The Three Tiers

Turnover slabs, capacity thresholds and fees are prescribed under the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 and are amended from time to time. Confirm the position applicable to your activity before applying.

Central Licence is mandatory regardless of turnover for:

• Importers of food articles, including food ingredients and additives
• 100% Export Oriented Units
• Businesses operating in more than one state — the head office or registered office requires a Central Licence
• E-commerce food business operators
• Food catering services at Central Government establishments — Railways, airports, seaports, defence and similar
• Manufacturers of proprietary food
• Manufacturers of health supplements and nutraceuticals
• Operators of airlines and vessels serving food
• Manufacturers and processors above prescribed capacity thresholds

Capacity thresholds decide the tier for manufacturers

For manufacturing and processing units, turnover is not the only test. Indicative thresholds under Schedule 1 of the Regulations include:

These are indicative. The exact figures are set out in Schedule 1 and have been amended, so the applicable threshold should be verified for the specific activity and capacity.

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Documents Required

Common to all applications

• Completed and signed Form A (registration) or Form B (licence)
• Photo identity and address proof of the proprietor, partners or directors
• Passport size photograph of the applicant
• Proof of possession of premises — ownership document, rent agreement, or a no objection certificate from the owner
• Constitution documents — partnership deed, certificate of incorporation with memorandum and articles, LLP agreement, or a self-declaration for a proprietorship
• List of directors or partners, with addresses and contact details
• Authority letter nominating a responsible person, with name, address and contact details
• Proof of turnover, or a self-declaration

Additional for licences

• Food Safety Management System plan or the certificate of compliance
• Layout plan of the processing unit, showing dimensions and allocation of area by operation, for manufacturers
• List of equipment and machinery, with number, installed capacity and horsepower
• List of food categories proposed to be manufactured or handled
• Water analysis report from a recognised or public health laboratory, where water is used as an ingredient
• Recall plan, where applicable
• Form IX — nomination of persons by a company
• Municipal or local body no objection certificate, where the State requires it

Category-specific

• Importers — Import Export Code issued by the DGFT
• Export Oriented Units — certificate from the Ministry of Commerce
• Repackers and relabellers — no objection certificate and manufacturing licence of the original manufacturer
• Dairy units — source of milk and milk procurement plan
• Packaged drinking water and mineral water — pesticide residue report from a recognised laboratory, and BIS certification, which is separately mandatory
• Meat and slaughter units — approvals from the local authority and pollution control board
• Hotels — star category certificate from the Ministry of Tourism, where applicable
• Nutraceuticals and health supplements — product composition, label and evidence supporting claims

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The Application Process

Step 1 — Determine the correct category. Assess turnover, activity, installed capacity and the number of states of operation together. This is where most applications go wrong, and correcting it later requires a fresh application rather than an amendment.

Step 2 — Register on FoSCoS. Applications are filed on the Food Safety Compliance System, the FSSAI online portal that replaced the earlier FLRS platform.

Step 3 — Complete the form and upload documents. Form A for registration, Form B for a State or Central Licence, with the supporting documents in the prescribed formats.

Step 4 — Select the licence period. Registration and licences may be obtained for one to five years, with the fee multiplied accordingly. A longer period reduces administrative friction and removes the annual renewal risk.

Step 5 — Pay the fee and obtain the application reference number.

Step 6 — Inspection. A Food Safety Officer or designated officer may inspect the premises before grant. For manufacturing units, inspection is the norm and the layout, equipment, hygiene and water supply arrangements are examined against Schedule 4.

Step 7 — Respond to queries. Where a clarification or additional document is sought, the response must be filed within the prescribed period, typically 30 days, failing which the application may be rejected.

Step 8 — Grant. The registration certificate or licence is issued with a 14-digit FSSAI number, which must be displayed at the premises and printed on labels.

Indicative timelines: Basic Registration is commonly granted within 7 to 15 days. State and Central Licences typically take 30 to 60 days, depending on inspection scheduling and the completeness of the application. The Regulations contain a provision permitting an applicant to commence business where the licensing authority has neither granted nor rejected the application within the prescribed period, subject to conditions and to intimation in writing — but it should be relied on only on advice and never as a planning assumption.

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After the Licence: What Must Be Maintained

This is where most enforcement action actually arises.

Display and labelling

• The licence or registration certificate must be displayed prominently at the place of business at all times
• The 14-digit FSSAI licence number must appear on the label of every package, and on the menu or price list for restaurants and caterers
• Labels must comply with the Food Safety and Standards (Labelling and Display) Regulations, 2020 — name of the food, complete list of ingredients in descending order, nutritional information, the green or brown vegetarian and non-vegetarian symbol, declaration of food additives, allergen declaration, name and complete address of the food business operator, net quantity, lot or batch identification, date of manufacture and best before or use by date, country of origin for imported food, instructions for use, and the FSSAI logo with the licence number
• Parallel compliance is required under the Legal Metrology (Packaged Commodities) Rules, 2011 and, where claims are made, the Food Safety and Standards (Advertising and Claims) Regulations, 2018

Returns

• Form D1 — Annual Return, to be filed by 31 May each year by manufacturers, importers, packers, relabellers and others as prescribed, covering the preceding financial year
• Form D2 — Half-Yearly Return, applicable to manufacturers of milk and milk products, for the periods 1 April to 30 September and 1 October to 31 March
• A late fee of ₹100 per day of delay applies to belated returns

People

• At least one trained Food Safety Supervisor for every prescribed number of food handlers, trained and certified under the FoSTaC programme
• Annual medical fitness certificates for all food handlers, and inoculation records where required
• Personal hygiene, protective clothing and training records maintained

Systems

• Schedule 4 compliance — the sanitary and hygienic requirements applicable to your category of business, covering premises, equipment, personnel, storage, transport, water, waste and pest control
• A documented Food Safety Management System, and HACCP-based controls for higher-risk categories
• Periodic testing of products through NABL-accredited or FSSAI-notified laboratories
• Record keeping — raw material receipt, production, testing, distribution and complaint records, retained for the prescribed period
• A recall plan, and the ability to execute traceability in both directions
• Third-party food safety audit through an FSSAI-recognised agency, where applicable to your category

Changes and renewal

• Any change in the particulars of the licence — premises, activity, capacity, products, directors or partners — requires a modification application; operating outside the scope endorsed on the licence is a contravention
• Renewal must be applied for before expiry, and the applicable advance period and late fee should be confirmed on FoSCoS. An expired licence generally cannot simply be renewed, and a fresh application becomes necessary — with the business unable to trade lawfully in the interim

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Penalties Under the Act

Section 32 empowers the Designated Officer to issue an improvement notice, and failure to comply can result in suspension or cancellation of the licence. Section 68 provides for compounding of certain offences. Appeals lie to the Food Safety Appellate Tribunal under the Act.

Penalty figures are as prescribed under the Act and have been subject to amendment. Confirm the current position before relying on these figures.

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Category-Specific Points

Restaurants and cloud kitchens. State or Central Licence by turnover, with the licence number displayed on the menu and on the premises. Cloud kitchens operating multiple brands from one facility should ensure the licence covers every brand and every activity carried on at the address. Aggregator platforms require licence details before listing.

E-commerce food businesses. A Central Licence is mandatory for an e-commerce food business operator irrespective of turnover. FSSAI’s requirements for e-commerce include ensuring that sellers on the platform are licensed, that products delivered have adequate remaining shelf life at the point of delivery, and that delivery personnel observe hygiene requirements.

Importers. Central Licence together with an Import Export Code. Consignments are cleared through FSSAI’s food import clearance process at notified points of entry, involving visual inspection, sampling and laboratory testing, with labelling compliance assessed before release.

Nutraceuticals and health supplements. Governed by the Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, Functional Food and Novel Food) Regulations, 2016, with Central Licence required and strict control over permitted ingredients, quantities and claims.

Packaged drinking water and mineral water. FSSAI licence plus mandatory BIS certification and the ISI mark. Both are required; neither substitutes for the other.

Organic food. Governed by the Food Safety and Standards (Organic Foods) Regulations, 2017, requiring certification under the NPOP or PGS-India systems and use of the Jaivik Bharat logo.

Exporters. Export-oriented units require a Central Licence, and the importing country’s requirements — health certificates, registrations and standards — apply in addition to Indian law.

Home-based and small food businesses. A home baker or small-scale seller trading online is a food business operator. Basic Registration is the entry point, and platforms increasingly require the number before listing.

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Common Mistakes

1. Trading before the licence is granted, treating it as a formality to be completed later
2. Holding a State Licence while operating in more than one state, or while carrying on an activity that requires a Central Licence
3. Turnover crossing a slab without the licence being upgraded
4. Capacity expansion at a manufacturing unit without modification of the licence
5. Adding new product categories not endorsed on the licence
6. Cloud kitchen brands operating under a licence that names only one of them
7. Licence not displayed at the premises and the number missing from labels and menus
8. Form D1 annual return not filed by 31 May, accruing ₹100 per day
9. No trained Food Safety Supervisor and no FoSTaC certification on record
10. Medical fitness certificates for food handlers not obtained or not renewed annually
11. Labelling non-compliance — missing allergen declaration, incorrect nutritional panel, missing vegetarian or non-vegetarian symbol, or claims that cannot be substantiated
12. Renewal missed, requiring a fresh application while the business cannot lawfully trade
13. Premises changed without modification of the licence
14. Water analysis and product testing not carried out at the prescribed intervals
15. Schedule 4 hygiene requirements treated as guidance rather than as enforceable obligations
16. Legal Metrology and BIS requirements overlooked in the belief that the FSSAI licence covers everything

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How Delhi Legal Company Assists

• Category assessment — determining whether Basic Registration, State Licence or Central Licence applies, on turnover, activity, capacity and geography, before any application is filed
• Application preparation and filing on FoSCoS, with document compilation, layout plans, equipment lists and Food Safety Management System documentation
• Inspection readiness — Schedule 4 gap review of the premises, hygiene systems, water testing, records and personnel documentation before the Food Safety Officer’s visit
• Query and objection handling through to grant
• Modification and renewal — product additions, capacity changes, premises shifts, changes in constitution, and timely renewal management
• Label review against the Labelling and Display Regulations, 2020, the Advertising and Claims Regulations, 2018, and the Legal Metrology (Packaged Commodities) Rules, 2011
• Compliance calendar — Form D1 and D2 returns, FoSTaC training, medical certificates, testing intervals and renewal dates
• Enforcement support — replies to improvement notices under Section 32, representation before the Designated Officer and the Adjudicating Officer, compounding under Section 68, appeals before the Food Safety Appellate Tribunal, and defence of prosecutions
• Allied approvals — BIS certification, Legal Metrology registration, IEC for importers, and coordination with organic certification bodies

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Frequently Asked Questions (FAQs)

1. Who needs an FSSAI licence?

A. Every food business operator. Under Section 3(1)(n) of the Food Safety and Standards Act, 2006, a food business includes any activity at any stage of manufacture, processing, packaging, storage, transportation, distribution or import of food, along with food services, catering and sale of food or ingredients. That covers manufacturers, restaurants, cloud kitchens, caterers, retailers, wholesalers, distributors, transporters, cold stores, repackers, importers, exporters, e-commerce operators and home-based sellers.

2. What is the difference between registration and a licence?

A. Basic Registration applies to petty food business operators with an annual turnover up to ₹12 lakh. A State Licence applies above that and up to ₹20 crore for operations within one state. A Central Licence applies above ₹20 crore and, irrespective of turnover, to importers, export oriented units, e-commerce operators, businesses operating in more than one state, and certain specified manufacturers.

3. How do I know which category applies to me?

A. Assess four things together — annual turnover, the nature of the activity, the installed manufacturing or storage capacity, and whether you operate in more than one state. Any one of them can push you into a higher category. Capacity thresholds in Schedule 1 mean a manufacturer can require a Central Licence well below the ₹20 crore turnover mark.

4. What happens if I operate without a licence?

A. Section 63 makes carrying on a food business without a licence punishable with imprisonment which may extend to six months and a fine which may extend to five lakh rupees. Beyond prosecution, the business faces closure, seizure of stock, and delisting from e-commerce and aggregator platforms.

5. I sell home-made food online. Do I need a licence?

A. Yes. A home-based food seller is a food business operator. Basic Registration is normally the entry point, and most online platforms and aggregators now require the FSSAI number before allowing a listing.

6. I run a cloud kitchen with several brands. How many licences do I need?

A. The licence attaches to the premises and the activity. One licence for the address can cover the operation, but every brand and every food category being produced there should be captured within the licence particulars. Operating a brand or a product category not endorsed on the licence is a contravention.

7. Do e-commerce food platforms need a Central Licence?

A. Yes. An e-commerce food business operator requires a Central Licence irrespective of turnover, and is expected to ensure that sellers on the platform are themselves licensed, that products delivered carry adequate remaining shelf life, and that hygiene requirements are observed in delivery.

8. I import food products. What do I need?

A. A Central Licence together with an Import Export Code from the DGFT. Consignments are cleared through FSSAI’s food import clearance process at notified points of entry, involving inspection, sampling and laboratory testing, with labelling compliance assessed before release.

9. How long does it take to get a licence?

A. Basic Registration is commonly granted within about 7 to 15 days. State and Central Licences typically take 30 to 60 days, depending on inspection scheduling and whether the application is complete. Incomplete applications and unanswered queries are the main causes of delay.

10. How long is an FSSAI licence valid?

A. You may opt for a period of one to five years, with the fee payable accordingly. Choosing a longer period reduces administrative work and removes the risk of a missed annual renewal.

11. What happens if my licence expires?

A. You cannot lawfully carry on the food business. Renewal must be applied for before expiry, and an expired licence generally cannot simply be renewed — a fresh application becomes necessary, during which the business is unable to trade lawfully. Renewal dates should be diarised well in advance and the current renewal window confirmed on FoSCoS.

12. What is FoSCoS?

A. The Food Safety Compliance System, FSSAI’s online platform for applications, modifications, renewals, returns and compliance, which replaced the earlier FLRS system. All registration and licensing activity is now conducted through it.

13. Is a physical inspection required?

A. It may be. For manufacturing and processing units, inspection before grant is the norm, and the Food Safety Officer examines the layout, equipment, water supply, storage, hygiene and personnel arrangements against Schedule 4. Preparing the premises and the documentation for inspection is a significant part of a successful application.

14. What is Schedule 4?

A. Schedule 4 to the Licensing and Registration Regulations sets out the sanitary and hygienic requirements applicable to different categories of food business — covering premises, equipment, personnel hygiene, storage, transport, water, waste management and pest control. Compliance is an enforceable licence condition, not guidance.

15. What is a Food Safety Supervisor and do I need one?

A. A Food Safety Supervisor is a person trained and certified under FSSAI’s FoSTaC programme. Food businesses are required to have at least one trained supervisor for every prescribed number of food handlers, and the certification is checked during inspection.

16. What returns must I file?

A. Form D1, the annual return, is due by 31 May each year for manufacturers, importers, packers, relabellers and others as prescribed. Form D2, a half-yearly return, applies to manufacturers of milk and milk products for the periods ending 30 September and 31 March. Late filing attracts a fee of ₹100 per day.

17. Do I have to print the FSSAI number on my packaging?

A. Yes. The 14-digit FSSAI licence number must appear on the label of every package, and restaurants and caterers must display it on the menu and price list. The licence or registration certificate must also be displayed prominently at the place of business.

18. What must appear on a food label?

A. Under the Labelling and Display Regulations, 2020 — the name of the food, the complete ingredient list in descending order, nutritional information, the vegetarian or non-vegetarian symbol, declarations for additives and allergens, the name and full address of the food business operator, net quantity, lot or batch number, date of manufacture and best before or use by date, country of origin for imported food, instructions for use, and the FSSAI logo with the licence number. Legal Metrology requirements apply in addition.

19. Can I make health claims on my product?

A. Only within the limits of the Food Safety and Standards (Advertising and Claims) Regulations, 2018, and only where the claim can be substantiated. Misleading advertisement attracts penalties of up to ₹10 lakh under Sections 52 and 53, and claims relating to disease prevention or cure are heavily restricted.

20. My turnover has crossed ₹20 crore. What do I do?

A. Apply for a Central Licence. Continuing on a State Licence after crossing the threshold means you no longer hold the correct authorisation for the business you are carrying on, which is treated as a contravention rather than a technical lapse.

21. I am shifting premises. Do I need a new licence?

A. A change of premises requires a modification of the licence, and in some circumstances a fresh application, because the licence is tied to the address and to the facilities inspected there. The change should be applied for before operations move, not afterwards.

22. Do I need any approval other than FSSAI?

A. Frequently yes. Packaged drinking water and certain other products require mandatory BIS certification with the ISI mark. Packaged commodities require compliance with the Legal Metrology (Packaged Commodities) Rules, 2011. Importers need an IEC. Depending on the activity, local body trade licences, fire safety approval, pollution control consents and shop and establishment registration may also be required.

23. What is an improvement notice?

A. Under Section 32, where a food business operator fails to comply with the regulations, the Designated Officer may issue an improvement notice specifying the failure, the measures required and the time within which they must be taken. Failure to comply can result in suspension or cancellation of the licence, and it should be answered carefully and within time.

24. Can an FSSAI offence be compounded?

A. Section 68 provides for compounding of certain offences under the Act. Whether a particular contravention is compoundable, and on what terms, depends on the provision engaged and the facts, and offences involving unsafe food causing injury or death are treated very differently from procedural contraventions.

25. Can I appeal against an FSSAI order?

A. Yes. The Act provides for appeals from the orders of adjudicating officers to the Food Safety Appellate Tribunal, and thereafter to the High Court. Appeals are subject to limitation, so the decision to appeal should be taken promptly on receipt of the order.

26. What does Delhi Legal Company charge for FSSAI work?

A. It depends on the category of licence, whether documentation such as a Food Safety Management System plan and layout drawings needs to be prepared, and whether the engagement includes inspection readiness and ongoing compliance management. We quote in writing with the government fee shown separately, and we begin with a category assessment so that the correct application is filed the first time.