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FSSAI Regulations In Light Of Covid-19

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1 Disclaimer-All information provided in the article is according to the latest notifications present on the 28th September 2020. These notifications may be subject to further amendments.

2 Offline licensing and registration in exceptional situations

2.1 FBOs

3 1. E-Inspection[3]

4 2. Temporary Operation based on the application for license[4]

5 3. Extension of Grace Period for renewal of license[5]

6 4. Extension of annual/half-yearly returns submission[6]

7 Reference

7.1 Related

Disclaimer-All information provided in the article is according to the latest notifications present on the 28th September 2020. These notifications may be subject to further amendments.

The Food Standards and Safety Authority of India (FSSAI) are responsible for the regulation and supervision of food safety. Registration under the Act for all who intends to do business in the food industry (Preparation of food, Manufacturers, Processing, Packing, distribution, retailers, etc) is mandatory.

In light of the pandemic and the uncertainty surrounding it, the FSSAI has released numerous guidelines and notifications to ease the hardships of Food business operators (FBOs) and ensure smooth and efficient functioning.

Offline licensing and registration in exceptional situations

FSSAI has been engaged in issuing licenses and registration online since 2012. This method attempted to ensure uniformity in issuing licenses throughout the country also eases the management of data processed.

With reference to the internet shutdowns and non-accessibility of FSSAI’s online food licensing and registration system, the Authority has issued the following directions to facilitate licensing and registration in exceptional situations;[1]

In case of applications with payments that have been submitted through the online licensing system, the application procedure shall continue as has been laid down under the Regulations, 2011. This includes the issuance of the Application id by the authority to track your license status, and if satisfied shall issue the license within a period of 60 days.

FBOs

The FBOs who are applying for a fresh license or registration shall have to submit all necessary documents and

payment through the mode notified by their respective state.

On scrutinizing the Licensing authority may return, reject, mark inspection, or if satisfied shall generate a license offline. These licenses have a serial number starting with it 8 or 9 (series 800000-999999), starting with 800000.

Those FBOs applying for renewal through the offline method will be granted renewal for a period of one year and in case of an emergency where there is a restriction place on movement by the district/ state authorities, these food businesses shall be allowed to continue regardless of their expiry. After the restoration of internet services, the renewal window shall be for a maximum of 60 days, and

failure to renew within this extended period would result in cancellation of license and the Food business shall have to apply for a fresh license.

Apart from the abovementioned, FSSAI has issued 4 important orders to facilitate uninterrupted food services and supply during COVID-19

by releasing directions that shall be in operation during the current lockdown period. As per the latest notification, all the following services have been extended until December 31^st, 2020.[2 ]

1. E-Inspection[3 ]

Inspections form an integral part of the processing of FSSAI licenses and registration. The inspecting authority is empowered to direct the FBO to make necessary alterations in the premise to ensure compliance with the Act. Non-compliance to these directions can result in the rejection of an FBO’s license application.

However, owing to the lockdown and COVID-19, physical inspections have become difficult and this would further delay the issuing of license and registration. In order to overcome the obstacle, the FSSAI has permitted

the Licensing authority to conduct an inspection prior to the grant of License or registration by conducting E-inspection.

This allows an authority to record his/her observation by way of videos, images, live streaming, etc. submitted by the concerned FBO. A copy of the data presented by the FBO has to be save for future reference. On scrutiny, if satisfied, the authority can process the application without delay. Additionally, post-COVID-19, when things return to normalcy, the authorities are empower

to schedule inspections to these FBOs who have been granted licenses during a lockdown.

2. Temporary Operation based on the application for license[4 ]

FBOs are permitted to temporarily operate their food business subject to compliance with the FSS Act, 2006, its rules and regulations on the basis of a valid receipt of a license or

registration application having a 17-digit Application Reference Number (ARN) generate on the Food Licensing and Registration System.

This feature is not only restrict to FBOs other than manufacturers, but also to those who have applied through the online system and possess a valid receipt of license having ARN. An FBO who intends to commence his food business activities during lockdown is require to inform the authorities about commencing his business via e-mail, enclosing a copy of ‘ FORM-M, Intimation, and declaration regarding commencing of food business activities during the lockdown period by possessing the valid receipt of the application having ________ ARN for FSSAI license/ registration’. This needs to be sign by the Proprietor, Director, Partner, or a senior employee of the applicant.

The FBO is require to comply with all rules and regulations, respond to queries by the authorities and cease operation if his application is reject during the period of lockdown. Moreover, 30 days after the lockdown ends, the

FBO shall cease his food operations unless his application is process and he has obtained a valid license.

3. Extension of Grace Period for renewal of license[5]

The FSSAI has made provisions for a grace period to those FBOS whose license or registration has expired/ or is expiring during the lockdown period. The renewals during the grace period will not attract any late fee and

during the interim period, the expired/expiring FSSAI licenses/ registration shall be deemed valid.

The grace period has been periodically review and extend thrice. Currently, all licenses expire/ expiring from 22nd March 2020 to 31st December are allow to apply for renewal.

4. Extension of annual/half-yearly returns submission[6 ]

Clause 2.1.13 and Conditions of License in Annexure 3 of Schedule 2 under the Regulations, 2011 require all licensed FBOs involved in manufacturing/ processing, re-labelers, re-packers, and importer to submit

an annual return of their food businesses for every preceding year by 31st May.

Similarly, those FBOs involved in manufacturing/ processing milk and

milk products are require to submit half-yearly returns within one month of the end of the preceding half-year.

Giving due consideration to the difficulties face by the FBOs, the timeframe for these submissions has been review and extend. The dates of submission for the following have been extend till 31st December 2020.