On April 15, 2019, the Food Safety and Standards Authority of India (“FSSAI”) issued an order pertaining to licenses required to be obtained by e-commerce food business operators (“FBOs”) under the framework of the Food Safety & Standards Act, 2006 (“FSS Act”)
Background
As per the FSS Act, a person carrying on or owning food business is a “food business operator”. As per Section 3(n) “Food business” means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients. The FBO is responsible for ensuring the compliances under the FSS Act and its corresponding rules and regulations.
Registration and licensing of e-commerce FBOs
On September 21, 2017, FSSAI approved the Food Safety and Standards (Licensing and Regulation of Food Business) Amendment Regulations, 2018 (“Amendment Regulations”). The same were re-operationalized on February 17, 2019. The Amendment provides that e-commerce FBOs shall obtain registration and licenses (“FSSAI license”) from the Central Licensing Authority as applicable.
It further specifies that e-commerce entities that provide listing/directory of FBOs and food products and do not fall under the ambit of “food business” shall not be required to obtain the FSSAI license. Simultaneously, it is provided that e-commerce entities that facilitate orders and transactions in food business activities on their websites along with providing an inventory/list of food products are mandated to obtain the above FSSAI license.
The FSSAI has been approached by various stakeholders seeking clarification regarding the requirement of FSSAI licenses to be obtained by the city and state-wise sub-offices of e-commerce FBOs.
What does the instant order say?
The order clarifies that city and state sub-offices of e-commerce FBOs that are not carrying out food business activities do not require FSSAI license. Though this category of FBOs is exempt from obtaining the FSSAI license, it is subjected to certain other compliances under the FSS Act and the Amendment Regulations.
In this regard, the order lays down the following duties on part of e-commerce FBOs –
- to maintain city and state-wise record of their sub-offices; and
- to display the copy of its FSSAI license conspicuously and at a prominent place in the premises of their sub-offices.
The instant order has been addressed to Commissioners of Food Safety of states and union territories, all FBOs, all Central Licensing Authorities and to the Chief Information & Technology Officer (CITO) of the FSSAI.
Click here for the order.
