The Food Safety and Standards Authority of India (FSSAI) has issued a stern directive to all concerned Licensing Authorities, mandating rigorous scrutiny of Annual Returns submitted by eligible Food Business Operators (FBOs) through the online Food Safety Compliance System (FoSCoS) portal. This move aims to verify the credibility of information, particularly mandatory production details and non-mandatory compliance-related data.
Since December 2020, FSSAI has mandated the online filing of Annual Returns for Financial Year 2020-21 onwards, which has significantly improved submission rates. Licensing Authorities are now required to diligently check for any discrepancies, inconsistencies, or false declarations. In cases where such issues are detected upon scrutiny, necessary actions will be initiated as per the provisions of the Food Safety and Standards Act, 2006, and its applicable regulations, with furnishing false or misleading information attracting penalties under Section 61 of the FSS Act, 2006.
FSSAI has also drawn attention to its order dated January 8, 2024, which introduced a crucial provision in FoSCoS allowing FBOs to revise or update already submitted Annual Returns to rectify inadvertent mistakes. FBOs are strongly advised to utilize this revision/update facility at the earliest to avoid penal action.
Guidelines for Revising Annual Returns on FoSCoS
The provision for updating/revising Annual Returns in FoSCoS, which came into effect from January 6, 2024, for Annual Returns of FY 2022-23 onwards, is subject to specific conditions and fees:
For Compliant FBOs (who filed original return by May 31st of the following year):
- Revision is allowed a maximum of two times.
- Revising within three months (by August 31st of the following year): A fee equivalent to One-year license fee + GST is applicable.
- Revising beyond three months (from September 1st to March 31st of the following year): A fee equivalent to Two-year license fee + GST is applicable. The last submitted annual return will be considered final.
For FBOs who filed their original Annual Return beyond May 31st (with late fee):
- Only one-time revised/updated filing of the annual return is allowed, until March 31st of the following year.
- The revised filing fee is equal to Two-year license fee + GST.
Revised filing of Annual Returns is not allowed for original annual returns filed beyond March 31st of the following year. For example, if an FBO files a delayed annual return for FY 2022-23 on April 1, 2024 (when the due date was May 31, 2023), they will not be permitted to file a revised return.
FSSAI reiterates that submission of accurate and complete information is mandatory, and timely correction of errors through the FoSCoS revision facility is essential to ensure compliance and avoid penalties.