FSSAI has issued a notification dated 7 January 2021 related to implementation of revised policy for Auto-generation of License/Registration and Auto-rejection of applications in case of non-response
FSSAI has drawn attention to its letter dated 24 May 2019 wherein sub-regulation 2.1.4 and 2.1.6 of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011, stipulates that if a license is not issued within 60 days or the applicant has not received any intimation of inadequacy, then the applicant may commence his food business and the concerned licensing Authority shall not deny the applicant to commence such business. Similarly, in case of petty Food Businesses, as per sub-regulation 2.1.1, if registration is not granted or denied, or inspection not ordered within 7 days or no decision is communicated within 30 days, the petty food business operator may start its business.
The matter of long pending applications of License/Registration was deliberated in the 25th meeting of the CAC on 13th April 2019 and subsequently the policy for auto-generation of License/ Registrations in FLRS had been implemented with effect from 30 April 2019. However, consequent to pan-India lockdown due to COVID-19 pandemic, the same was suspended with effect from 13 April 2020.
Meanwhile a revised policy for Auto-generation of License and Registration (for KoBs other than Manufacturers) and Auto-rejection of applications in case of non-response within the stipulated time as per Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 was framed and approved by the Food Authority in its 31st meeting held on 20th October 2020. (the approved policy has been given below). The auto-generation of License and Registration for Manufacturers shall be considered in due course.
The FSSAI has decided to implement the provisions of the revised policy with effect from 1 February, 2021 except those in Serial No. 4 and 7 relating to pending renewal applications which shall be done with effect from 1 April 2021. Commissioners of Food Safety and Licensing/Registration Authorities can view the auto-generated License/Registration through FoSCoS Reports and are requested to monitor the pendency status in their State so that auto-generation is at the minimum (ideally zero).
The ideal scenario is that no license or registration shall be auto-generated in any case. Auto-issuance of unattended applications of Licence and Registrations reflect badly on the performance of the Food Safety Authorities. Commissioners of Food Safety have been advised from time to time, to regularly review the pendency and issue strict instructions to the Registering/Licensing Authorities to attend the applications within specified timeline as per Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011. In case of all new licenses/registrations that are generated automatically, the licensing authority must ensure that the premises are inspected; due documents are verified and that the licence/registration as generated by the system is correct, within particular time frame. If any discrepancy, error, lacunae is detected, corrective actions need to be initiated immediately.
Revised Policy for Auto-generation of License/Registration and Auto-rejection of applications in case of non-response
S.N | Type of Application for License/ Registration | Kind of Business | Day of Auto-generation | Payment Mode |
1. | New License or Modification of License – Application is at initial stage. | All KoBs excluding Manufacturers* | 76th day from filling of the application, if no action has been taken by the authority | Online |
2. | New License or Modification of License – Application is at Document Scrutiny Stage | All KoBs excluding Manufacturers* | 61st day from the last response by FBO on the queries raised by DO at any stage and no action has been taken by authority. | – |
3. | New License or Modification of License – Application is at Inspection Stage | All KoBs excluding Manufacturers* | 61st day from date of making complete application by FBO. i.e application pending at the satge of inspection and no inspection has been conducted. | – |
4. | Renewal of License – Application is with Authority | All KoBs other than Manufacturers* | (i)16th day from submission of renewal application, if no action taken by the Authority.
(ii) 16th day from allocation of inspection if no inspection has been conducted or last response of FBO | Online for case (i)
(ii) |
5. | New Registration or Modification of Registration – Application is at initial/ any stage of scrutiny | All KoBs excluding Manufacturers* | 8th day from filing the application, if no action has been taken by the authority by way of raising any query. | Online or confirmation of receipt of payment |
6. | New Registration or Modification of Registration – After the response of FBO to the queries of Registration Authority | All KoBs excluding Manufacturers* | 8th day from the last response by FBO on the queries raised by the Registration Authority from Document Scrutiny or Inspection Stage and if no action has been taken by the concerned authority. | Online or confirmation of receipt of Payment |
7. | Renewal of Registration – Application is with Authority | All KoBs excluding Manufacturers* | (i) 8th day from submission of renewal application, if no action has been taken by the authority (ii) 8th day of last response of FBO | Online or confirmation of receipt of Payment |
8. | Auto-rejection of Application for License or Registration (New Renewal or Modification) | All KoBs | 31st day from the queries raised by the concerned authorities on the application at any Stage of scrutiny/ inspection | – |
*The risk impact of Manufacturers as compared to other Kinds of Businesses is considered high in food ecosystem and hence, proposed for exclusion from auto-generation policy.
The FSSAI has stated that the ideal scenario is that no license or registration shall be auto-generated in any case. Auto-issuance of unattended applications of Licenses and Registrations reflect badly on the performance of Food Safety Authorities. Commissions of Food Safety have been advised from time to time, to regularly review the pendency and issue strict instructions to the Registering/Licensing Authorities to attend the applications within the specified timeline as per Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011. In case of all new licenses/registrations that are generated automatically, the licensing authority must ensure that the premises are inspected, due documents are verified and that the license/registration as generated by system is correct, within a particular time frame. If any discrepancy, error or lacunae is detected, corrective actions need to be initiated immediately.
Note* Manufacturers/Processors (including Slaughter Houses and Meat Processing units) are presently kept out from the auto-generation methodology as the risk associated with Manufacturers/Processors is high impact extends across the country, much beyond the manufacturing unit. Caterers, restaurants and other food service establishments are included in the auto-generation policy since the impact is usually localised and hence jurisdiction of licensing authorities. In case of retail meat shops, the license and registration is only for the retail and not for the purpose of slaughtering and processing meat.
Source : FSSAI