A Food Business Operator is committed to follow certain guidelines upon the grant of a license/Registration as per FSS Act, Rules & Regulations, are known to be the ‘Conditions of the license’.
When an application for the license/registration is deposited with the issuing authority, one written declaration is also given by the FBO that he shall be complying with the entire requirement as mentioned in the schedule 4 of the licensing, as he has already given an undertaking that he will comply with all the sanitary and hygienic requirements mentioned in schedule 4 of the Food Safety and Standards Act.
There are separate sanitary and hygienic conditions being given for different type of food businesses including the street food vendors and they all have to comply with the requirements specified in schedule 4. Besides that, displaying a true copy of the license granted in Form C shall at all times be displayed at the prominent place in the premises. FBO has to allow the licensing authority to carry out the inspection in the premises and if there is any change done in the premises after obtaining the license then FBO is required to intimate the licensing authority about the change or modification.
One of the licensing conditions as specified for the manufacturing units – they have to employ the technical person as per the given qualification criteria as per FSS Act. Another condition, the periodic annual return has to be submitted with the authority. FBOs who are manufacturing/dealing with milk and milk products have to submit their returns every six months with the licensing authority.
FBOs are required to maintain all the records of their sale, purchase of raw material. Another important Licensing condition is that the FBOs have to get food articles tested on chemical and microbiological parameters from the NABL accredited lab, at least once in every 6 months. Other essential licensing condition is that FBOs shall buy & sell the food materials only within the licensed/registered people, so this means that no company/person who is not registered under FSS Act, is allowed to run a food business activity.
The following are the conditions of the license as stated under Food Safety & Standards (Licensing & Registration of Food Businesses Regulations) 2011:
Conditions of License
All Food Business Operators shall ensure that the following conditions are complied with at all times during the course of its food business.
Food Business Operators shall:
- Display a true copy of the license granted in Form C shall at all times at a prominent place in the premises.
- Give necessary access to Licensing Authorities or their authorised personnel to the premises
- Inform Authorities about any change or modifications in activities /content of license.
- Employ at least one technical person to supervise the production process. The person supervising the production process shall possess at least a degree in Science with Chemistry/Bio Chemistry/Food and Nutrition/ Microbiology or a degree or diploma in food technology/ Dairy technology/ dairy microbiology/ dairy chemistry/ dairy engineering/ oil technology /veterinary science /hotel management & catering technology or any degree or diploma in any other discipline related to the specific requirements of the business from a recognized university or institute or equivalent.
- Furnish periodic annual return (1st April to 31st March), within upto 31st May of each year. For collection/ handling/ manufacturing of Milk and Milk Products half yearly returns also to be furnished as specified (1st April to 31st September before 30th November and 1st October to 31st March).
- Ensure that no product other than the product indicated in the license/ registration is produced in the unit.
- Maintain factory’s sanitary and hygienic standards and worker’s Hygiene as specified in the Schedule – 4 according to the category of food business.
- Maintain daily records of production, raw materials utilization and sales separately.
- Ensure that the source and standards of raw material used are of optimum quality.
- Food Business Operator shall not manufacture, store or expose for sale or permit the sale of any article of food in any premises not effectively separated to the satisfaction of the licensing authority from any privy, urinal, sullage, drain or place of storage of foul and waste matter.
- Ensure Clean-In-Place systems (wherever necessary) for regular cleaning of the machine & equipments.
- Ensure testing of relevant chemical and/or microbiological contaminants in food products in accordance with these regulations as frequently as required on the basis of historical data and risk assessment to ensure production and delivery of safe food through own or NABL accredited /FSSA notified labs at least once in six months.
- Ensure that as much as possible the required temperature shall be maintained throughout the supply chain from the place of procurement or sourcing till it reaches the end consumer including chilling, transportation, storage etc.
- The manufacturer/importer/distributor shall buy and sell food products only from, or to, licensed/registered vendors and maintain record thereof
- Proprietors of hotels, restaurants and other food stalls who sell or expose for sale savouries, sweets or other articles of food shall put up a notice board containing separate lists of the articles which have been cooked in ghee, edible oil, vanaspati and other fats for the information of the intending purchasers.
- Food Business Operator selling cooked or prepared food shall display a notice board containing the nature of articles being exposed for sale
- Every manufacturer [including ghani operator] or wholesale dealer in butter, ghee, vanaspati, edible oils, Solvent extracted oil, de oiled meal, edible flour and any other fats shall maintain a register showing the quantity of manufactured, received or sold, nature of oil seed used and quantity of de-oiled meal and edible flour used etc. as applicable and the destination of each consignment of the substances sent out from his factory or place of business, and shall present such register for inspection whenever required to do so by the Licensing Authority.
- No producer or manufacturer of vegetable oil, edible oil and their products shall be eligible for license under this Act, unless he has own laboratory facility for analytical testing of samples.
- Every sale or movement of stocks of solvent-extracted oil, ‘semi refined’ or ‘raw grade I’, edible groundnut flour or edible coconut flour, or both by the producer shall be a sale or movement of stocks directly to a registered user and not to any other person, and no such sale or movement shall be effected through any third party.
- Every quantity of solvent-extracted oil, edible groundnut flour or edible coconut flour, or both purchased by a registered user shall be used by him in his own factory entirely for the purpose intended and shall not be re-sold or otherwise transferred to any other person: Provided that nothing in this sub-clause shall apply to the sale or movement of the following:—
(i) karanjia oil;
(ii) kusum oil;
(iii) mahua oil;
(iv) neem oil;
(v) tamarind seed oil.
(vi) edible groundnut flour bearing the I.S.I.Certification Mark
(vii) edible coconut flour bearing the I.S.I.Certification Mark
- No Food Business Operator shall sell or distribute or offer for sale or dispatch or deliver to any person for purpose of sale any edible oil which is not packed, marked and labelled in the manner specified in the regulations unless specifically exempted from this condition vide notification in the official Gazette issued in the public interest by Food Safety Commissioners in specific circumstances and for a specific period and for reasons to be recorded in writing.