The enforcement of FSSAI act has been started from 1st year of enactment of the law, but enforcement was bit slow in initial years and but after 2010 the FSSAI...
Food is an essential part of everyone’s lives. It gives a person the required energy and nutrients which facilitate healthy development which helps one to stay active, to move, work, think and learn. However, one must ensure that the food consumed is safe. “Food Safety” means to ensure that food is acceptable for human consumption; it provides an assurance regarding the safety of food and the process used in Industry. It prevents the food quality from the preparation to its final consumption. Food can cause various diseases like food poisoning, stomach aches, etc. Considering the importance of food safety there is a need to enact these standards and rules to confirm the safety. In this article, we will discuss Annual Return under FSSAI?
The Food Safety and Standards Act, 2006 was established to regulate the food industry and for framing the laws relating to food and their manufacture, storage, distribution, sale and import and also established the Food Safety and Standards Authority of India (FSSAI).
Food Authority shall confirm the following for every Food Article:
- Any food additive or processing aid should be in accordance with the Act and regulations.
- Whether any contaminant, toxic substances or any impurities that may cause harm to human health is present in the food product.
- The Article shall not contain any insecticides or pesticides.
- The food should be marked and labeled as per the FSSAI Guidelines.
The Food Authority and the State Food Safety Authorities are required to monitor the system control. The commissioner appointed by State government is responsible for effective implementation of food safety and standards.
A person who wants to start any food business should have license i.e a basic Registration or a State/ Central license as may be applicable to him. Basic FSSAI Registration License is applicable for new FBOs and to every FBO whose Turnover is less than 12 Lakhs. While the State License is required for every FBO having turnover ranging from Rs. 12 Lakhs – Rs. 20 crores and a Central License is required once the turnover crosses Rs. 20 crores. But any business engaged in import or export of food product is also required to go For Central License.
The FBO has to make an application to the Designated Officer, who shall provide the license which is a 14digit registration number after a thorough examination of the documents submitted by the FBO.
A single license is issued by the Authority for single premises. If the foods are stored, manufactured and sold at different premises then a separate license is required for each premise. Also, every manufacturer, distributor or dealer selling any food product to a vendor shall separately or in the bill, cash memo, or label a warranty / Guarantee in Form E.
Returns to be Filed by the FBO:
Every food manufacturers, labelers, re-labelers, packers, re-packers, and importers are required to file an annual return either electronically or in physical forms may be prescribed by the concerned Food Safety Commissioner, in Form D-1, on or before 31st May of each year to the Licensing Authority with respect to the category of food products sold / manufactured by him during the previous financial year. The following information is required to be in annual return:
- Name of the food product manufactured/ handled/imported/ exported.
- Size of can/bottle/any other package (like PP) or bulk package
- Quantity in Metric Ton
- The selling price of per Kg or per unit of packing
- The quantity exported or imported in Kg
- Details of countries or port where they are exported
- Rate per Kg or per unit of packing C.I.F. / F.O.B.
Every FBO licensee engaged in the process of manufacturing of milk and/or milk products is required to file returns on half yearly basis for the period 1st April to 30th September and 1st October to 31st March of every financial year in the form D-2, within one month from the end of the period. This return is more detailed as compared to Form D-1.
“All FBO’s should note that separate return is required to be filed for every license issued under the Regulations, irrespective of whether the same Food Business Operator holds more than one license.”
Exempted Entities from filing Returns:
Initially, every FBO was required to file an annual return which caused many problems for the licensee’s as small eateries, food distributors, restaurants and grocery shops are unable to keep a track of their transactions and stock. The FSSAI registration through an exemption notification issued on 10th June 2014, has exempted the following entities from filing Annual Return:
- fast food joints
- grocery stores
Fines for a delay in Filing of Returns
If there is any delay in filing return beyond 31st May, a penalty of Rs 100 shall be imposed for every day for the time for which the delay continues.