“Licensing Authority” means the Designated Officer appointed under section 36 (i) of the Act by the food safety commissioner of the state or of the Food Authority for the local area and includes an officer to whom powers of issue of a licence has been delegated by the Designated Officer.
“Petty Food Manufacturer” means any food manufacturer, who (a) manufactures or sells any article of food himself or a petty retailer, hawker, itinerant vendor or temporary stall holder; or (b) such other food businesses including small scale or cottage or such other industries relating to food business or tiny food businesses with an annual turnover not exceeding Rs 12 lakhs and/or whose
(i) production capacity of food (other than milk and milk products and meat and meat products) does not exceed 100 kg/ltr per day or
(ii) (ii) production or procurement or collection of milk is up to 500 litres of milk per day or
(iii) slaughtering capacity is 2 large animals or 10 small animals or 50
poultry birds per day or less
“Registering Authority” means Designated Officer/ Food Safety Officer or any official in Panchayat, Municipal Corporation or any other local body or Panchayat in an area, notified as such by the State Food Safety Commissioner for the purpose of registration as specified in these Regulations.
Note: In Tamilnadu, the Food Safety Officers have been notified as the Registering Authority. (R.No.81018/FSSAI/2011/S2 Dt.30.12.2011 of the Commissioner of Food Safety, Chennai)
“State Licensing Authority” means Designated Officers appointed under Section 36(1) of the Act by the Food Safety Commissioner of a State or UT.
Registration and License for Food Business
All Food Business Operators in the country will be registered or licensed in accordance with the procedures laid down hereinafter without prejudice to the availability of safe and wholesome food for human consumption.
Registration of petty food business
(1) Every petty food manufacturer shall register themselves with the Registering Authority by submitting an application for registration in Form A under Schedule 2 of these Regulations along with a fee as provided in Schedule 3.
(2) The Food Business Operator shall follow the basic hygiene and safety requirements provided in Schedule 4 (Part I) of these Regulations and provide a self attested declaration of adherence to these requirements with the application in the format provided in Annexure-1 under Schedule 2
(3) The Registering Authority shall consider the application and may either grant registration or reject it with reasons to be recorded in writing or issue notice for inspection, within 7 days of receipt of an application for registration.
(4) In the event of an inspection being ordered, the registration shall be granted by the Registering Authority after being satisfied with the safety, hygiene and sanitary conditions of the premises within a period of 30 days.
(5) If registration is not granted, or denied, or inspection not ordered within 7 days as provided in above sub regulation (3) or no decision is communicated within 30 days as provided in above sub regulation (4), the Food Business Operator may start his business, provided that it will be incumbent on the Food Business operator to comply with any improvement suggested by the Registering Authority at any later time.
Provided that registration shall not be refused without giving the applicant an opportunity of being heard and for reasons to be recorded in writing.
(6) The Registering Authority shall issue a registration certificate and a photo identity card, which shall be displayed at a prominent place at all times within the premises or vehicle or cart or any other place where the person carries on sale/manufacture of food in case of Petty Food Business.
(7) The Registering Authority or any officer or agency specifically authorized for this purpose shall carry out food safety inspection of the registered establishments at least once in a year.
License for food business
(1)No person shall commence any food business unless he possesses a valid license under these Regulations.
Provided that any person or Food Business Operator carrying on food business on the date of notification of these Regulations, under a license, registration or permission, as the case may be, under the Acts or Orders mentioned in the Second Schedule of the Act shall enable the Licensing Authority to collect complete information of all food establishments, get their existing license converted into the license/registration under these regulations by making an application to the Licensing/Registering Authority within one year of notification of these Regulations.
No license fee will have to be paid for the remaining period of the validity of the earlier license or registration granted under any of the said Acts or Orders Non-compliance with this provision by a Food Business Operator will attract penalty under section 55 of the Act.
Provided further that any Food Business Operator holding Registration/License under any other Act/Order as specified under schedule 2 of the FSS Act, 2006 with no specific validity or expiry date, and other wise entitled to obtain a license under these regulations, shall have to apply and obtain a Registration/License under these Regulations within one year from the date of notification by paying the applicable fees.
TO VIEW: 1) FOOD SAFETY ACT,2006