Introduction
In the ever-evolving food industry, regulatory compliance is paramount to ensure the safety and quality of consumables. The Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, are the backbone of this oversight in India, setting stringent guidelines for businesses to acquire licenses and registrations. A recent development introduces a mechanism for self-reactivation of applications that faced auto-rejection due to non-compliance with information requests within the stipulated time.
Empowering Food Business Operators (FBOs)
The recent order, effective from 4th December 2023, brings a significant shift by empowering Food Business Operators (FBOs) with the ability to self-reactivate auto-rejected applications on the Food Safety and Compliance System (FoSCoS) portal. This move aims to streamline the approval process and reduce waiting times.
Conditions for Self-Reactivation
Single Opportunity for Self-Reactivation:
- The provision allows FBOs a one-time opportunity for self-reactivation, applicable only once for any filed application for a new license/registration or modification.
Timeline for Reactivation:
- Within 30 days of auto-rejection:
- FBOs have a 30-day window from the auto-rejection date to self-reactivate without any intervention. No additional fee is imposed during this period, but a valid reason for the delay is required.
- During the period of 31st to 60th day:
- If self-reactivation occurs between the 31st to 60th day after auto-rejection, a fee is applicable. Registration applications require Rs. 50 + GST, while license applications incur a fee of Rs. 500 + GST. A valid reason for the delay is mandatory in this scenario.
- Within 30 days of auto-rejection:
Efficient Process and Non-Applicability
This initiative aims to expedite the process of handling requests for reactivation of auto-rejected applications and streamlines the procedure, restricting reactivation requests solely to the FoSCoS portal.
Non-applicability:
- The provision does not apply to cases where the grant of a license has been rejected by a Designated Officer under Section 31(4) of the Food Safety and Standards (FSS) Act, 2006. Appeals for such cases are directed to the Commissioner of Food Safety, as outlined in Section 31(8) of the FSS Act, 2006, accessible through the FoSCoS portal.
Conclusion
In conclusion, the proactive measure by the Food Safety and Standards Authority of India (FSSAI) not only empowers FBOs but aligns with the broader objective of promoting a robust and responsive regulatory framework. This framework safeguards the interests of both consumers and businesses in the food sector. The streamlined self-reactivation process is a step towards a more efficient and business-friendly regulatory environment
