The FSSAI as well as the State Food Safety Authorities are all responsible for the enforcement of the Food Safety and Standards Act, 2006, Rules and Regulations. The FSSAI and the state food authorities have from time to time taken measures to enforce compliance of regulations. However, despite all efforts, certain compliances like the License/ Registration in wrong categories, continuance of business with expired licence/ registration etc. have been observed in the field. In this context the FSSAI has proposed to launch a special drive to address four types of non-compliance as given below
- FBOs who have obtained a registration certificate despite being required to obtain a Licence
- FBOs continuing their food business with an expired License/without License
- FBOs who have obtained fresh License/ registration instead of renewing the previous one to avoid penalty
- FBOs manufacturing/ processing food products which are not endorsed on their licences.
This special drive will be implemented in two phases. In the first phase one FBOs will be provided the facility on the FSSAI website https://foodlicensing.fssai.gov.in/knowfssailicence/
To enable them to check their:
- Status of the License
- Endorsed products and more
FBOs can accordingly apply for a new license, modification, etc. wherever required.
In phase two,enforcement activities will be taken up against the defaulting FBOs under the FSS Act 2006, Rules and Regulations.
The details are as under
PHASE ONE(01 July to 30 September 2019) During this period there will be Self- Verification by FBOs and Identification of defaulting cases by the Authorities.
- Food Businesses will be given an opportunity to access the details of their License/Registration through the Know Your FSSAI Licence at website page https://foodlicensing.fssai.gov.in/knowfssailicence/
- FSSAI has also launched the ‘Food Products Identity verification System’ (FPIVS)
(URL– https:/fssai.gov.in/fpivs) for the FBOs to verify whether the products endorsed in the License, which are being manufactured, are as per FSSAI Standards. Further the system will allow FBOs to check whether the products which are intended to be manufactured are covered under the FSSAI Standards, Proprietary Products or Novel Foods and will provide identity number to these products.
- FBOs will be required to verify their license details, products endorsed and the eligibility criteria and to report any anomaly or upgradation required in the existing license. For this purpose, the FBOs shall be sensitised by the FSSAO and State Food Authorities through email, print/electronic media and also social media.
- Based on the information and the requisite application, Commissioners of Food Safety, Nodal Officers of the States/ UTs and the FSSAI Regional Offices may allow businesses to carry out appropriate modification with regard to their existing licence/ registration.
PHASE TWO (1 October 2019 onwards) this will be the Enforcement/ prosecution phase
- Awareness drive would be launched to make consumers and consumer organisations/civil society check the same webpage whether a particular food business possesses a valid FSSAI License/ Registration and whether the License/Registration includes the correct Kind of Business and products endorsed.
- The webpage will allow consumers to report defaulter food businesses to the Licensing Authorities.
- At the same time, State Food Authorities shall launch special drives to identify defaulting cases.
- On receipt of concerns/ feedback with regard to any FBO n on-complying with the FSS Act, concerned authorities will initiate an inquiry and take actions wherever non-compliance is found under provisions of FSS Act, 2006, namely-
- In case, an FBO is qualifying for License and possesses an FSSAI Registration, action may be initiated under Section 31(1) and 61 FSS Act 2006
- In case, an FBO is found to be operating his business even after expiry of License, action may be initiated under Section 31 (1) and 63 of FSS Act 2006.
- In case, an FBO is found to be manufacturing/processing products which are not endorsed on License, action may be initiated under Section 61 of FSS Act 2006.
- A provision to capture expired License/Registration details is under development in Food Safety Compliance System (FoSCoS) to build compliance history of such FBOs. In case, FBOs give false declaration, they may be punished under section 63 of FSS Act 2006. A ready reference for related provisions of FSS Act, 2006 is provided in Annexure- I below.
The Commissioner Food Safety of all States/UTs are directed to take up this special drive to ensure food safety and compliance in their respective States/UTs. It is also requested to direct Designated Officers/FSOs to widely publicise this special drive in their respective areas and initiate penal actions against defaulting FBOs. A report on monthly basis within first week of the succeeding month from July, 2019 onwards may be sent to FSSAI in the format at Annexure- II(provided below).
Related penal provisions under FSS Act 2006 are as under for ready reference:
Section 31(1): No person shall commence or carry on any food business except under a license.
Section 58: Penalty for contraventions for which no specific penalty is provided.Whoever contravenes any provisions of this Act or the rules or regulations made thereunder,
For the contravention of which no penalty has been separately provided in this Chapter, shall be liable to a penalty which may extend to two lakh rupees.
Section 61: Punishment for false information. If a person, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or misleading, he shall be punishable with his imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees.
Section 63: Punishment for carrying out a business without license. If any person or food business operator (except the persons exempted from licensing under sub-section(2) of section 31 of this Act), himself or by any person on his behalf who is required to obtain licence, manufactures, sells, stores or distributes or imports any article of food without licence, shall be punishable with imprisonment for a term which may extend to six months and also with a fine which may extend to five lakh rupees.
Section 64: Punishment for subsequent offences
- If any person, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to –
- twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence;
- a further fine on daily basis which extend up to one lakh rupees, where the offence is a continuing one; and
- his licence shall be cancelled.
The Court may also cause the offender’s name and place of residence, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.
Monthly Report of Special Drive for Licensing and Registration of Food Businesses
Name of the State _______________________ Report for the month of ________________
- Action taken to sensitize the FBOs during the month:
- Details of Awareness Drives cum Licensing/Registration Camps:
|S. No||District||Date or Period of the drive/camp||No. of Licenses applied/issued/modified during the Special Drive/camp||No. of Registration applied/issued during the Special Drive/camp|
- Awareness drives/actions to sensitize consumers:
|S. No||District||Date or Period of the drive/camp||No. of Consumer Grievances/queries received||Action taken on Consumer Grievances|
- Defaulting FBOs identified and Action taken on them:
|S. No||Category||No. of defaulting FBOs||No. of Cases Launched||Penalty Imposed|
|Identified||Action Initiated||No. of Convictions||Amount Raised (in Rs.)|
|1.||FBOs who have obtained registration Certificate despite being eligible for Licence|
|2.||FBOs carrying businesses with an expiredLicense/ without License|
|3.||FBOs who have obtained fresh License/ registration instead of renewing the previous one to avoid penalty|
|4.||FBOs who are manufacturing/ processing food products which are not endorsed on their licences.|
- As per clause 18.104.22.168 (iii) (f) of FSS Rules, the FSOs must maintain a database of all FBOs within the area assigned to them.
- Whether instructions in this regard have been issued to FSOs to maintain data and submit a monthly report to the State HQ.
- Details of FSOs maintaining database of the food businesses in their area (as per proviso):
|Total No. of FSOs (in position)||No. of FSOs maintaining database/Register of FBOs and submitting monthly report|