Introduction
In a country like India, where food is not just a necessity but an emotion, ensuring that what reaches our plate is safe becomes a matter of utmost importance. From street vendors selling spicy chaat to multinational chains offering global cuisines, every food business plays a role in maintaining public health.
To ensure that the food we consume is hygienic and safe, the Food Safety and Standards Authority of India (FSSAI) was established under the Food Safety and Standards Act, 2006 (FSSA). This Act replaced multiple older food laws and created a unified legal framework for regulating food products across India.
In simple terms, obtaining a food license under FSSAI means that the food business complies with all safety and hygiene standards set by the government.
Legal Framework: The Foundation of Food Safety in India
The Food Safety and Standards Act, 2006, came into force to consolidate several existing food-related legislations. The Act aims to ensure that the food consumed by the public is safe, wholesome, and fit for human consumption.’
Relevant Sections under the FSSA, 2006:
- Section 3(1)(o): Defines ‘food business’ as any undertaking related to manufacturing, storing, distributing, or selling food.
- Section 31: Makes it mandatory for every Food Business Operator (FBO) to obtain a license or registration before commencing any food-related activity.
- Section 26(2)(ii): Puts the responsibility on the FBO to ensure that the food served or sold is safe for consumption.
- Section 63: Penalizes those who operate a food business without a valid license, with imprisonment up to six months and a fine up to ₹5 lakhs.
- Section 32(2): Provides for suspension or cancellation of a license if any food operator violates safety norms.
Types of FSSAI Licenses in India
- Basic Registration (Turnover up to ₹12 lakhs): For small vendors, temporary stall holders, or cottage industries.
- State License (Turnover ₹12 lakhs to ₹20 crores): For mid-sized businesses like small food manufacturers, distributors, or restaurants operating within one state.
- Central License (Turnover above ₹20 crores or Multi-State Operations): For large-scale businesses, importers, or exporters operating across states.
Procedure for Obtaining a Food License
The process has been simplified through the FoSCoS (Food Safety Compliance System) portal. Here’s how it works:
- Determine the type of license based on business size.
- Apply online through https://foscos.fssai.gov.in.
- Submit documents such as identity proof, address proof, layout of premises, list of food products, and a food safety management plan.
- Inspection of premises (if required).
- Issuance of license with a unique 14-digit FSSAI number, which must be printed on all food packages and displayed at the business premises.
Validity and Renewal
License validity ranges from 1 to 5 years. Renewal should be done 30 days before expiry. Failure to renew on time can result in penalties and even suspension of business operations.
Consequences of Non-Compliance
Operating without an FSSAI license is a serious offense. Under Section 63 of the FSSA, such an act can lead to imprisonment up to 6 months and a fine up to ₹5,00,000.
- Section 50: Penalty up to ₹5 lakhs for selling sub-standard food.
- Section 52: Penalty up to ₹10 lakhs for misbranded food.
- Section 53: Penalty up to ₹1 lakh for misleading advertisements.
- Section 54: Penalty up to ₹10 lakhs for food containing extraneous matter.
Important Case Laws on Food Safety and Licensing
Swami Achyutanand Tirth v. Union of India, (2016) 9 SCC: the Court directed the government to implement stricter measures for milk purity and food safety. Key directives included enhanced enforcement, improved laboratory infrastructure, and public awareness campaigns to combat milk adulteration
Nestlé India Ltd. v. FSSAI (2015): In the ‘Maggi Noodles case,’ the Bombay High Court emphasized that regulatory authorities must act based on scientific evidence and not assumptions. The court also held that banning all nine variants of Maggi without sufficient evidence and proper procedure was arbitrary and disproportionate.
M/S Omkar Agency v. The Food Safety and Standards Authority AIR 2016 PATNA 160, (2016) 3 PAT LJR 667: in this case a legal challenge by a company to a ban on smokeless tobacco products, arguing that the Food Safety and Standards Act (FSSA) could not regulate these products, which are already covered by the Cigarettes and Other Tobacco Products Act (COTPA). The Patna High Court ruled that tobacco-based products are not “food” under the FSSA and that COTPA, being a central law for tobacco products, regulates them exclusively. The court also found that a blanket ban by a Food Safety Commissioner was an excessive delegation of power
Why Food Licensing Matters
- Consumer Trust: A valid FSSAI license assures consumers that the food is safe and meets quality standards.
- Legal Protection: It shields food businesses from penalties and litigations.
- Brand Credibility: Companies with FSSAI numbers gain more recognition and reliability in the market.
- Public Health: It ensures that food reaching consumers is hygienically prepared to address these gaps, the FSSAI has launched initiatives like ‘Eat Right India Movement’ and ‘Food Fortification Programme’ to promote healthy and safe food practices across the country.
Conclusion
A food license is not just a legal requirement it’s a promise of trust and safety. By complying with FSSAI regulations, businesses ensure that consumers enjoy their meals without fear of contamination or adulteration.
The Food Safety and Standards Act, 2006, stands as a strong pillar safeguarding India’s diverse food culture. As the food industry continues to grow, it becomes our shared responsibility both as producers and consumers to uphold these standards and make ‘safe food’ a nationwide movement.
Author Name: Ankit Raj, Co-Author – Nisha Kumari
