FSSAI Registration for Petty Food Vendor (PFV) – State and Central Licence

After understanding the basic reasons for the requirement of getting registered with the government agencies while supplying/ transporting/ storing/manufacturing/packing any kind of food items/ articles in our article titled FSS Act, 2006, FSSAI, FoSCoS and FSSAI Regulations- An Introduction, let us now discuss the documentation and the way to navigate through the FoSCoS website when making the application. If you will find this tedious, then click here to avail the service on our website as well as speak to an expert for FREE.

Nerd Corner:

Applicable sections and Laws: 

Regulations 2.1.2 till 2.1.7 of FSS (Licensing and Registration of Food Businesses) Regulations, 2011 (Regulations) deal with the provisions relating to application and issue of Licences under Food Safety and Standards Act, 2006 (FSS Act, 2006 or FSSA). 

Application for PFB registration, State/ Central licence under of FSS (Licensing and Registration of Food Businesses) Regulations, 2011

The Application has to be submitted on the FoSCos portal maintained by Food safety and Standards Authority of India (FSSAI)

Licence for food business 

Licenses are issued based on the total turnover or quantity and at times, they are under Central control if so stated.

The Central Licensing Authority will grant licences for commencing or conducting food businesses that fall under Schedule 1.  It has around 10 broad-heads. 

At times, regardless of the quantity, the License had to be applied for with the Central Authority 

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The data required for the application will be taken upfront by SeedUp’s execution force and the application process will be seamless. A query sheet with all the necessary data points with no duplication, will be shared with your office. Formats for all other disclosures, undertakings, resolutions etc. will be shared by SeedUp. 

Nerd Corner:

SCHEDULE 1

[See Regulation 2.1.2 (3)]

List of food business falling under the purview of Central Licensing Authority

I.        Dairy units- (including milk chilling units) equipped to handle or process more than 50,000 (fifty Thousand) litres of liquid milk/day or 2500 (two thousand five hundred) MT of milk solid per annum.

II.       Vegetable Oil- processing units and units producing vegetable oil by the process of solvent extraction and refineries including oil expeller units having installed capacity more than 2 (two) MT per day.

III.      Slaughter house- slaughterhouses that are equipped to slaughter more than 50 (fifty) large animals or 150 (one hundred and fifty) or more small animals including sheep and goats or 1000 (one thousand) or more poultry birds every day.

IV.     Meat processing- units equipped to handle or process more than 500 (five hundred) kg of meat per day or 150 (one hundred and fifty) MT per annum.

V.      All food processing units other than mentioned under (I) to (IV) above, including relabellers and repackers having installed capacity more than 2 (two) MT/day except grains, cereals and pulses milling units.

VI.     EOU’s- 100 % Export Oriented Units.

VII.    Importers- All Importers who import food items including food ingredients and additives for business / commercial purpose.

VIII.   All FBOs (food business operators) manufacturing any item of food containing ingredients or substances or using technologies or processes or combination thereof whose safety has not been established through these regulations or which do not have a history of safe use or food containing ingredients which are being introduced for the first time into the country.

IX.     FBOs (Food Business Operators) operating in 2 states or more than 2 states.

X.      Places under Governmental agencies- Food catering services in establishments and units under Central government Agencies like Railways, Air and airport, Seaport, Defence etc.

For all food businesses that are not covered in the above Schedule 1, licences will be granted by the State/UT's Licensing Authority, and is called the State License.

Conditions of license are complied with at all times.

Once a food business operator (FBO) receives its license, it has to comply with many statutory liabilities relating to display of information, ingress permission to inspectors, maintaining hygiene and safety protocols at all times.

The importance of all these cannot be impressed upon these FBOs as the food business they are dealing in affects the humans who are the end consumers and  any mishap in the final product may lead to catastrophic results. Thus, this industry, though being very benign, has the ability to touch upon the lives of the entire human population.

Application for licence to the Licensing Authority

An application for the grant of a licence shall be made in Form B of Schedule 2 (appended at the end of the writeup as Annexure 1) to the concerned Licensing Authority. Presently, physical filling up of the form and submission of form along with documents are not required. FoSCoS, the website maintained by FSSAI has the Form B in its online avatar. All attachments have to be printed, signed, scanned and attached. Form B should be read to understand what details have to be filled in the online form. 

1. Go to the website: https://foscos.fssai.gov.in/
2. Click on: Apply for New License/ Registration
3. Select the premise of operation from - General, Railway Station, Airport/Seaport
4. Thereafter, select the state/ station/ airport or seaport where premises are located for which License/Registration will be obtained.

Note: Each location will be issued a separate licence, except transporter where one licence will be issued for all vehicles of a single transporter/ business. 

In case FBO (Food business operator) is having premise and / or unit located in more than one state, he has to declare one premise as head office and has to obtain Central License for Head office and separate licences for each other location as per eligibility criteria of it being Central or State License or Registration.

A FBO’s (Food Business Operator) working premise (the address as given i the application form), should have only 1 (one) FSSAI License or Registration. In this license or registration, any number of ‘Kinds of Businesses’ (KoB) can be written/ endorsed.

5. Select Kind of Business (Multiple Selection can be made from each group)
6. Group Headers are: Manufacturer, Trade/Retail, Food Services/ Central Govt. Agencies/ Head office

Imp Note: Depending on the turnover, capacity etc., the website will automatically inform you whether you will need to apply for Registration, State License or Central License.

Under Manufacturer, you can choose from:

• Dairy units
• Vegetable oil and processing units
• Slaughtering units
• Meat processing units
• Fish and Fish Products
• Food or Health Supplements and Nutraceuticals etc.
• General Manufacturing
• Proprietary Food
• Non-specified food and food ingredients
• Substances Added to Food
• Radiation Processing of Food
• 100 % Export Oriented units
• Exporter - Manufacturer 

Under Food Services, you can choose from:

• Storage (Except Controlled Atmosphere and Cold)
• Storage (Cold / Refrigerated)
• Storage (Controlled Atmosphere + Cold)
• Wholesaler
• Distributor
• Transportation (having a number of specialised vehicles like insulated refrigerated van/ wagon and milk tankers etc.)
• Retailer
• Food Vending Agencies
• Importer
• e-Commerce
• Trader/Merchant - Exporter

Under Trade/Retail, you can choose from:

• Petty Retailer of snacks/tea shops
• Hawker (Itinerant / Mobile food vendor)
• Restaurants
• Food Vending Establishment
• Club/Canteen
• Caterer
• Hotel
• Mid-Day meal - Caterer
• Mid-Day meal - Canteen

Under Central Govt. Agencies, you can choose from:

• Food Catering Services in establishments and units under Central Government Agencies
• Storage (Except Controlled Atmosphere and Cold)
• Storage (Cold / Refrigerated)
• Storage (Controlled Atmosphere + Cold)
• Wholesaler
• Distributor
• Retailer

Under Head office, you can choose from:

• If carrying out food business activities in more than one State with the same company/organisation name.

Head office/ Registered Officice/Registered Office

7. View Eligibility-After assessment of the kind of Business(s) selected and inputs provided, the website will let the applicant know the kind of license they are eligible for. Then Click on to proceed.
8. Fill out all information and attach necessary documents required under the following heads: 

• Premises Detail 
• Product Selection 
• Communication Details 
• Required Document 
• Payments

9. The Payment has to be done in 2 stages generally. 

The schedule of fees is as per the list given in the Regulations. Click here to see the list. Of the total amount, generally 50% has to be paid at time of application submission. The rest of the amount has to be paid when approval is granted, and the applicant will have to pay the remaining fees to generate the License/ Registration.

Documents Required

The application has to be submitted alongwith the following documents, as applicable (depends upon the selections made in points 5 and 6 above). 

• a self-attested declaration on the letterhead of the LLP/ Company etc.
• Following attachments duly signed by the Directors/ Partners/ Authorised Representatives of the entity. This list of documents is being updated constantly. 

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1. Director Information:

• List of Directors (latest from the MCA portal
• Complete addresses- should match with data as appearing on MCA portal, and 
• Contact details (email and mobile).

2. Identification and Verification Documentation:

• Government-issued photo ID proof (self attested)
• Address proof for Proprietor(s), Partner(s), Director(s), and Authorised Signatory (self attested)

3. Firm Constitution Documentation:

• Partnership Deed
• Memorandum of Association & Articles of Association (as applicable)

4. The premises for which the application is being made, its Layout Design displaying dimensions in square metres with specifications of allocated areas for each operation.

5. Premises Possession Evidence:

• proof of premises i the form of ownership/rental agreement/utility bill- Eg.electricity bill etc.

6. Equipment and Machinery Inventory:

• Complete list of machinery and equipment, including quantity, installed capacity, and electricity (HP) usage.

7. Food Categories (For Manufacturers):

• List of desired food categories for production.

8. Manufacturer's Designated Authority:

• Authorisation letter indicating responsible person's name, address, and alternates. This letter outlines their powers, including working together with officers during inspections, sample collection, packing, and dispatch.

9. Cooperative Status (If Applicable):

• Certificate obtained under Cooperative Act 1861/Multi State Cooperative Act 2002, if applicable

10. Manufacturer's Consent (For Re-labellers):

• No Objection Certificate (NOC) from the primary manufacturer in case re-labelling of products is the main business activity.

11. Food Safety Management System:

• Plan or certification for Food Safety Management System, if any.

12. Pesticide Residue Report for Water (in case of Bottled Water Units):

• Pesticide residue analysis report for water used in packaged drinking water, mineral water, and carbonated water. 

• The report will be from a recognised/public health laboratory, with all required data.

13. Water Analysis Report:

• Chemical and Bacteriological analysis report of water utilized as an ingredient in food. The report should be from a recognized/public health laboratory, with all required data.

14. Milk Source or Procurement Strategy (Milk Processing Units):

• Explanation of milk source or procurement strategy, including details on milk collection centres.

15. Raw Material Source (Meat Processing Plants):

• Outline of the source of raw materials for meat and meat processing facilities.

16. Recall Plan (If Applicable):

• Detailed product recall plan, if relevant, including distribution information.

17. Local Authority Approvals:

• NOCs from Municipal/local body and State Pollution Control Board (excluding notified industrial areas).

Time Lines for Processing of FSSAI Application for Licence

60 days - within sixty days from the date of issuing an application ID number, the Licensing Authority has to issue the registration/license, subject to the provisions of the Regulations.

On submission of the application on the FoSCos website, with the application form complete in all respects with all documents as required. Thereafter, an Application ID number will be generated. This ID number has to be used for all future correspondence.

On submission of the form and the application ID no being generated, the Licensing Authority directs a Food Safety Officer or any designated person or agency to inspect the premises according to the prescribed methods outlined by the Food Safety and Standard Authority of India and these Regulations. 

If necessary, the inspecting officer or person may ask for resubmission of certain documents or for further documentation from the applicant. The applicant must carry out the necessary steps, changes, or alterations within 30 days or within the timeframe as allowed by the Licensing Authority and resubmit the application form.

Within 30 days from the receipt of an inspection report (excluding the time taken by the applicant to comply with the advice given in the report), the concerned Licensing Authority will evaluate the application and either grant or reject the license. However, before refusing a license, the applicant must be given an opportunity to be heard, and the reasons for refusal must be recorded in writing.

The Licensing Authority will issue a License/ registration. 

A true copy of the registration/ license must be prominently displayed at all times within the premises where the Food Business Operator conducts their food business.

Procedure for License in certain local areas

The Licensing Authority has the right to issue a single license for one or more food articles, as well as for various establishments or premises located within the same local area. This includes collection and chilling units operated by milk cooperatives or their members.

To uphold food safety and ensure compliance with all regulations outlined in the Act, the Chief Executive Officer of the Food Safety and Standards Authority of India, acting as the Food Safety Commissioner, has the authority to appoint a Designated Officer or Food Safety Officer for Central Government organisations such as Railways, Defense, etc., that have a significant number of food establishments. Their role is to oversee food safety measures in these establishments and ensure compliance with all other conditions prescribed for running a food business under the Act and its associated Regulations.

Furthermore, the Food Authority may conduct an annual food safety audit of these establishments. This audit can be carried out by the Food Authority's own personnel or accredited agencies to verify compliance with food safety standards.

When is the Commencement of Business to be done?

The FSSAI is supposed to issue the license within 90 days from date of application. If within 90 days, a license is not issued, or inspection report indicating defects from the concerned Licensing Authority under Regulation is not received, the applicant may commence his food business.

What is the Validity and Renewal of FoSCos Registration and License?

The Regulations allow for a license to be applied for 1-5 years validity, but generally, the FoSCos website gives a 1 year validity for a first time registration.

The Food Business Operator is responsible for ensuring compliance with all the conditions mentioned in Annexure below, as well as the safety, sanitary, and hygienic requirements outlined in Schedule 4, which are specific to the nature of the business. These requirements must be adhered to at all times.

Nerd Corner:

Annexure 

Conditions of License

When a license is issued by the FSSAI, there are certain things to be done by the FBO at all times. 

The FBO will:

1. Always display the true copy (original copy) of the licence (Form C) at a conspicuous place in the business premises.
2. Allow the people from FSSAI and its others sister concerns to enter and check the premises.
3. Keep the license updated with any changes /modifications, by filing applicable forms with the FoSCoS website
4. A technical person should always be in employment to supervise the production process. He should be either:

1. Holding a Science degree for Chemistry/Biochemistry/Food and Nutrition/ Microbiology or 
2. a degree or diploma in food technology/ Dairy technology/ dairy microbiology/ dairy chemistry/ dairy engineering/ oil technology /veterinary science /hotel management & catering technology or 
3. any degree or diploma in any other discipline related to the specific requirements of the business.

5. File the annual return (1st April to 31st March), within 2 months, i.e. by 31st May every year with the concerned authorities.
6. For business involved in Milk and Milk Products- half yearly returns have to be furnished Apr-Sep: before 30th November and Oct- Mar: before 31st May.
7. To do the business that is stated in the license and not go beyond that.
8. The place of business’ sanitary and hygiene status are always maintained as well as the employees and workers maintain the stated hygiene standards 
9. Daily production, sales, raw material consumption records are maintained properly.
10. Ensure the quality of raw materials being sourced.
11. The FBOs (Food Business Operators) shall maintain proper distance of the food items being stored/ manufactured/ packaged/handled from all kind of waste areas.
12. Ensure regular cleaning of the machine & equipments
13. Ensure that testing of all relevant chemical and/or microbiological contaminants in food products are conducted as frequently as required on the basis of historical data and risk assessment to ensure production and delivery of safe food 
14. Ensure that the required temperature will be maintained throughout the supply chain 
15. The manufacturer/importer/distributor will have to buy and sell food products only from, or to, licensed/registered vendors and maintain records thereof.

Other conditions

1. Intimate the end users of the type of cooking medium that has been used- ex- type of gee, vanaspati, oil etc that has been used. 
2. Intimate the end users of the type of food articles being put up for sale
3. Every manufacturer or wholesale dealer in butter, ghee, vanaspati, edible oils, solvent extracted oil, de-oiled meal, edible flour and any other fats shall maintain a register showing movement in and out from the place of business.
4. No manufacturer / producer of vegetable oil, edible oil and their products shall be eligible for licence under this Act, unless he has own laboratory facility for analytical testing of samples.
5. Furthermore, the Licensing Authority is responsible for conducting periodic food safety audits and inspections of licensed establishments either through its own personnel or authorised agencies appointed by the FSSAI.
6. It is prohibited for any individual to manufacture, import, sell, stock, exhibit for distribution, or sell any food item that has undergone irradiation treatment unless they have obtained a licence from the Department of Atomic Energy in accordance with the Atomic Energy (Control of Irradiation of Food) Regulations, 1996.