The Section 31 of the Food Safety & Standards Act 2006, Regulation 2011, mandates that no person shall commence the sale, storage, distribution/manufacture of food article without registration/license. Food Business operators with turnover below Rs. 12 lac annually are required to get FSSAI Registration with registration fee of Rs 100/= only. The documents required for FSSAI Registration are identity proof such as Ration Card, Election Card or Passport, and a Photograph. Food Safety & Standard Authority India, through its notification dated 01-06-2016 has passed an order to facilitate the speedy registering of food businesses through the Common Service Centre’s ( Khidmat Centres ). The State of Jammu and Kashmir has started using the platform of Common Service Centre-Special Purpose Vehicle (CSC-SPV) to facilitate the licensing and registration of FBOs. Since the CSC model in an online platform the Registration Certificate would also be Auto Generated after filing of the application. The auto Generated Registration Certificate will be provisional during the first 30 days. In this period if the Food Business is found to be non-compliant with any of the provisions of the FSSA Act, Rules and Regulations then the Registering Authority (Food Safety Officer) can suspend or cancel the Registration Certificate for any kind of non-compliance. It has been reported that some Khidmat Centre’s are overcharging from the Food Business operators. If any Food Business Operator is charged more than 100 rupees for Auto Generate of Food Registration, he shall inform the Concerned Food Safety Officer of Drugs & Food Control Organization so that necessary action against such CSC Centre’s is taken. However Food Business operators with turnover between Rs. 12 Lac to Rs. 20 Cr annually are required to get Food License. Any person desirous to commence or carry on any food business shall make an application for the grant of license to the designated Officer online through Khidmat Centre. The designated officer on receipt of an application, may either grant the license or after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, refuse to grant a license to any applicant, if he is satisfied that it is necessary so to do in the interest of public health and shall make available to the applicant copy of the order. Provided that if the license is not issued with two months from the date of making the application or his application is not rejected, the applicant may start his Food Business after expiry of the said period and in such case, the Designated officer shall not refuse to issue license but may, if he considers necessary, issue an improvement notice under the Act and follow the procedure in that regard. A single license may be issued by the designated officer for one or more articles of food and also for different establishments or premises in the same area however if the articles of food are manufactured, stored or exhibited for sale at different premises situated in more than one area, separate applications shall be made and separate license shall be issued in respect of such premises not failing within same area. An appeal against the order of rejection for grant of license lie to the Commissioner of Food Safety. A license unless suspended or cancelled earlier shall be in force for such period as may be specified by the regulations: Provided that if the application for renewal of license is made before the expiry of the period of validity of the license, the license shall continue to be in force until orders are passed application.
The fees paid by the Food Business Operators are not refundable under any circumstances. A food business operator can apply for a maximum of 5 Yrs. while applying for a license or at the time of renewal of the license. The food business operator may apply for the duplicate copy of the license or a registration certificate in case it is lost, torn, destroyed, defaced or mutilated. The FBO can apply for the duplicate copy within the validity period of the license accompanied with a fee amounting to 10% of the applicable license fee. The registration/license certificate shall be displayed at a prominent place.
The operation of Food Business without Registration is punishable under Section 58 of the FSSA with a fine upto Rupees two lakhs, while as operation of Food Business without license as required under section 31 of the Food Safety & Standards Act is a punishable offence under Section 63 with a imprisonment for a term which may extend for six months and also a fine which may extend to five lakh rupees.
Besides the Hon’ble High Court of J&K at Srinagar, in a PIL titled “Initiating Suo Moto Action Vs State & Others” directed sealing of all such food enterprises operating without License/Registration as required under Food Safety & Standards Act 2006.
Shabir Ahmed Lone is Food Safety Officer, Srinagar