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Revised Guidelines of Food Business Annual Return Filing - IndiaFilings Last updated: August 24th, 2021 9:06 PM

Revised Guidelines of Food Business Annual Return Filing

The Food Safety and Standards Authority of India (FSSAI) on December 18, 2020, has issued a Notification regarding the Revised Guidelines of Food Business Annual Return Filing. With this notification, FSSAI mandates online submission of Annual Return by Food Business involved in manufacturing and importing of food products with effect from FY 2020-2021. The revised format of Annual Return has already been incorporated in Food Safety Compliance System (FOSCOS) and the window for return filing for FY 2020-2021 will open with effect from 1st, April 2021 onwards. The current article briefs the Revised Guidelines of Food Business Annual Return Filing.

Benefits Revised format of Annual Return

The provision of mandatory online submission of returns would further lead to other benefits:
  • The food business need not maintain receipts and records of physical nature.
  • food business operators(FBO)s shall be saved from inadvertent penalties
  • Reminders for submission of annual returns would be sent digitally. Country/State-wise analysis of data will be possible.
  • Updated data would be available, as till now all analysis is based on the data provided by the food businesses at the time of obtaining a license, etc

Earlier format for Annual/Half -Yearly Return for Food Business

According to the Food Safety and Standards (Licensing and registration) Regulations, 2011, food businesses having an FSSAI license need to file FSSAI returns. The FSSAI returns are basically of two types:

FSSAI Annual Return – Form D1

Food Business Operators (FBO) involved in the manufacturing and importing of food products need to submit Annual Returns by 31st May of every preceding financial year. The FSSAI Annual Return is required to be filed in a prescribed format(Form D1) laid down by the concerned Food Safety Commissioner concerning the category of food products manufactured or sold by the business during the previous financial year

FSSAI Half Yearly Return – Form D2

Manufacturers of Milk and Milk products need to submit Half-yearly returns within one month of completion of the previous half-year. According to the FSSAI regulation, all manufacturers of milk and milk products having an FSSAI license need to file the half-yearly returns known as Form D2. The half-yearly returns in Form D2 are of 2 types as mentioned below:
  • The one related to the period from 1st April to 30th September every year
  • The one related to the period from 1st October to 31st March every year.

Revised Format of Annual/Half -Yearly Return

As per the revised guidelines of FSSAI, For food business involved in manufacturing of milk and milk products, half-yearly return (Form D2) shall be discontinued. They shall be required to file the annual return for manufactures as per the revised format online. Note: A food business is required to file a separate FSSAI Annual return for every FSSAI license issued under the FSSAI regulations, irrespective of whether the same Food Business Operator holds more than one license. Know more about the FSSAI Registration/Licensing in India

Food Business Annual/ Half -Yearly Return Filing Date Extension

On account of the prevailing lockdown in India for the COVID-19 pandemic, the Food Business Operator (FBO) is facing difficulties in the submission of Annual/Half-yearly return. Considering the issues, the Food Safety Standard Authority of India has issued a circular concerning the extension of the timeline for filing Annual/Half-yearly Returns for Food Business. As per this notification, FSSAI extended the timeline for submission of annual return for the financial year 2019-2020 and a half-yearly return for the October 2019 – March 2020 till 31st December 2020. In this regard, the following procedural formalities need to be followed by FBO for filing Annual/ Half -Yearly Return.

Eligible FBO for Annual Return Filing

Following Food Business Operator (FBO) need to file the FSSAI annual return online in the Form D-1 to the Food Licensing Authority about the category of food products manufactured or sold by them during the preceding financial year:
  • Food manufacturers
  • Labelers
  • Importers
  • Packers
  • Every FBO except the ones dealing in milk and milk products.

Exemptions from Filing FSSAI Annual Return

According to the Food Safety and Standards (Licensing and registration) Regulations, 2011, the following food businesses are exempted from filing an FSSAI annual return online in India:
  • Fast food joints
  • Restaurants
  • Grocery stores
  • Canteens

Due Dates for the Submission of Form D1

The due date for annual return filing is 1st April to 31st March of every financial year. As per the FSSAI notification, the due date for submission of annual return is extended till 31st December 2020.

Penalty for Late or Non-submission of Annual Returns

Non-submission of annual return for the food business beyond 31st May of every year will attract a late fee of Rs. 100 per day till the date of submission of FSSAI annual return. Note: According to the notification, the penalty will not be deducted from the FBO till 31st December 2020

Details Required for Filing FSSAI Annual Return

The FBO need to provide the following details while filling the FSSAI Annual Return:
  • Name of the food product manufactured or imported
  • Size of the bottle, any other package (like PP) or bulk package
  • Quantity in Metric Ton
  • The selling price of the food products per Kg or unit of packing
  • Value of the Food Product
  • Imported quantity in Kg
  • The list of details of countries or port where the food products are imported
  • Rate per unit or per Kg of packing cost, insurance, and freight (C.I.F) free on board. / F.O.B.
The format of the FSSAI Annual Return Form D1 is as follows:

Procedure to File Annual/ Half -Yearly Return

According to the earlier guidelines, the FBO needs to download the requisite form D1/D2 Based on the kind of business (KOB. Fill the basic details of the food business and review the details provide and corroborate with the facts declared during the licensing process. In case of any deviations, please update the license by applying for modification through Food Safety and Compliance System (FoSCoS). Upon finalizing the details, the FBO can either send the details through registered post or email to the licensing authority within the respective jurisdiction. The details of the licensing authority can be accessed through the official website of the FSSAI. Note: Please note FSSAI doesn’t acknowledge confirming the successful submission of the returns.

New Online Procedure for Annual Return Filing

The revised format of Annual Return has already been incorporated in Food Safety Compliance System (FOSCOS) and the window for return filing for FY 2020-2021 will open with effect from 1st, April 2021 onwards. The notification pertaining to the Revised Guidelines for Annual Return Filing by Food Business is as follows: