The Food Safety and Standards Authority of India (FSSAI) has issued a directive to all Food Business Operators (FBOs) regarding the mandatory update of Form IX nominee details, along with the introduction of an auto-approval provision for certain modifications in the Food Safety Compliance System (FoSCOS). This notice dated February 18, 2025 was published on February 24, 2025.
The FSSAI has observed that many FBOs fail to update the details of the Form IX nominee, the individual responsible for compliance with license conditions, when changes occur. This lack of updated information hinders the authority’s ability to ensure adherence to food safety regulations.
Legal Obligations
The FSSAI has reminded FBOs of their legal obligations under:
Rule 2.5.2 of the Food Safety and Standards Rules, 2011: This rule mandates that companies must inform the Licensing Authority of any changes in the Form IX nominee details.
Sub-regulation 2.1.9 (1) of the FSS (Licensing and Registration of Food Businesses) Regulations, 2011: This regulation requires FBOs to keep the Registering or Licensing Authority informed of any modifications or additions or changes in product category, layout, expansion, closure, or any other material information based on which the license was granted.
Sub- regulation 2.1.2 (5) of FSS (Licensing and Registration of Food Businesses) Regulations, 2011: This mandates that all Food Business Operators shall ensure that all conditions of license as in Annexure 3 of Form B in Schedule 2 are fulfilled, including informing Authorities about any change or modifications in activities/content of license.
Mandatory Updates and Penalties
The FSSAI has directed FBOs to ensure that the authorities always have accurate and current information, including changes in Form IX details. Failure to comply with this directive may result in penalties under Section 58 of the Food Safety and Standards Act, 2006.
Auto-Approval for Non-Form C Modifications
To streamline the process, the FSSAI has introduced an auto-approval provision in FoSCOS, effective from February 12, 2025. This provision allows FBOs to modify Non-Form C details, including Form IX details, without requiring approval or scrutiny from the concerned authority. These modifications can be made without any fee.
This new system is designed to allow for quicker updates, and lessen the burden on FBO’s for routine changes.
