The FSSAI has issued directions dated 5 April 2021 regarding operationalisation of Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations, 2020.
The FSSAI had framed the Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations 2018 and the same were approved by the Food Authority in its meeting which was held on 6 November 2019. These amendments were initially operationalised with effect from 27 March 2020 and then on 27 September 2020 respectively.
The draft regulations were notified on 17 November 2020 and the comments received thereon are under review and considerations. As the finalisation of these regulations are likely to take some more time, FSSAI has decided to re-operationalise the Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations (given below), with effect from 27 March 2021.
The food business operators shall follow these revised regulations and the enforcement of these regulations shall commence only after the final regulations are notified in the gazette of India, except the amendment in sub-regulations 2.1.9 which has already come into effect from 27 March 2020
The operationalised Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations, 2020 are as under.
In the Food Safety and Standards (Licensing and Registration of Food Business) Regulations 2011, in regulation 2. 1 Registration and Licensing of Food Business
- In the sub-regulation 2.1.9 Modifications, Expansion or Changes in premise(s) after grant of license or registration amendments have been made in the proviso where the words “equivalent to one year-year license fee” will be substituted with the following words “of Rs.1000 along with differential amount of annual fee in case of upgradation of license”
The sentence in the proviso will read as follows
The Food Business Operator shall submit the original license to the Licensing Authority along with a fee of Rs.1000 along with differential amount of annual fee in case of upgradation of license for effecting necessary changes.
- New sub-regulations 2.1.17 to 2.1.21 under regulation 2.1 has been included which is as follows
2.1.17 Fee and other charges
(1) the fee and other charges under these Regulations shall be prescribed by the Food Authority in accordance with Section 82 of the Act.
(2) The non-payment of prescribed fees and charges, action against FBO shall be initiated in accordance with sub-regulation 2.1.8
(1) Manufacturing/Processing license holder shall implement and maintain a system of control to ensure the quality of his production or process by means of a specific plan of testing so that the food product or process comply with the relevant regulations/standard(s):
Provided that the Food Authority may specify the periodicity of the tests to be carried out on certain products or category of products.
Provided further that Food Authority may also specify the tests to be carried out in-house along with the required laboratory and the testing personnel.
2.1.19: Inspection and Audit
(1) Food Authority may by order provide a scheme of periodic inspections of the food businesses.
(2) The Commissioners of Food Safety shall draw plans for periodic inspections of food businesses in their respective jurisdiction on the basis of risk associated with food and the establishment.
(3) The Food Business operator, himself or on the direction of the Commissioner of Food Safety or Food Authority, shall be required to get a food safety audit done by one of the third-party auditing agencies/auditors recognized by FSSAI at its own cost. Food Business Operator shall grant access to the auditor and provide them all records requested by them.
(4) The Central Advisory Committee may approve inspection checklist for different kinds of businesses based on requirements under schedule 4 of the regulations (2011) or any other requirements under the Act and rules and other regulations made there under or any direction issued by the Food Authority.
(5) The Registering Authority or any officer or agency specifically authorised for this purpose shall carry out inspection of the registered food business operators periodically or as approved by Commissioner Food Safety under clause 2.1.19(2).
(6) Food Business Operators himself or on the direction of the Commissioner of Food Safety or Food Authority, shall be required to obtain hygiene rating for his food business as per the terms determined by the Food Authority.
Explanation –Hygiene rating shall be as per the framework approved by the Food Authority and is different from the audit mentioned in clause 2.1.19(3).
2.1.20 Food Safety Supervisor
Food Business Operators shall ensure training of Food Safety Supervisor under training programmes of FSSAI. Food Authority may by an order prescribe the requirements regarding the training of Food Safety Supervisor and also the minimum number of Food Safety Supervisors required for any Food Business Operator. Food Safety Supervisor shall supervise the food handlers and also ensure their training.
2.1.21 Scheme for Facilitators
(1) The Food Authority may empanel individuals/companies/organisations to facilitate the food business operators in applying for Registration/License and the related activities such as modifications, and submission of annual returns and annual declaration with such terms and conditions as may be determined by the Food Authority.
(2) The Food Authority may empanel individual auditors/agencies for implementing the clause 2.1.19(6). The Food Authority may prescribe by an order the requirements, conditions etc. for empanelling auditors for hygiene rating.
Source : FSSAI