Liasoning in Retail

Food Safety and Standards Authority of India (FSSAI): Legal and Compliance Services for Food Business Operators

The Food Safety and Standards Authority of India (FSSAI) plays a pivotal role in regulating food safety standards, ensuring that food products sold in India meet specific quality, hygiene, and safety standards. Businesses involved in the food sector, including manufacturers, importers, distributors, and food service providers, must comply with these regulations to operate legally and maintain consumer trust. Astrea Legal offers specialized legal services tailored to food businesses, ensuring adherence to FSSAI guidelines and other essential laws.

Key Compliance Requirements for Food Business Operators (FBOs):

Food Business Operators must meet several legal and operational requirements under the Food Safety and Standards Act to operate legally. Below are the critical obligations and guidelines that FBOs must adhere to:

1. Display of License and Access to Authorities:

• License Display: Food Business Operators (FBOs) must display a true copy of the license (Form C) at a prominent location within the premises at all times.
• Access to Licensing Authorities: FBOs must grant necessary access to licensing authorities or their authorized personnel to inspect the premises.

2. Reporting Changes and Maintaining Qualifications:

• Modifications to License: FBOs must inform authorities about any changes or modifications to activities covered under the license.
• Technical Personnel: FBOs must employ at least one qualified technical person (e.g., food technologist, microbiologist, or chemist) to supervise the production process, ensuring compliance with health and safety standards.

3. Filing Returns and Documentation:

• Annual Returns: FBOs must submit an annual return between 1st April to 31st March by 31st May of each year. Additionally, FBOs involved in milk and milk products must file half-yearly returns.
• Production and Sales Records: FBOs must maintain daily records of production, raw material usage, and sales.

4. Sanitation and Hygiene:

• Hygiene Standards: FBOs must ensure the maintenance of sanitary and hygienic conditions in the factory, including worker hygiene, as specified under Schedule 4 of the FSSAI regulations.
• Separation of Premises: Food manufacturing or sales premises must be effectively separated from areas of waste disposal, foul matter, and other potentially contaminating factors.

5. Testing and Quality Control:

• Chemical and Microbiological Testing: FBOs must test for relevant chemical or microbiological contaminants as required by regulations, typically every six months, either in-house or through NABL-accredited/FSSAI notified labs.
• Temperature Control: FBOs must maintain the required temperature throughout the supply chain, from sourcing to final consumer delivery, to ensure food safety.

6. Vendor Compliance:

• Licensed Vendors Only: FBOs must only buy and sell food products through licensed or registered vendors and must maintain detailed records of these transactions.

7. Product and Labeling Standards:

• Food Labeling: Products must be labeled according to FSSAI standards, ensuring transparency and consumer protection.
• Specific Notice Boards: FBOs like hotels, restaurants, and food stalls must display notice boards with details on ingredients used, especially concerning fats like ghee, edible oils, or vanaspati.

8. Specialized Requirements for Certain Products:

• Butter, Ghee, Edible Oils: Manufacturers must maintain a register showing the quantity of products produced, received, and sold, along with specific details about the oils and fats used.
• Laboratory Requirements for Oil Producers: Producers or manufacturers of vegetable oil, edible oils, and related products must have their own analytical laboratory for testing samples.

Retail Licensing Services Provided by Astrea Legal:

Astrea Legal offers comprehensive legal support to Food Business Operators (FBOs), ensuring compliance with FSSAI regulations and other relevant retail licensing laws. Our services cover a wide range of needs, from licensing and permits to ongoing compliance and risk management:

1. Food and Drug License

• Ensuring that your food business obtains the necessary FSSAI food licenses for the sale and manufacturing of food products.

2. Shop Act License

• Assisting businesses in obtaining Shop Act Licenses, which are essential for operating retail establishments.

3. Insecticide License

• Guidance on obtaining licenses for handling, storing, or selling insecticides, as required for certain food businesses.

4. Illuminated Signboard Permits

• Assistance in securing permits for illuminated signage in retail food establishments, complying with municipal and advertising regulations.

5. 365-Day Permission

• Supporting businesses in obtaining year-round operational licenses for retail food businesses that require continuous operation.

6. Municipal Corporation and Trade Licenses

• Helping clients secure the necessary municipal corporation licenses for food business operations and trade licenses.

7. Food Handler Certificate

• Legal advice on obtaining Food Handler Certificates, which ensure that employees are trained in proper food safety practices.

8. Essential Commodities Act Licensing

• Assistance in obtaining licenses for businesses dealing with essential commodities, such as grains, oils, and other food items regulated by the Essential Commodities Act.

9. Bakery License

• Legal services for businesses in the bakery industry, helping them secure the proper licenses under FSSAI guidelines.

10. APMC (Agricultural Produce Market Committee) Licensing

• Ensuring compliance with APMC regulations, which apply to businesses dealing in agricultural products such as fruits, vegetables, and grains.

Why Astrea Legal for Your Food Business Compliance Needs?

Astrea Legal’s Tourism and Hospitality practice extends to the food industry, offering tailored legal support for businesses to navigate the complex regulatory environment. With expertise in FSSAI compliance, licensing requirements, and dispute resolution, we ensure your food business operates legally and efficiently while meeting the highest safety and quality standards.

Our team of experts provides strategic guidance to help you:

• Streamline the licensing process
• Ensure ongoing compliance with food safety standards
• Navigate legal complexities in the food business (including food claims, contracts, and intellectual property)

Partner with Astrea Legal to secure your business’s growth, minimize risks, and maintain consumer trust in a rapidly evolving industry.