Frequently Asked Questions

What will be the categories of the licenses in the Food safety regime?
Broadly speaking there would be two categories of Food Business Operators:
  • Petty Food Business Operators. (with annual business turnover upto Rs. 12 Lakh). These Petty FBOs will be registered by the registering authority.
  • Food Business Operators with the annual turnover of more than Rs. 12 Lakhs}. These FBOs will be license holder.
What would be the term of these licenses?

The term of the license would be for the period ranging from one year to five years depending on the option chosen by the FBO.

Who would be the registering and licensing authorities?

The registering authority for the Petty FBOs would be the the officer nominated by the State Commissioner of Food Safety and Designated Officer would be the Licensing Authority for the Food Businesses other than those mentioned in the Schedule-1 of the Rules, for which there would be a Designated Officer appointed by the Food Safety & Standards Authority of India.

What would be the Process of obtaining the License?
  • The FBO will apply for the license on the prescribed form to Designated Officer along the treasury challan of prescribed fee.
  • The D.O. will allot and I.D. No. to FBO. After getting necessary inspection an enquiry done the D.O. with issue the license. If the license is not issue with in sixty days after the date of allotment of I.D. the F.B.O. may commence his business.
What are the standards of the Registration?
  • The annual business turnover not exceeding Rs.12 Lakh.
  • Production Capacity not more than 100 litres.(except milk).
  • Slaughter capability not exceeding than the capacity of 2 Big/10 Small animals/ 50 birds
What are the forms prescribed for registration/ license?

For the registration/renewal of petty vendors-Form A of schedule IIFor the license/renewal of FBO—Form B of schedule II

How will be the license fee deposited?

The prescribed license fee will be deposited by the FBO in form of Treasury Challan in the State Treasury.

In case a licensee dies what will be the status of the license of deceased?

The license could be transferred to the name of the legal representative/family member after proper application for 90 days after the death of licensee. The period beyond 90 days could be extended by the D.O. with reason(s) to be recorded in writing

Where can one get the copy of this new Food Safety & Standards Act,2006, Rules & Regulations,2011.?

These are available on the department’s web

After the enforcement of the new Act what will be the status of the cases under Prevention of Food Adulteration Act,1954.?

They will be heard as before and will be decided as per the provisions of Prevention of Food Adulteration Act,1954 and Rules 1955.

What will be the judicial procedure under the new Act?

The judicial procedure will be as follows:

  • In the cases where offence is punishable with fine only Adjudicating Officer will decide the case. The appeal against the order of A.O. may be preferred to the Appellate Tribunal. The appeal against the decision of the tribunal may be preferred to the High Court.
  • The cases which are punishable with the imprisonment of 3 years are less, shall be tried by the court of Judicial Magistrate.
  • The cases punishable with imprisonment more than 3 years will be tried by the Special Court.
What is the procedure of Compounding?

If any petty vendor has committed any offence under this Act the D.O. after due authorization by the Commissioner of food safety may impose a fine upto Rs. One lakh.

What will be the effect of compounding? The prosecution will be launched or not?

After compounding of the case no prosecution shall be launched.

Who will be the Prosecution Sanctioning Authority?

Prosecution sanction shall be given by F.S.C. in cases where the penalty is imprisonment. In cases of punishment of fine only, the D.O. will be sanctioning authority.

What will be the provision of sampling under new act?

According to new provisions of the Act the food sample will be taken in four parts. One part will be sent to the Food Analyst for analysis. The remaining two parts will be deposited with D.O. and the fourth part will be sent to any accredited lab if F.B.O. wants. The expenses shall be borne by F.B.O. otherwise this part shall be deposited with D.O.

What are the provision for code slip under new act and who will issue them ?

The code slips will be issued by D.O. or any other officer of equivalent rank authorized by food safety commissioner.

What is the time limit for sample analysis by the lab ?

According new Act the time limit is fixed at 14 days.

When will be the Labs get accredited?

According to the FSSAI Letter dated 06.07.2011 the labs must get accredited by the time limit set by the Authority in this regard.

What are the previous Acts and orders covered under this new Act and what are provision for milk and milk product order ?
  • The Prevention of Food Adulteration Act, 1954 (37 of 1954).
  • The Fruit Products Order, 1955.
  • The Meat Food Products Order, 1973.
  • The Vegetable Oil Products (Control) Order, 1947.
  • The Edible Oils Packaging (Regulation) Order, 1998.
  • The Solvent Extracted Oil, De oiled Meal, and Edible Flour(Control) Order, 1967.
  • The Milk and Milk Products Order, 1992.
  • Any other order issued under the Essential Commodities Act, 1955 (10 of 1955) relating to food. Milk and Milk products order has been inserted in the new Act as a section.
What are the provisions for compensation in this act ?

In the case of death and body injury the compensation for the vocative or his legal representative is rupees one to five lakh.

What is the provision for the improvement notice ?

The improvement notice will be served by the D.O. in case the FBO is not complying with the compulsory conditions as laid by the Act & Rules & Regulations there under.If after this notice the FBO fails to comply with the conditions his license could be suspended and after serving this suspension period no improvement is made then the license will be cancelled thereafter.

Is the medical Certificate essential under this new Act?

If during the inspection the FSO feel that a person employed in the Food Business is infected with some contagious disease he may cause such person to be examined by a medical practitioner of the same gender.

In the new act the power to cancel the food license is vested with which Authority?

The Designated Officer.

What are the provisions for the subsequent offence punishment?

The subsequent offence punishment relates to the doubling (two times) of the punishment as pronounced on the first occasion. And after its repetition the fine upto Rs.One lakh on the daily basis will be imposed and license will be cancelled.

What is the time limit for the appeal in the High Court against the order of special court?

45 days after the receipt of Order.

What are the duties/ responsibilities of the FSO & DO under this Act?
FSO will inspect the food businesses for checking whether the provisions of Act are being followed or not. He will also collect samples for analysis.
  • D.O. will issue code slips for the sample collection, he will grant/ cancel food licenses. He will also sanction prosecutions for offences punishable with fine only.
Where one could appeal against the report of the Food Analyst?

Designated Officer.

What are the provisions for Food Poisoning in this new Act?

The Food Authority may by notification, require medical practitioner carrying on their profession in any local area specified in the notification, to report all occurrences of food poisoning coming to their notice to such officer as may be specified.

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