Procedure to Migrate From FSSAI State License to Central License

The Food Safety and Standards Authority of India (FSSAI) via Circular dated 31 May 2021 has allowed food businesses to migrate from state license to central license or vice versa without change in FSSAI license number. The current article briefs the Procedure to Migrate FSSAI State License to Central License.

Synopsis of Notification

The Food Safety and Standard of India (FSSAI) have enabled food businesses to migrate from state license to central license or vice versa without change in the FSSAI License number.

As food businesses face problems in migrating between state to central license or vice versa as it requires a change in their FSSAI License number.
Therefore, it has been allowed that the migration of state license to central license or vice versa without changing the FSSAI license number
Registration, which is for petty food business operators (FBOs), has been consciously kept out as only a one-time upgrade for registration to a state license is expected.

Types of FSSAI Licence

For all food-related businesses such as manufacturing, trading, restaurants, small eateries, grocery shop, importers, exporters, home-based food businesses, dairy farms, and processors, it is mandatory to get an FSSAI license or FSSAI registration before commencing with the Company. This 14-digit FSSAI license number gives information about the producer's permit. The three types of FSSAI Licence are as follows:

FSSAI Basic License
FSSAI State License
FSSAI Central License

Basic registration - Basic Registration is necessary when the annual turnover is less than 12 lakh; the registration should be done. State License - An application shall be made for a state license if the annual turnover is between 12-20 crores. Central License - If the annual turnover is above 20 Crores, then the food business must apply for a Central license. Based on the annual turnover, a food business operator has to apply and get an FSSAI license mandatorily.

Existing Format of FSSAI license

The existing Format of the FSSAI license/Registration number is as follows: [caption id="attachment_111312" align="aligncenter" width="284"]

FSSAI Number

Section 1 [First Digit] – Information about the registration status of the food business whether registered or not.
Section 2 [ Digits 2 and 3]- State code where the food business is operational
Section 3 [ Digits 4 and 5]- I Year of manufacture of the particular food product.
Section 4 [Digits 6, 7, 8 ]- Quantity of enrolling master
Section 5 [Digits 9-14]- Permit Number of the maker

FSSAI Number for Migrated License

The second and third digits of 14-digit license numbers have been made state department instead of “00” for central licenses.

For example, if a Central License is of the State of Andhra Pradesh, the second and third digits will be ‘01’ instead of ’00’ as it is in the case of a State License. However, in the case of a migrated license, the same license number shall continue to be valid with precious codes (e.g., ‘00’ for Central License). In other words, there will be no requirement to change the central License numbers already granted till the time of implementation of the new order/policy.

The DO code for every state (6, 7, 8 digits from left) is changed to “999” in case of a central license to distinguish licenses initially granted by central licensing authorities.

The DO code for every state (6th, 7^th, 8^thdigits from left) is changed to ‘999’ in the case of central License to distinguish licenses initially granted by Central Licensing Authorities. This would remain the same even in the case of migration. This factor is necessary also for emergency circumstances i.e., whenever there is a requirement for issuance of a physical license, this factor would differentiate the Authorities and prevent overlapping license/ registration numbers. Further, in the future, if there will be more than one CLA, within one State, the second CLA may have DO Code as ‘998’ and so on

Capturing of sub-districts in case of new applications of Central Licenses shall be enabled for any future migration of central licenses to the State Authority. Sub-district will be asked at the time of migration in case of already granted central licenses. There is an additional column in the validity Annexure to License for mentioning the Jurisdictional Authority.

Calculation of Fee for Migrating FSSAI License

The fee shall be calculated at the time of modification, based on the number of years.

In case of migration of Central License to State License, no refund of fee shall be authorized. Only a Modification fee shall be charged.
No part-year consideration shall be given. Even if one day has lapsed in a year, a full year shall be counted.
No State to FSSAI (Central License) or FSSAI (Central License) to State fee adjustment shall be done.

If the State license was earlier granted for 5 years at Rs. 2000, the fee calculation would be as follows:

State License Fee refund: Rs. 2000. Central License Fee: 7500. Difference = Rs, 5500.
Final Fee: Modification Fee (Rs. 1000) + Difference Fee

Documents Required

The following documents are mandatory for the conversion of the FSSAI State License/Central License.

Form-B duly Completed and Signed by the Proprietor/Partner
Any change in documents or information provided during the grant of the previous license
Certificate or Plan of Food Safety Management System being adopted
List of workers with their medical fitness certificate
Name, qualification, and details of technical personnel in charge of the operation
Nomination of Persons by a Company along with the Board Resolution
Declaration Form (In the case of Delhi & Himachal Pradesh)

Procedure to Migrate FSSAI License (CL to SL /SL to CL)

To migrate FSSAI Central license to State License, FBOs need to submit an online application through the online mode on Food Safety Compliance System (FoSCoS) and possess a valid receipt of the application having a seventeen-digit application reference number

After login into the FoSCoS portal, a dashboard will be displayed, By clicking on the Migration option, the FBO can modify the respective FSSAI License or Registration Certificate.
At the time of applying for modification of the License along with the requisite fee for change in the jurisdiction [SL to CL or CL to SL], an automatic online application for transfer shall be sent to the existing authority, which needs to be scrutinized within 15 days of receiving of application. No comments on the transfer application by the existing authority within 15 days would result in auto-approval.
Then the application shall move to the destined licensing authority, who shall scrutinize the same and approve it as per the procedure stipulated under the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011. Once approved, the license with its record/history shall shift to the destined licensing authority. If rejected, the license shall continue with the existing licensing authority (with no refund of the license fee).