FSSAI has issued an order dated 31 May, 2021 related to enabling Food Businesses to migrate from State Licence to Central License or vice versa without change in the FSSAI License number. FSSAI has also drawn reference to an FSSAI order dated 19 July, 2011 regarding the uniform format of FSSAI License and Registration.
At present, Food Businesses face problems in migrating between State to Central License or vice versa as it requires change in their FSSAI License number. FBOs are required to surrender their existing license and apply for the new license. The change in FSSAI number results in change in pre-printed packaging material, stationery, advertisement etc. FBOs get approval from FSSAI HQ (by sending application with requisite fee which can be up to Rs.15,000) for using their pre-printed packaging material of their older license number but the facility is approval based, not automatic.
In this regard with the approval from Food Authority, it has been decided to allow migration of State License to Central License or vice versa without changing the FSSAI License number. Registration, which is for petty food business operators (FBOs), has been consciously kept out as only one-time upgrade for registration to State License is expected. A clear distinction of Registration helps in quick identification and facilitation of same. The policy is as below:
- The second and the third digits of 14-digits License number have been made State dependent instead of ‘00’ for Central Licenses. For example, if a Central License is of the State of Andhra Pradesh, the second and third digit should be ‘01’ instead of ’00’ as it is in case of State License. However, in case of migrated license (once granted license), the same license number shall continue to be valid with precious codes (e.g., ‘00’ for Central License). In other words, there shell be no requirement to change the central License numbers already granted till the time of implementation of new order/policy.
- The DO code for every state (6th, 7th, 8th digits from left) is changed to ‘999’ in case of CentraI License to distinguish licenses initially granted by Central Licensing Authorities. This would remain same even in case of migration. This factor is necessary also for emergency circumstances i.e., whenever there is requirement for issuance of physical license, this factor would differentiate the Authorities and prevent overlapping license/ registration numbers. Further, in future, if there will be more than one CLA, within one State, the second CLA may have DO Code as ‘998’ and so on
- Capturing of sub-districts in case of new applications of Central Licenses shall be enabled for any future migration of central license to State Authority. Sub-district shall be asked at the time of migration in case of already granted central licenses.
- There is an additional column in the validity Annexure to License for mentioning the Jurisdictional Authority.
- Calculation of fee: The fee shall be recalculated at the time of modification, based on the number of years. Say, in the above example, if State license was earlier granted for 5 years @Rs. 2000, the fee calculation would be as follows:
- of Complete years remaining on filing of modification application: I
- State License Fee refund: Rs. 2000. Central License Fee: 7500. Difference = Rs, 5500.
- Final Fee: Modification Fee (Rs. 1000) + Difference Fee
- In case of Central License to State License (or from higher fee bracket to lower fee bracket), no refund of fee shall be authorised. Only Modification fee shall be charged.
- No part year consideration shall be given. Even if one day has lapsed in a year, full year shall be counted.
- No State to FSSAI (Central License) or FSSAI (Central License) to State fee adjustment shall be done.
- Online module for Transfer of Authority:
- At the time of applying for modification of License along with requisite fee for change in jurisdiction [SL to CL or CL to SL], an automatic online application for transfer shall be sent to existing authority, which needs to be scrutinized within 15 days of receiving of application. No comments on the transfer application by existing authority within 15 days would result in auto-approval.
(Note for Authorities: The purpose of seeking approval from the existing licensing authority to transfer the license is to inform the licensing authority of the intended move. Any legal action in motion or any action may be expedited. Ordinarily, the approval need not be refused, however, for reasons to be recorded. The refusal can be done on grounds such as pending enforcement action. In case of refunds, the appeal shall be made to Commissioner of Food safety of concerned State/UT.]
Then the application shall move to destined licensing authority, who shall scrutinize the same and approve as per the procedure stipulated under Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011. Once approved, the license with its record/history shall shift to destined licensing authority. If rejected, the license shall continue with the existing licensing authority (with no refund of license fee).
Source : FSSAI