FSSAI License in Tamil Nadu

The aura offered by a delicious meal is not to be undermined, but the food we consume must also meet the general safety and hygiene standards. Considering this, it is significantly important that the food served at any premises or for that matter the food products sold in any of the vast chains of supermarkets or retail shops maintain the requisite safety and hygiene standards, which can hardly be the case in the absence of a proper legal system. In India, FSSAI (Food Safety and Standers Authority of India) is vested with the responsibilities of food administration in the country. This article is an account of the provisions related to the issue of FSSAI license in Tamil Nadu.

Food Safety and Standards Authority of India

The Food Safety and Standers Authority of India (FSSAI) is an entity that is established under the Food Safety and Standards Act, 2006; which is a compilation of various Acts and orders pertaining to the food sector. The entity has been established with the prime objective of laying down science-based standards for articles of food and to regulate the manufacture, storage, distribution, sale and import/export of food to ensure the availability of safe and wholesome food for human consumption.

The Food and Safety Act, 2006

The Food and Safety Act of 2006 was brought into force by revoking several other relevant Acts such as the Prevention of Food Adulteration Act, 1954; Fruit Products Order, 1955; Meat Food Products Order, 1973; Vegetable Oil Products (Control) Order, 1947; Edible Oils Packaging (Regulation) Order 1988; Solvent Extracted Oil, De-Oiled Meal and Edible Flour (Control) Order, 1967; Milk and Milk Products Order, 1992 and a few others. The then newly framed Act intended to establish a single reference point for aspects related to food safety and standards by transmitting what was a multi-level, multi-departmental control to a single line of command. For this purpose, the Act lead to the creation of an independent statutory authority, namely the Food Safety and Standards Authority of India, which as we now understand is vested with the administrative responsibilities for food control in India, along with the various state food authorities.

Conditions of Issuance

An FSSAI license is issued on compliance with the below-mentioned check-list, which is to be religiously followed by all licensees:

The licensing authorities must be granted the essential access to the premises of the Food Business Operator (FBO) for the purpose of inspection and validation.
The concerned authorities shall be intimated of any changes or modification in the way of operations.
At least one technical person must be appointed to supervise the production process. A person designated for this purpose must hold a degree in science with Chemistry/Biochemistry/Food and nutrition/ Microbiology/Food Technology (Degree or Diploma)/ Dairy Technology/ Dairy Microbiology/ Dairy Chemistry/ Dairy engineering/ Oil technology/ veterinary science/ Hotel Management and Catering technology or any degree or diploma in any other discipline connected with the requirement of the business. These degrees must be availed from a recognized university or institute.
The filing of annual returns must be pursued for the particular financial year by the 31^st of May.
No products, except for the ones mentioned in the license/registration are produced in the unit.
Standards of sanitation and hygiene are maintained in accordance with the sanitary and hygienic standards as specified in schedule-4.
Separate records must be maintained for production, raw materials utilization and sales.
The raw materials sourced and used are standardized with optimum quality.
The Food maintained in the unit must be manufactured, stored, exposed for sale or permitted for sale in premises which are free from any privy, urine, drain or foul and waste matter.
The premise must be installed with a clean-in-place system for the timely cleaning of machine and equipment.
The food products must be tested with the relevant chemical and/or microbiological contaminants based on the stipulated regulations so as to ensure the production and delivery of safe food through a recognized lab. This must be carried out on a six-month basis.
The required temperature must be maintained for the entire supply chain.
The manufacturer, importer or distributor transacts with licensed/registered vendors and maintains records of the same.
Proprietors of hotels, restaurants and other food stalls involved in the sale of savories, sweets or other food articles must place a notice board that specifies the list of food articles cooked in ghee, edible oil, vanaspati, and other facts.
FBO’s involved in the sale of cooked or prepared food must display a notice board of the nature of articles sold.
Manufacturers or wholesale dealers of commodities such as butter, ghee, vanaspati, edible oils, solvent extracted oil, de-oiled meal, edible flour and any other fats must maintain a register of the quantity of manufactured commodities, articles received or sold, the nature of soil seed used and the quantity of de oiled meal and edible floor used, and so on and so forth.
The manufacture of vegetable oil, edible oil, and other products must only be conducted if the particular manufacturer owns any laboratory facilities for the testing of samples.
FBO’s are prohibited from engaging in the sale or distribution or offer for sale, dispatch or delivery of edible oil which isn’t packed, marked, and labeled in the appropriate manner.

Fee for the Issue of License

The following fee rates must be remitted to avail a license in the State of Tamil Nadu:

Capacity of Production/Type of Unit	Applicable Fee
If the production capacity ranges above 1 MT per day	Rs. 5,000
If the production capacity ranges between 10,000to 50,000 LPD of milk or 501 to 25000 MT of milk solids in a year	Rs. 5,000
If the production capacity is below 1 MT of production	Rs. 3,000
If the production capacity ranges between 501 to 10,000 LPD of milk or 2.5 MT to 500 MT of milk solids in a year	Rs. 3,000
Hotels rated 4-star or below	Rs. 5,000
Food Service Providers	Rs. 2,000

The fee for renewal of license is determined based on the number of years of validity opted for by the applicant. A duplicate license is issued by remitting a fee that is 10% of the applicable license fee.

Documents Required

The documentary requirements for FSSAI licensing vary in accordance with the nature of license issued. An FSSAI license could be:

A new license
A conversion license
A renewed license
A modification of the existing license

Documents Required for Grant of New License

Duly completed application in Form-B, signed by the proprietor/partner of the Authorized Signatory.
A sketch of the layout of the processing unit.
List of Directors, partners, proprietors, executive members of the society/trust with complete details of address and contact (for manufacturing and processing units).
List of equipment/machinery, along with the number, installation capacity, and utilization of horsepower (for manufacturing and processing units).
Proof of identity and proof of address of the Proprietor/Partner/Director/Authorized signatory.
List of food category to be manufactured in the unit (for manufacturers).
Letter of Authority with details of the names and addresses of the concerned person nominated by the manufacturer, along with the details of the alternative responsible person depicting their discretionary roles.
Chemical and bacteriological analysis report to be used as ingredients in the food products, which can be availed from a recognized/public health laboratory.
Proof of possession of premises.
Partnership deed (for partnership firms).
Affidavit of Proprietorship (for sole proprietorship firms).
Memorandum and Articles of Association (optional).
Copy of Certificate availed under the Coop Act of 1861 or Multi-State Coop Act of 2002 (for co-operative societies).
NOC (No Objection Certificate) and a copy of the license issued by the manufacturer (meant for re-labelers and re-packers).
Food Safety Management Plan or certificate (if needed).
Details of the source of milk or plan of procurement of milk. (For units processing milk and milk products).
Details of the source of raw material for meat and meat processing plants (for meat processing units).
Pesticide residues report (if the particular unit is engaged in the manufacture of drinking or carbonated water). This can be availed from a recognized/public health laboratory.
Recall plan.
No Objection Certificate (NOC) from the municipality or local body.
Nomination of persons in Form 9 combined with a board resolution.
Certificate issued by the Ministry of Tourism (for hotels).
Supporting documentary proof for turnover or self-declaration of the number of vehicles (for transporters).
Declaration Form (for Delhi and Himachal Pradesh).

Documents Required for Grant of Conversion License

Application in Form-B, which is completed and signed by the applicant; who could be a proprietor/partner of the authorized signatory.
Change in documents or information furnished during grant of previous license (must be issued in a letter-head).
Certificate or Plan of the adopted Food Safety Management System (for units which are centrally licensed) or Affidavit.
List of workers employed and their medical fitness certificates.
Details of technical personnel involved in the operations (for manufacturing and processing units).
List of persons nominated by the company, combined with the Board Resolution.
Declaration Form (for Delhi and Himachal Pradesh).

Renewal License

Application in Form-B duly completed and signed by the proprietor/partner of the authorized signatory.
Annual audit report/FSMS plan/Certificate/Self Declaration of the FSMS.
Details of persons nominated by a company, combined with the Board Resolution.
Declaration form (for Delhi and Himachal Pradesh).

Modification of License

Duly completed application in Form-B, signed by the proprietor/partner of the Authorized Signatory.
Any change in documents or information provided prior to the issue of the previous license.
A certificate or Plan stating the adoption of Food Safety Management System.
A list comprising of the name, qualification, and details of the technical person designated for the operation (for manufacturing and processing units).
Proof of the name change (for companies).
Copy of COI and ROC (for partnership firms).
Copy of the new partnership deed (for partnership firms).
A letter of undertaking from the proprietor (for sole proprietorship firms).
List of Directors, partners, proprietors, executive members of the society/trust with complete details of address and contact (for manufacturing and processing units).
Proof of identity and proof of address of the Proprietor/Partner/Director/Authorized signatory, which is issued by a Government authority.
List of food category to be manufactured (for manufacturers).
Letter of Authority with details of the names and addresses of the concerned person nominated by the manufacturer, along with the details of the alternative responsible persons.
Chemical and bacteriological analysis report to be used as ingredients in the food products, which can be availed from a recognized/public health laboratory.
Partnership deed (for partnership firms).
Affidavit of Proprietorship (for sole proprietorship firms).
Memorandum and Articles of Association (optional).
Copy of Certificate availed under the Coop Act of 1861 or Multi-State Coop Act of 2002 (for co-operative societies).
NOC (No Objection Certificate) and a copy of the license issued by the manufacturer (meant for re-labelers and re-packers).
Source of milk or plan of procurement of milk (for units processing milk and milk products).
Source of raw material for meat and meat processing plants (for meat processing units).
Pesticide residues report (if the particular unit is engaged in the manufacture of drinking or carbonated water). This can be availed from a recognized/public health laboratory.
Declaration Form (for Delhi and Himachal Pradesh).

Application Procedure

The application procedure for application of FSSAI license in the State of Tamil Nadu has been provided below: Step 1: Are you eligible? The applicant may initiate the application procedure after verifying the criteria of eligibility provided in the FSSAI portal.

Eligibility Step 2: Sign up to register If found eligible, the applicant may avail the registration for licenses issued under the FSSAI banner, the likes of which include:

Central license
State license
Basic license

The application for registration must be furnished in Form A. Form A

Form A Step 3: Enter Details Enter the details demanded on the registration page. Step 4: Login and Complete the Application After the process of registration, the user may log in to the portal for completing the application in Form B. Step 5: Uploading of Documents and Payment of Fees The procedure can be concluded by attaching the requisite documents into the portal and remitting the applicable fee amount.