INTRODUCTION

Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 (“Licensing and Registration Regulations”) mandate obtaining a license or registration for the food business operators to commence their business¹. Earlier, the regulations required licenses to be granted within 60 days² of application and registration within 7 days³ of application. However, to facilitate ease of business, the Food Safety and Standards Authority of India (“FSSAI”) has issued a notification dated 1 July 2024 (“Tatkal Notification”) launching an optional “tatkal issuance of FSSAI registration and license”(“Instant Issuance”) with effect from 28 June 2024. This feature allows applicants to obtain a license or registration from FSSAI instantly through self-declaration and digital verification. To start with, this feature was available to applicants only in Assam, Delhi, Gujarat, Jammu & Kashmir and Kerela. However, the applicability of the provisions of the Tatkal Notification has been extended to all states and union territories except Chandigarh, Himachal Pradesh and Meghalaya by the FSSAI Order dated 11 September 2024. 

ELIGIBILITY

Instant Issuance is only available to certain Kind of Business (“KoB”) which are – (a) wholesalers; (b) distributors; (c) retailers; (d) transporters; (e) storage without atmospheric controlled + cold; (f) importers; (g) food vending agencies; (h) direct sellers; (i) merchant-exporters; (j) petty retailers of snacks/ tea shop; and (k) hawkers (itinerant/ mobile food vendor). 

However, there are certain exceptions to these KoBs for grant of an instant license/ registration:

1. The KoBs are only eligible for Instant Issuance if they deal in pre-packaged food, except for petty retailers and hawkers.
2. The KoBs dealing in meat and fish are not eligible for Instant Issuance of license/registration, except for importers and merchant-exporters. 
3. Dairy transporters are also barred from availing of the option of Instant Issuance.

PROCESS

Instant Issuance is subject to digital verification and self-declaration by the applicant. The applicant will need to furnish their Aadhar card, company identification number and GST details as applicable for digital verification. For Instant Issuance of registration, the applicant will need to submit an Aadhar card and permanent account number as applicable. 

The applicant will also need to furnish a declaration affirming (a) they do not possess a valid license/ registration for the same premises; or (b) their license/registration has not been cancelled by the authorities in the past three months.

Applicants must upload photos of their unit, including the entrance/front view, to quickly identify their food business for licensing/registration.

VALIDITY & FEE

The validity of an instant license/ registration under FSSAI is one year. Under the standard issuance procedure, applicants could apply for a license/registration valid for up to 5 years. Post-expiry of the instant license/registration, renewal would be as per standard procedure, instant renewal has not been made available. 

Under the Tatkal Notification, the applicants will be required to pay the entire annual fee for license/ registration as per the Licensing and Registration Regulations while applying. Therefore, in case of Instant Issuance of licenses, the applicants are required to pay an amount that may range between INR 2,000 to INR 7,500. 

CONCLUSION

FSSAI has made a significant advancement in making the process of registration and licensing easier for food business operators. The FSSAI has made available a portal for Instant Issuance of registration and license on its Food Safety Compliance System (FoSCoS) portal. Further, to facilitate the application process, the FSSAI has also made available user manuals for instant registration and license for the food business operators. 

[1] Regulation 2.1, Licensing and Registration Regulations.

[2] Regulation 2.1.4(1), Licensing and Registration Regulations.

[3] Regulation 2.1.1(3), Licensing and Registration Regulations.