April 3, 2020
Dr. Shobhit Jain, Executive Director (Compliance Strategy) has written an order dated 31st March 2020 to the Commissioner of Food Safety of all States/UTs, Directors of all Regional Offices (FSSAI) and CITO-FSSAI to take necessary action under Section 16(5) regarding the functioning of FBOs permitting them to temporarily operate their food business on the basis of application for licensing/registration during the period of lock down.
- To ensure continuous food services and supply during lockdown in the country due to COVID-19:
The Office has decided to allow all the FBOs other than manufacturers to temporarily operate their food business under FSS act subject to compliance with the FSSAI Act 2006 following all the rules & regulations on the basis of the valid receipt of FSSAI license /registration application having 17 digit application number that has been generated on food licensing and registration systems. www.foodlicencing.fssai.gov.in/index.aspx
- To operate, FBOs will be required to have applied/apply for FSSAI license / registration:
FBOs will be required to have applied/apply for FSSAI license / registration by applying online application form with prescribed fee through online mode on FLRS and possess a valid receipt of application having 17 digit application ref no. Further to this, FBOs shall be required to inform by email to the concerned licensing /registering authority/ commissioner of food safety about commencing his food business enclosing a scanned copy of the application in Form M. The same needs to be signed by Proprietor, Director, Partner or a senior employee of the applicant.
http//www.fssai.gov.in/cms/commissioners-of -food-safety.php.
- FBO must respond to the queries on application:
Such FBO must respond to the queries on application if raised by the authorities and shall be bound to follow all the instructions as given by the authorities. Additionally, FBO shall stop all of his food business activities immediately, if his application is rejected by the licensing/ registration authority, even in lockdown period itself.
- The said permission is available to only those applicants who are allowed to operate in the lockdown.
The FBO shall cease his operation related to food at the said premises within 30 days after lockdown ends, unless he has obtained a valid FSSAI license/registration as applicable.
- In lieu of specific lockdown, this permission shall be limited to the respective State /UT only:
The State/UT government (Commissioner of food safety) may restrict this permission to certain kind of businesses and food categories depending upon the requirements during the lockdown. It is again clarified that this permission is not for FBO’s applying for FSSAI license / registration for manufacturer kind of businesses (KoB). In other words, FBO’s applying for FSSAI license / registration for a kind of business other than manufacturers are allowed to temporarily operate their food businesses immediately after submission of their application for license / registration during the lockdown period.
- Commissioner of food safety are advised to supervise the scheme made for the facilitation of the FBOs in public interest during the lockdown period.
a). When the lockdown is over, Commissioner of Food Safety must ensure that FBOs who have availed the permission of operating the food business without FSSAI license/registration on the basis of 17 digit application reference number (ARN generated on FLRS), shall cease operation within 30 days from the end of lockdown period, unless FSSAI license/registration has been obtained by them.
b). Commissioner of Food Safety shall also make sure that the application shall be processed on priority on approval granted expeditiously for the licenses/registration. In case required, the approval shall be subject to inspection either physical or by e-inspection i.e. through videos or images, and FBOs shall be required to obey with the observation of the inspection.
- This is issued with approval of the competent authority in exercise of the power vested with food authority under section 16 (5) of the FSS Act, 2006.