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(FSSAI + FSSAI STATE + TRADE + DRUG + SHOP + EATING HOUSE + BAR) Registration - An Overview

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Food Safety and Standards Authority of India is a statutory body established under the Ministry of Health & Family Welfare, Government of India. The FSSAI has been established under the Food Safety and Standards Act, 2006, which is a consolidating statute related to food safety and regulation in India.

  • Basic Registration Annual Sales Up to 12 LakhsTrade Within India 
  • State License Annual Sales In between 12 to 20 Crores Trade Within India
  • Central License Annual Sales Above 20 Crores Trade Worldwide

BENEFITS OF PROCURING FSSAI FOOD LICENCE

Obtaining a license can provide the food business with legal benefits, build goodwill, ensure food safety, create consumer awareness, and assist in business expansion. Also, it helps regulate, manufacture, storage, distribution and sale of import food. It is easy to obtain funds from investors when an FBO has FSSAI registration.

DOCUMENTS REQUIRED

 1) Passport Size Photographs
2) Photo Id Issued By Government
3) Authority Letters

PROCEDURE FOR OBTAINING FSSAI REGISTRATION ONLINE

  1. FBOs can obtain FSSAI registration online by filling and submitting the FSSAI registration form, i.e. Form A (application for Registration) or Form B (application for State and Central License) on the  FoSCoS portal.  .
  2. The FSSAI registration form must be accompanied by the required documents
  3. The FSSAI registration form can be accepted or it may be rejected by the Department within 7 days from the date of receipt of an application either physically or online through the FoSCoS portal. If the application is rejected it has to be intimated to the applicant in writing.
  4. The Department may conduct an inspection of the food premises, before granting the FSSAI registration certificate, if necessary.
  5. If the Department is satisfied that the FBO meets all the required criteria, then it will grant an FSSAI registration certificate with the registration number and the photo of the applicant email ID..
  6. FBO should prominently display the certificate of FSSAI registration at the place of business during business hours

FSSAI CENTRAL LICENCE

The Food Safety and Standards Authority of India (FSSAI) is a key government organisation that promotes public health by enforcing essential food safety regulations. In addition, this organisation keeps a close eye on all parties involved in the food supply chain, from manufacturing to distribution. In accordance with the Food Safety and Standard Act of 2006, the FSSAI develops food safety standards and other guidelines.

FUNDAMENTAL DUTIES AND FUNCTIONS PERFORMED BY FSSAI

  • Formulating Guidelines and Norms for food safety and hygiene
  • Launching initiatives nationwide to create food safety awareness among the masses
  • Granting mandatory food license and registration to food business operators
  • Facilitating recommendations to GOI in outlining new policies
  • Rolling out directions and guidelines in view of FSS Act, 2006 for the entities operating in the food sector
  • Taking legal actions against food businesses allegedly involved in illicit practices such as food adulteration

WHAT IS AN FSSAI CENTRAL LICENCE AND WHO NEEDS IT?

FSSAI Central Licence is legal consent granted by FSSAI to the food businesses which have;

  • Annual turnover greater than Rs 20 crores or;
  • Various units running in multiple states or;
  • Monthly or annual production greater than the prescribed threshold limit

APART FROM THIS BASIC CRITERIA, FSSAI CENTRAL LICENCE ALSO ENCOMPASSES THE FOLLOWING:

  • Dairy facilities producing milk solid with an annual production of 50000 liters or 2500 megaton
  • Processing facilities producing vegetable oil with a daily production volume of 2 MT
  • Slaughter facility with a daily capacity of:

    I. 50 large animals
    II. 150 small animals
    III. 1000 poultry birds

  • Meat processing facility having daily production capacity of 50 KG or 150 megatons
  • Food processing facility having a daily production of 2 megaton
  • Food business shipping food article abroad
  • Facilities are having a refrigerator facility or cold storage having a storage capacity of 1000 megatons or more.
  • Wholesalers involved with the food business have a yearly turnover of more than Rs 30 crore
  • Retailers & distributors of food articles having an annual turnover of more than Rs 20 crores
  • A business dealing with catering service or food marketing having a yearly turnover of more than Rs 20 crores
  • Restaurants, eating house having annual turnover of INR 20 Crore
  • Food catering services operating in government-based agencies
  • Food catering services in establishments working under the aegis of government, includes seaport and airport as well

BENEFITS OF FSSAI CENTRAL LICENCE

  • Improves Business Credibility overtime
  • Allows businesses to a build large customer base
  • Gives competitive advantage by keeping unregistered entities unfunctional.
  • Creates chances for business expansion and growth

DOCUMENTS REQUIRED TO SECURE CENTRAL FSSAI LICENCE-

Following is the list of fundamental documents required to be submitted at the time of application filing for central FSSAI license

  • Form B (duly filled and signed by the applicant)
  • Floor plan of the production or processing facility, reflecting key areas with accurate measurements
  • In case the applicant seeking registration for a company, a complete list of key management personal such as name, residential proof.
  • Copy of MOA, AOA & COI is necessary ( if the license seeker is a private limited company, OPC, and Public limited company)
  • A complete list of partners reflecting their name, contact detail, address, etc, along with a partnership deed copy (In case the license seeker is a partnership firm)
  • List of serving members in a co operative society (In case the license seeker is a co operative society)
  • Copy of a trust deed as well as the record of trustees ( if case the license seeker is a registered trust)
  • Utility bills (electricity bill, rent agreement, registry) of the business place for address proof
  • Food Safety Management Plan (FSMS) or identical protocol in place
  • Name & the list of machines present at the plant
  • List of active raw material suppliers
  • No objection certificate accorded by the concerned local authorities
  • Tourism certificate accorded by the ministry of tourism (if the license seeker is a hotel owner)
  • IEC certificate accorded by DGFT (Directorate General of Foreign Trade) (if the license seeker intended to ship food articles abroad)

STEP-BY-STEP PROCESS FOR SECURING CENRAL FSSAI LICENCE

Step-1: Application Filing via Form B
First, the license seeker is required to file Form B with the licensing authority. While doing so, the applicant has to keep basic turnover criteria in the mind.

Step-2: Applicant scrutiny by FSSAI’s officials
Once submitted, the application accompanied by requested documents will be sent to the concerned officials for in depth scrutiny.

Step-3: On-site inspection by FSSAI’s official of the business place
In this step, the FSSAI will send the designated officials to the business place to determine the level of compliance recommended by FSSAI Any non-conformity in this regard could increase the chances of application cancellation.

Step-4: Approval of application and grant of the application
Once the licensing authority approved the application, the certificate would find its way to the license seeker in a few days. After getting the certification, the business owner can commence their business operation at full throttle.

VALIDITY AND THE RENEWAL OF CENTRAL FSSAI LICENCE

The Central FSSAI licence has a flexible validity period of one to five years. The cost of the licence would rise as the validity time lengthened. When it comes to renewal, the central FSSAI licence must be renewed within 30 days of the expiration date, or else fines may be imposed.

EATING HOUSE LICENCE REGISTRATION

An eating house licence is a requirement for operating a business where any type of food or drink is legally available for consumption. The Delhi Police Act governs the situation. The licence, along with other licences, is required when starting a food business in India.

AUTHORITY ISSUING THE LICENCE

The license is mandatory as per the Delhi Police Act and must be applied under City/ State Police Headquarters and the Police commissioner. The authority will issue the license post verification of documents.

PROCEDURE FOR A LICENCE APPLICATION

The procedure for obtaining the license involves three steps:
– Fill the online application
– Submit the documents
– Meet the Additional Commissioner of Police

THE DETAILED STEPS INVOLVED IN OBTAINING THE LICENCE ARE AS FOLLOWES:

  • The applicant must first register on the registration page of the official website of the police of the state in which the eating house is intended to be established. The applicant will receive a user id and password.
  • The next step is to fill up the application for the license and upload the requisite documents.
  • After all the documents have been submitted, the applicant must visit the Additional Commissioner of Police of the state for the verification of application and the examination of documents.
  • After this, the applicant must call the concerned department for a follow up on the application. If the application is rejected for any incomplete information or malafide information, the fees paid will be forfeited by the government.
  • Lastly, within 45-60 days, the applicant will be issued the eating house license provided the application, and the documents submitted are adequate.

LIST OF DOCUMENTS TO BE UPLOADED

The following is the comprehensive list of the documents which needs to be uploaded along with the application:

Eating House site-related documents:

  • Location plan of the Eating House – Photographs of the same – A fire safety certification where it is applicable for eating houses that seats a minimum of 50 people at a time.
  • The proof of surveillance systems or CCTV that are installed along with a minimum 30 days of video recording comprising the installation or invoice details concerning CCTV, etc.
  • Proof of ownership or tenancy or or lease of premise (registered lease/rent deed/sale deed) – A No objection certificate (NOC) from the owner of the premise that is self-attested.
  •  Indian Performing Right Society (IPRS) permission to have amusement activities such as DJ, live band, and discotheque.

Applicant-related documents:

  • Proof of identity like PAN Card, Passport.
  • Proof of Residence like Passport, voters id, Bank account.
  • Memorandum of Association of the eating house and LLP.
  • The Certification of Incorporation of the companies and LLP.

Director and employee-related documents:

  • Complete list of Director Names as well as the current Form 32.
  • The nomination concerning the concluded Authorised signatory on the letterhead of the company.
  • Resolution of the board for operating business.
  • The list of all the employees who are working in the eating house. This will also include the food handler information–name, parent, age, and address.
  • A certificate of registration which is issued by the Labour Department.

Other documents

  • A Trade License from DCB/MCD/NDMC/ irport Operator.
  • A copy of FSSAI license/registration papers.
  • Updated GST registration certificate.
  • A Consent Letter from a DPCC (a provisional license that is rendered on the basis of application submission proof).
  • Police Clearance Certificate (PCC) copy.
  • A self-attested prescribed Affidavit for issuing a new license.

RENEWAL OF THE LICENCE

The renewal of the license will take place when the validity of the license ends. The validity of the license depends on the issuing authority, that is the validity of the license varies from state to state. Generally, the license is valid for three years. The renewal process is similar to applying for a new license.

CANCELLATION OF THE LICENCE

The authority that grants the license also reserves the right to cancel the same in the following circumstances:

If the applicant violates the guidelines issued at the time of issuing the license or does not follow the instructions given, the authority can cancel the license after giving the applicant a reasonable chance of being heard. If the applicant wishes to close down the eating house for certain reasons, it can apply to the authority for the surrender of the license. Accordingly, the authority will cancel the license.

DUPLICATE LICENCE

In case the license is torn, damaged, or deteriorated, the applicant can apply for a duplicate license along with the prescribed fees. The authority will evaluate the application and grant the same. The eating house license is one of the many licenses required to run a food business in India. It is imperative to obtain the same to run a legitimate business.

BAR LICENCE

Most people, at some point in their lives, consider the thought of setting up their own bar. But only a handful actually goes for it. This is because while the idea of owning your own bar sounds exciting, it comes with a varied set of challenges, which, after being considered, seems too much of a headache. Some of the challenges are:-

  • Long work hours
  • Expensive to set up
  • Long list of licenses to be obtained
  • Compliance with multiple laws
  • Sizeable Overheads
  • Ideal location

Types of Bar Business Models –

There are various types of bars that can be set up. The type of bar to be set up is dependent on factors such as capital investment available, the kind of ambience that the owner is going for, the skills of the staff, etc. to name a few.

  • Lounge
  • Tapas bar
  • Pub
  • Sports Bar
  • Nightclubs

CLASSES OF LIQUOR LICENCES

  • Beer and Wine License
  • Brewpub Liquor License
  • Tavern Liquor License
  • Restaurant Liquor License

TYPES OF LIQUOR LICENCES

  1. L1- The holder of this license is granted the permit for the wholesale supply of Indian liquor to other license holders.
  2. L3/L5- Hotels that have the star classification and have obtained the necessary approval of the Tourism Department will be granted the L3 license. The L3 license permits the holder to serve foreign liquor to the residents who occupy the hotel rooms.
    The L5 license, on the other hand, permits the holder to serve liquor in the exclusive bars and the restaurants that are within the premises of the hotel.
  3. L19- Clubs that are registered with the Registrar of Firms or with the Registrar of Co-operative Societies are permitted to serve foreign liquor to its members with the grant of this license.
  4. L49- This is the easiest license to obtain, in comparison with all the rest. The grant of this license allows the holder to serve liquor at any party or function, be it a marriage reception or any other event that is held at specific premises anywhere in the state..

APPLYING FOR A LICENCE

State-by-state differences in liquor laws, rules and regulations exist. It is critical to be informed of the regulations that apply in the state in where the firm will be established. A visit to local liquor outlets, licencing authority offices, and the State Excise Department will provide the applicant with a comprehensive image of the steps required to make their dream a reality. The class of licence will be determined based on the sort of liquor that the applicant plans to offer, as well as the state’s liquor laws and regulations.

APPLICATION FORM

 The State Excise Department’s official website is to be accessed in order to download the application form. Once downloaded, all the relevant details must be filled in as necessary and then submitted along with the requisite fee to the authority concerned.

DOCUMENTS

Based on the license being applied for, the supporting documents may vary. However, a few of them remain common to all types of licenses such as Identity proof, Address proof, NOC from the Municipal Corporation, NOC from the Fire Department, Photograph of the applicant, etc.

SUBMISSION AND ADDITIONAL INFORMATION

On the submission of the application form and the supporting documents, the same will be verified by the licensing authority. The licensing authority also possesses the power to call for any additional information or documentation necessary, as the case may be.

PUBLIC NOTICE

Once the application is found to be in order, a notice will be posted by the authority on the personal or business address of the applicant with the name and license details on display. Any objections to the same may be brought to the notice of the authority.

GRANT OF LICENCE

Where there are no objections raised, the application shall be passed, and the license shall  be granted. However, if there are any objections that are raised, the applicant may exercise his right to defend himself against such objections raised. The license has a 1 year validity period and can be renewed annually by using the renewal application form, and the renewal fee has to be paid to the concerned authority.

SHOPS & ESTABLISHMENTS ACT IN INDIA

The Shops and Establishments Act, which is governed by each state’s labour department, established the atmosphere and state of the workplace, as well as the advantages that employees are granted by their company or management. This is ideal for shops around India, every charitable organisation, lodgings, bistros, dining circles and joints, restaurants, movies, and all other public places of enjoyment. Every establishment and foundation must register under this act within 30 days of starting operations, regardless of whether the business is fully operational or not.

THE FUNDAMENTAL OBJECTIVE OF THE ACT:

One of the primary goals of the Shops and Establishments Act, which requires establishment registration, is to ensure that all employees in all foundations, be they offices, movie theatres, or other places of amusement, have equal rights and benefits.

THE PROTOCOLS OF THE SHOPS AND ESTABLISHMENTS ACT AND ESTABLISHMENT REGISTRATION:

The Shops and Establishments Act is part of the labour laws, and it establishes guidelines for employers to  omply to when it comes to the number of working hours each day and when it comes to establishing and closing businesses. It also requires management to recognise national and religious holidays, establish criteria for the enrollment of minors and women, maternity leaves, and casual leave.

UPKEEP OF REORDS UNDER THE SHOPS AND ESTABLISHMENTS ACT:

Under the Shops and Establishments Act, all organisations must seek the approval or endorsement of the labour department and keep up to date on the details of hiring, compensation, credit reductions, leaves, and so on. However, these rules may differ from one state to the next.

AUTHORISE PREREQUISITE FOR THE SHOPS AND ESTABLISHMENTS ACT & ESTABLISHMENT REGISTRATION PROCESS:

In accordance with the labour laws, a permit issued under the Shops and Establishments Act is an obligatory prerequisite and, along these lines, all shops and foundations should register under the Act within 30 days from the date of commencing operations.

DOCUMENTS REQUIRED

  • Shop or business address proof
  • ID proof
  • PAN card
  • Payment challan
  • Additional business licenses necessary to start a business.

REGISTRATION PROCESS FOR OBTAINING SHOPS AND ESTABLISHMENTS LICENCE

To register your shop or establishment online, follow the steps outlined below:

  1. Visit labour department website
    The entire registration process takes place online in many states, while others are semi-online. Every state’s labour department has a website with an online registration form and instructions.

  2. Fill up application form
    Fill out the online application form accurately with information about your business. Details differ depending on the state and type of company.

  3. Upload documents
    After completing the form, upload the necessary documents online/ In few states, physical submission of documents and a printout of the application form is required.

  4. Fee payment
    The fee varies depending on the type of company and the type of licence. Many states have an online payment option, but DD/cash payments may also be made offline.

  5. Inspection
    The labour department examines your application and, if they believe an inspection of your business premises is required in order to verify the particulars you filled up and documents attached, an inspector might be appointed to carry out an inspection. In the majority of cases, Inspection is not required.

  6. Approval and issuance of license
    Following a review of your application and/or a visit to your business location, the authorities approve your application and issue a valid licence (normally valid for 1 year with renewal every year).

DRUG LICENCES

A drug company must have a product licence to advertise and sell a medicine. The licence will state which illness or condition the medicine can be used for; the age of patients it can be given to; how much to give and how to give it.

BENEFITS OF DRUG LICENCE

 1) Regulation the sale of medicines in India
2) Prevent Adulteration.
3) Discourages Prohibited Drugs

PROCEDURE FOR DRUG LICENCE REGISTRATION

  1. You need to fill our application form for Drug License and provide us details about your wholesale/retail business.
  2. You need upload the required documents.
  3. Your application for drug license along with other declarations are filed to the Drug Control Department
  4. The required lincense will be issued you during some period after the process .

DOCUMENTS REQUIRED

 1) Constitution of the firm (MOA/AOA)
2) Photo ID proof of proprietor/partner/director
3) Copy of Property paper (If owned property)
4) Copy of Rent agreement (If rented property)
5) Site Plan and key plan of the premises
6) Refrigerator invoice and details
7) Affidavit regarding compliance of MPD 2021 (if premises are located on DDA residential flat/ plot/ building)

WHY TGA?

  • Our experts provide a detailed explanation about the registration process and required documentation.
  • We prepare your application and work with you to gather all of the necessary employee and shop information.
  • We process your shop registration and send it to the labour department, either online or in person, as required.
  • We keep you updated on your status.

FAQs

Can an online shop registration be done for shops & establishments?

Yes. At TGA INDIA LLP SERVICES, the processing of your online application under the Shops and Establishments Act is filed on your behalf. All you have to do is give us the required information and the information required to enable us to file your application for you.

Why should I apply for an establishment registration and get a business license?

When you have a business, it is wise to register it and be licensed. This registration is vital, because the income you earn from your business cannot be shown as personal earnings. Further, the earnings from your business are taxable for the same. Additionally, it is illegal to be running a business without a business license.

What is the eligibility for getting a shops & establishments license?

There are two major pre-requisites for one to be able to become the applicant of trade shops and establishment license, they are:

The person must have attained the age of 18 years and

 

They must not have any criminal records in their name.


How much time is taken to get the shops and establishments license issued?


If physical submission and/or departmental inspection of premises are required, it usually takes 15-20 days.


In the case of a completely online system, it can take up to three days in certain states.


To obtain state-specific information, contact TGA INDIA LLP SERVICES.

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