The Food Safety and Standards Authority of India (FSSAI) has directed for the re-operationalising the Food Safety Standards (Licensing and Registration of Food Business) Amendment Regulations, 2020. These directions were issued by a notification dated 28th September 2020. The re-operationalisation of the said Amendment Regulations will be in effect from 27th September 2020.
The FSSAI states that it is in the process of notifying draft regulations and it acknowledges that the process of notification, consideration of comments received thereon and finalization of these regulations will require additional time. Hence in the meanwhile, it has decided to re-operationalise the said Amendment Regulations.
The Food Business Operators (FBOs) are required to comply with these Regulations. However, the enforcement of these Regulations will commence only after the final regulations are notified. The exception to this is the provision relating to fees for upgradation of licence in case of modification, expansion or changes in the premises after the grant of licence. This provision was amended on 27th March 2020 and is being enforced from that date.
The amendment stipulated for a change in the requisite fees for upgradation of licence. Prior to the amendment fees equivalent to the annual license fee was payable but the amendment provided for a fee of Rs. 1000 in addition to the differential amount of annual fee.
The FSS (Licensing and Registration of Food Business) Amendment Regulations, 2020 contemplates the following aspects:
Fees and Other Charges
These will be levied as prescribed by the FSSAI and their non-payment will result in suitable action against the FBO.
Testing
A manufacturing and processing licence holder must implement and maintain a quality control plan of testing so as to comply with prescribed standards. The periodicity of such tests and the type of tests to be carried out in-house will also be specified by the FSSAI. The FSSAI may also specify the laboratory and testing personnel for this purpose.
Inspection and Audit
The Commissioners of Food Safety is required to draw plans for periodic inspections of food businesses. The FBO must get a food safety audit done by one of the third-party auditing agencies or auditors recognized by FSSAI.
Moreover, the FBO is required to obtain a hygiene rating for his food business as per the terms determined by the FSSAI.
Food Safety Supervisor
FBOs must ensure training of Food Safety Supervisor under training programmes of FSSAI. Food Safety Supervisor will supervise the food handlers and also ensure their training.
Scheme for Facilitators
FSSAI can empanel individuals/companies/organisations to assist the FBOs in applying for Registration/License and the related activities such as modifications, and submission of annual returns and annual declaration.