The FSSAI has addressed a letter dated 07 September 2020 to various Municipal Commissioners/Chief Executive Officer of the various municipal corporations in Delhi and New Delhi which is related to licensing for carrying out food business operations by the Municipalities of Delhi and New Delhi
The FSSAI in the letter has stated that it has been brought to their notice that the Food Business Operators (FBOs) in NCT of Delhi are being mandated to obtain licenses for carrying out food business operations by the Municipalities of Delhi/New Delhi. The FSSAI has pointed out that one such form for obtaining the license for the manufacture/sale/ preparation/exposure for sale/storage of articles of food and drinks under Section- 24 of the Prevention of Food Adulteration Act is available online at https://www.ndmc.gov.in/DownloadabIeForms/Main_Health_Form.aspx
The FSSAI has also informed these Municipal Corporations that with the enactment of Food Safety and Standards Act, 2006, an Act passed by the Hon’ble Parliament of India and with the commencement of Food Safety and Standards (Licensing and Registration) Rules, 2011 which came into effect on 5 August 2011; the sole Authority for the issue of Licenses/ Registration of FBOs in India vests with the Registering Authorities/ Central or State Licensing Authorities duly appointed under the provisions of the said Act by the respective Commissioner of Food Safety (CoFS).
Further, the FSSAI has drawn the attention of the Municipal Commissioners/Chief Executive Officer to Section-89 “Overriding effect of this Act over all other food related laws” of FSS Act, 2006 which states, “The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act.”
Accordingly, in view of above legal position, the FSSAI has requested them to immediately look into the matter and ensure that no separate/additional food licenses are issued by the municipal offices. If any FBO, who is doing business under the jurisdiction of the Municipal Corporation of Delhi/ New Delhi or is planning to start a new food business may be directed to obtain the same from FSSAI. The FSSAI has also requested to share with them if the aforesaid licenses are being issued by the Municipal office for any other purpose or statutory compliance not related to food safety.
The FSSAI has stated that this approach will help in promoting the Ease of Doing Business (EoDB) by streamlining the regulatory and compliance burden on FBOs. Further, in case required FSSAI may share its database for the licensed/registered FBOs in the jurisdiction of Municipal Corporations with their office as per requirements. FSSAI has requested the Municipal offices to take further necessary action in the matter and inform FSSAI at the earliest.
The FSSAI has also sent a copy of this letter to the Commissioner of Food Safety, Department of food safety, Govt. of NCT of Delhi for their information and has requested them to take up the matter further with the respective offices and furnish the action taken report to FSSAI by 30 September 2020.
Source : FSSAI