Everything a Restaurant Owner Should Know: Food Safety & Standard Act

The Food Safety and Standards Act, 2006 is a statute for regulation of safety and standard of food products in India. The objective of this Act is to protect the overall health of the public by regulating and supervising the safety of food in every procedure and step in food production. The restaurant owner should know why it is important for him to assure the safety of food in his food business and so it is necessary for him to obtain FSSAI License from the State Authority for the restaurant. Therefore, this article will talk about everything that a restaurant owner should know regarding food safety and standard act for his food business.

The most important license out of all the licenses is the FSSAI License that is required to run a restaurant successfully without getting caught into the legal issues.

Why is it necessary to obtain a Food License for a Restaurant Owner?

The purpose of obtaining a food license online is to ensure that the food business operators (FBO) provide standard quality food products that are packed, sold or traded and it meets the requirements agreed by FSSAI. The Food Safety and Standard Authority of India, 2006^[1] was established so as to ensure that good quality of food is supplied to the consumers and no contamination and substandard food products are provided by the food business operators. Therefore food license is mandatory for the food business operators in their food services.

For a Restaurant owner, it is necessary to obtain A Food License. Some of the reasons as to why a restaurant owner should register under FSSAI are: –

• FSSAI License ensures the food quality of a restaurant.
• In these times of customer awareness, only good quality food that has been certified for safe consumption is preferred by the consumers. Hence an FSSAI logo on pamphlets and menus of a restaurant increases the credibility of a restaurant as consumer’s confidence and trust is increased in the brand.
• Standardized restaurant kitchen operations also help in the expansion of the business. The FSSAI License is issued to only those restaurants which meet the requirements of the Act.

What are the Types of FSSAI Registration that a Restaurant Owner should know?

There are three types of food licenses which are based on the average turnover of the food business operator, as stated below: –

1. Basic FSSAI Registration

The petty food business operators whose turnover is not more than 12 lakhs per annum fall under the category of Basic FSSAI Registration. Example – vendors and hawkers.

2. State FSSAI License  

A food business operator whose turnover exceeds more than 12 lakhs but less than 20 crores per annum falls under the category of State FSSAI License.

3. Central FSSAI License

The food business operator whose turnover is more than 20 crores and up to a specified limit prescribed by the law fall under the category of Central FSSAI License.

What are the Entities that require to obtain the Food License?

• Wholesalers
• Retailers
• All types of food producers
• Food storage and production units
• Food traders
• Suppliers selling raw food products
• Online food business operators
• Transporter of food products
• Exporter and importer of food products
• Distributors of food products

Also, Read: What type of Licenses Required to Start a Food Van in India?

Procedure for FSSAI Registration in India – a necessity for a restaurant owner

The procedure for Food Safety and Standard Act registration in India is discussed as follows: –

• The very first step is the submission of Form A application to the food and safety department registering department.
• The application submitted by the applicant can either be accepted or rejected within 7 days from the date of filing by the department. It is necessary to specify the reasons for the rejection by the department.
• If the application is accepted, a registration certificate is provided to the food business operator (FBO). The FBO is required to display the registration certificate during the business hours provided by food safety and standard department.

Documents required for FSSAI Registration

The documents that are required for the FSSAI Registration are given below: –

Documents for Basic FSSAI Registration

• A passport size photo of the applicant
• An id proof

Documents for State and Central FSSAI License

• Address proof
• Passport size photo
• Import or Export License
• List of directors
• List of partners
• Memorandum of Association (MOA)
• Article of Association (AOA)
• Incorporation Certificate of the Food Business Operator
• An Identity proof
• No Objection Certificate (NOC) from the concerned authority

The other important requirements are: –

• For manufacturing food products, a blueprint of the warehouse
• List of all the machinery that is required for manufacturing
• Report on the test conducted on the water that is used for the purpose of manufacturing food products
• List of all the food categories that the manufacturing sector is going to use.

Time period of Registration

It is necessary for the food business operators to obtain an FSSAI Registration certificate depending upon the type of food license, that is, Basic FSSAI Registration, FSSAI State license or Central License. The time period for the validity of the license is one or five years as selected by the food business operator.

What are the consequences for non-compliance of FSSAI Registration by a Restaurant owner in India?

A person who has registered under the FSSAI has to follow all the rules and regulations under the Food and Safety Standards Act, 2006. A scrutiny of the food business is ordered by the food safety officer and he identifies the level of compliance with the law by using a checklist maintained by the FSSAI. Based on the compliances, the food safety officer states the compliance as:

• Compliance
• Non-compliance
• Partial compliance
• Not applicable

If the food business operator fails to fulfil the notice which is issued by the food safety officer under section 32 of the Act, the officer has a right to cancel the license and impose a penalty. If the notice provided by the officer affronts any food business operator, he can file an appeal to the State Commissioner of Food Safety.

Conclusion

The Food Safety and Standard Act is established to improve the standard of business and to spread awareness about food safety and nutrition in India. It is the responsibility of a restaurant owner to know the necessity to obtain a food license. Not only the Act ensures the safety and standard food but it keeps a check on the quality of food and ensures the compliance of rules and regulations framed by the authority.

Also, Read: Things to Remember while starting a Food Business in India