On December 15, 2020, FSSAI, India's primary food regulator, agreed to include facilities for FBOs to file an online request to reactivate the FSSAI license and registration using the online platform, FoSCoS. In this respect, the FSSAI issued an order noting that the aforementioned site is now equipped with functionality allowing online submission requests for application reinstatement.  

Types of Licenses Under FSSAI

Businesses involved in food-related activities can visit FSSAI to seek a registration or license. FSSAI registration is a 14-digit number often attached to food products for human consumption. It requires food company owners to adhere to mandatory food safety standards.

The size of an FBO determines whether it requires registration or a license. Currently, FSSAI issues food licenses under three broad categories, as listed below:

FSSAI Basic Registration:

Small business proprietors and tiny food operators are generally covered by basic FSSAI registration. However, it is now offered to individuals with an annual revenue of less than Rs 12 lakh. This registration is required for food industry owners who fit into this category.

FSSAI State License:

In general, the FSSAI State license is intended for organisations with yearly revenues ranging from Rs 12 lakh to Rs 20 crores. In the legal world, such entities are known as medium-sized FBOs. The state FSSAI license has a variable validity duration ranging from 1 to 5 years.

FSSAI Central License:

As the titles imply, this license is required for major enterprises with a multi-state footprint or a yearly turnover of more than twenty crores. The Central FSSAI license has a comparable validity duration to the State FSSAI license.

FSSAI Issued SOPs To Address Issues Such As FSSAI Application Rejection

It should be remembered that simply applying for a food license does not guarantee its granting. There are several reasons why the FSSAI application should be withdrawn. First, on July 7, 2020, the FSSAI revealed the SOP, or standard operating procedure, which aids in the revival of rejected applications.

However, the aforementioned SOPs are only relevant in the four scenarios listed below:

If the Food business operator erroneously revokes the application while it is being processed.

If the cancellation of the food application is due to a technological error.

If the system rejects the FSSAI application due to insufficient information or papers.

Resubmitting The Application

• Don't be alarmed if you get a rejection letter for your FSSAI application in India. You can still try to get your application accepted by taking the following steps:
• Make sure you thoroughly read the rejection letter. It will inform you what errors caused your application to be denied.
• Before submitting a new application, make sure you address any errors. In addition, make sure you adhere to all of the documentation rules provided in the FSSAI manual.
• To ask inquiries or receive clarification on specific requirements, try contacting the FSSAI regional office in India.
• Review of a Basic and State FSSAI License that was Rejected
• Applicants must submit a reactivation request to the State Food Safety Commissioner within three months of their denial.
• After receiving the reactivation request, a selected officer will review it for merit.
• Within thirty days of receiving a request from a food operator, the applicant must send an email summarising their findings to the RC Division.
• According to the Designated Officers, the proposal must be delivered to the IT department for the application reactivation procedure.
• The IT department will assess the application that appears to be relevant before reactivating it. They will also contact the DO/CFS under RCD's supervision and provide information about the reactivation.
   

Revival of A Central FSSAI License Application that was Rejected

• Applicants must apply to their local FSSAI Regional Office within six months of the denial date.
• After considering the request, the director of the RO will assess the case for the verification procedure.
• After considering the request, the regional office head will email the suggestion to the RCD (Regional Compliance Division) at enforcement1@fssai.gov.in.
• The RCD will investigate the case based on the RO's recommendation.
• According to the suggestion, the RCD's Executive Director would function as the final adjudicator in such circumstances.
• Following RCD approval, the matter will be submitted to the IT Division.
• In the worst-case situation, an FBO may be invited to the FSSAI headquarters for a CEO review.
• An application for a Central Fssai License that has been refused must be resubmitted to the FSSAI Regional Office within six months of the rejection date.
• After considering the request, the director of the RO will assess the case for the verification procedure.
• After considering the request, the regional office head will email the suggestion to the RCD (Regional Compliance Division) at enforcement1@fssai.gov.in.
• The RCD will investigate the case based on the RO's recommendation.
• According to the suggestion, the RCD's Executive Director would function as the final adjudicator in such circumstances.
• Following RCD approval, the matter will be submitted to the IT Division.
• In emergency instances, an FBO may be required to attend the FSSAI headquarters and be examined by the CEO.

Time Taken by A New FSSAI Application to Get Processed

A fresh FSSAI application might take up to six months to be processed. However, depending on the application's complexity, it may take longer.

Kinds of Approvals Granted by FSSAI

No Objection Certificate (NOC) - If your product does not contain any prohibited ingredients, the FSSAI can issue you a NOC. This means you can sell your goods without a licence or permission from the government.

Approval with Limitations -

If your product includes certain banned ingredients but does not exceed the FSSAI's maximum limits, you may be approved with conditions. This implies that you must follow specific criteria in order to sell your goods, and the FSSAI will examine your facility on a regular basis to verify that you do so.

Permission -

You can get approval from the FSSAI if your product does not include any banned ingredients and does not surpass the maximum limits imposed by the agency. This implies that your product can be offered without the need for any additional licences or clearance from the foscos login agency.

Registration Certificate (RC) -

If your product contains some forbidden ingredients and fits certain additional criteria, you will be obliged to register it. This signifies that the FSSAI has authorized you to market your goods in India.

Conclusion

Don't be dismayed if you recently applied for a Food Safety & Standards Authority of India (FSSAI) registration in India and your application was refused. Even if your application has been refused, there are still actions you may take to try to acquire a registration certificate. For example, you may be required to submit further paperwork or file an appeal. After the first application has been refused, getting a registration certificate in specific instances may be feasible. However, do not put off taking action until the last minute; attempting to get an FSSAI registration on an individual basis can be time-consuming and complicated.