Monday, November 11, 2013

FSSAI sets Feb 4, 2014, as final deadline for registration & licensing

The Food Safety and Standards Authority of India (FSSAI) has set the final deadline as February 4, 2014, for the food business operators to register and obtain licenses under Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
There will be no further extension to FBOs operating in the country to comply with the rules. “The advisory regarding extension till Feb 4 next year is now being legalised. The FBOs, new and old, have to get licence and register by Feb 4, 2014, otherwise they would get penalised,” said P Karthikeyan, assistant director, FSSAI.

He said that there shall be no extension as much time had been given to the FBOs to either obtain licence or register themselves. The first deadline was August 4, 2012, that is one year after the implementation of the Food Safety and Standards (Licensing & Registration of Food Businesses) Regulations, 2011. This was extended by six months to Feb 4, 2013, and then again extended further to Feb 4, 2014.

According to the new draft under the Sub-Regulations of 2.1.2 related to licence for food business, it proposes two changes in Clause I wherein the term “within one year” in first proviso, is changed with “thirty months” and in second proviso the word “otherwise” is changed with “the new FBOs who started food business after 5th August 2011.”

The present regulations under 2.1.2 were as follows; no person shall commence any food business unless he possesses a valid licence -

Provided that any person or Food Business Operator carrying on food business on the date of notification of these regulations, under a licence, registration or permission, as the case may be, under the Acts or Orders mentioned in the Second Schedule of the Act shall get their existing licence converted into the licence/registration under these regulations by making an application to the Licensing/Registering Authority after complying with the safety requirements mentioned in the Schedule 4 contained under different parts dependent on nature of business, “within one year” of notification of these regulations. In case of difficulty, the licensing authority with the approval of the food safety commissioner in the state will determine the advisability of applying any specific condition keeping in view the need to ensure safety of food and public interest. No licence fee will have to be paid for the remaining period of the validity of the earlier licence 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.

The second part of the Clause I says -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 “otherwise” entitled to obtain a licence under these regulations, shall have to apply and obtain a Registration/Licence under these regulations “within one year” from the date of notification by paying the applicable fees.

Further the regulations also propose to omit Clause 4 that defines the late fees for delay in applying for renewal under Sections 2.1.7 of the regulations, which defines Validity and Renewal of Registration and License. That means no late fees of Rs 100 each day after delay, if any FBO does not applied within 30 days before the expiry date.

No comments: