FSSAI’s Amendment Regulation on Re-operationalisation of Licensing and Registration of Food Businesses

The amendment regulation 2021 came with several changes in the re-operationalization of Food Safety and Standards (Licensing and Registration of Food Business).

FSSAI’s Amendment Regulation
on Re-operationalization
 of Licensing and
Registration of Food Businesses

1. To reckon, as per  section 92 of Food Safety and Standards Act 2006, (34 of 2006), FSSAI had framed the Food Safety and Standards (Licensing and Registration of Food Business Amendment Regulations 2018 which was approved by food authorities on 21 September 2017.

A quick look at the amendments in regulations related to  the following sections;

1.   Section I: Licensing and Registration of E-commerce food business operator

2.   Section II: Documents to be enclosed for new application for license to State /central licensing Authority for restaurant

3.   Section III: Conditions of license for restaurant

4.   Section IV: Part II of schedule 4 relating to general requirements on Hygiene and sanitary practices to be followed by all the food business operators applying for license.

5.   Section V: Part IV of schedule 4 relating to establishing a small slaughterhouse.

6.   Section VI : Part V of schedule 4 relating to good hygienic and manufacturing practices to be followed by licensed food business operators engaged in catering or food business operations.

2. These regulations were operationalised in exercise of the power vested with the food authority under section 18 (2) (d)  read with section 16 (5) of the Food Safety and Standards Act 2006 with effect from 15.02.2018 and subsequently re-operationalized w.e.f 16.08.2018 , 28.02.2019  and 28.08.2019 , 16.02.2020 , 16.08.2020 & 19.03.2021 respectively. Some other provisions of these regulations were also operationalized vide direction dated 16.11.2020 and 05.04.2021.
3. The draft regulations were notified on 17.11.2020 inviting comments from stakeholders and are currently under the process of finalization. Since the notification of the final amendment regulation is likely to take some time. It has been decided to re-operationalise the food safety and standards (Licensing and Registration of food business) Amendment Regulations 2021 as enclosed herewith  with effect from 16.08.2021 to ensure food safety and fair practices in food business operations.

4. The food business operators shall follow these regulations and the enforcement of these regulations shall commence only after the final regulations are notified in the Gazette of India except the amendment in sub regulations 2.1.9 which has already come into effect from 27th March 2020 and in so far as schedule 4 requirements are concerned if required improvement Notice  under section 32 of the Food Safety and Standards Act 2006 may be issued to Food Business Operators and accordingly action  may be taken for compliance of these requirements.

5. This issues with the approval of the Competent Authority in exercise of the power vested under Section 18(2) (d) and 16(5) of Food Safety and Standards Act 2006.

According to FSSAI,   Food business operators shall follow the revised regulations. The enforcement of these regulations shall commence only after the final regulations are notified in the Gazette of India, except the amendment in sub- regulation 2.19 which shall come into force with immediate effect. Any non- compliance w.r.t. schedule-4 of these regulations may be addressed by issuing Improvement Notice under Section 32 of the Food Safety and Standards Act, 2006 for further compliance with immediate effect.

The amendments as framed in the Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations may be accessed from the FSSAI website FSSAI.GOV.IN

Source:FSSAI