According to the Food Safety and Standards (Licensing and Registration of Food Business) Regulations 2011 under Processing of Application for License (2.1.4) and Commencement of Business (2.1.6), if a license is not issued within a period of 60 days or if the applicant has not received any intimation of any inadequacy, then the applicant is permitted to commence his food business and the concerned Licensing Authority shall not deny the applicant to commence with any such food business. Similarly, in the case of petty Food Businesses as per Registration of Petty Food Business (2.1.1), if registration is not granted or denied or an inspection is not ordered within 7 days or no decision is communicated within 30 days, the petty food business operator is permitted to start their business.
However, FSSAI has now received several representations from Food Business Operators regarding non-issuance or non-processing of their License/ Registration applications within the stipulated time frame as prescribed in the Food Safety and Standards Act, 2006 and Rules and Regulations made there under. This causes undue inconvenience and delays in commencing the food businesses of the FBOs.
This matter was taken up with the States/UTs and subsequently placed before the Central Advisory Committee in its 25th meeting that was held on 13 April, 2019. As agreed, upon at the meeting, the FSSAI has now decided to issue License/ Registration in case of unattended applications beyond the prescribed time frame as under
- Issue of Registration: registration will be issued on the 8th day of filing the application, if no action has been taken by the Registering Authority in 7 days from the date of submission of application for registration.
- Issue of License: License will be issued on the 61st day of filing of completed application, if no action has been taken, at the end of the 60th day, by the Licensing Authority on application for license after issuance of Application ID (based on completed application). Also, if any application for license remains unaddressed in DO’s bin for more than 75 days, the License will be issued on the 76th day of filing of initial application.
- Rejection of the FBOs application: an application stands to be rejected on the 31st day from the day that the application is sent back to the FBO for replying to the queries asked by the Licensing Authority and the FBO has failed to reply within the stipulated 30 days
This matter of Licensing/ Registration has come into force on the 30 April, 2019 and necessary provision in this regard has been in the online Food Licensing and Registration System (FLRS). The Licensing/Registration Authorities view the issued Licenses/ Registrations through the FLRS Dashboard. However, FSSAI will also provide the details of such Licenses/ Registration Certificates to the Commissioners of Food Safety of the States/ UTs for their necessary action.