display a copy of their license/ registration certificate in a prominent place in their licensed/ registered co-operative premises.