FSSAI Introduces Self-Reactivation Mechanism for Auto-Rejected Food Business Applications

Case Name:

Empowering Food Business Operators: FSSAI’s Self-Reactivation Initiative

Key Takeaways:

1. FSSAI has introduced a self-reactivation mechanism for auto-rejected applications on the FoSCoS portal.
2. FBOs have a one-time opportunity to self-reactivate their applications for new license/registration or modification of license/registration.
3. The timeline for reactivation allows a window of 30 days from the auto-rejection date without intervention from the authority, with a valid reason for the delay required.
4. If self-reactivation is initiated between the 31st to 60th day after auto-rejection, a fee is applicable, and a valid reason for the delay is mandatory.
5. The provision for self-reactivation 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.
6. An online provision for making appeals under Section 31(8) is accessible on the FoSCoS portal, directing appeals to the Commissioner of Food Safety of the concerned State/UT for State License and registrations, and to the CEO, FSSAI, in the case of a Central License.

Synopsis:

The recent order introduced by the Food Safety and Standards Authority of India (FSSAI) brings about a significant development in the regulatory framework governing the licensing and registration of food businesses in India. This order empowers food business operators (FBOs) with the ability to self-reactivate their auto-rejected applications on the Food Safety and Compliance System (FoSCoS) portal, thereby streamlining the process and reducing waiting times for approval.

Here are the key points to note from the recent order:

1. Self-Reactivation Mechanism: FBOs now have the opportunity to self-reactivate their auto-rejected applications on the FoSCoS portal.

2. Conditions for Self-Reactivation:

Single Opportunity: The provision for self-reactivation is a one-time opportunity, applicable only once for any filed application for new license/registration or modification of license/registration.

Timeline for Reactivation:

Within 30 days of auto-rejection: FBOs have a window of 30 days from the auto-rejection date to self-reactivate their applications without any intervention from the authority. During this period, no additional fee is imposed, but a valid reason for the delay must be provided.

During the period of 31st to 60th day: If the self-reactivation is initiated between the 31st to 60th day after auto-rejection, FBOs can still proceed without intervention, but a fee is applicable. For registration applications, a fee of Rs. 50 + GST (as applicable) is required, while license applications incur a fee of Rs. 500 + GST (as applicable). A valid reason for the delay is mandatory in this scenario as well.

3. Streamlined Procedure: The reactivation requests are limited solely to the FoSCoS portal, with no other modes of request being entertained by any authority.

4. Non-Applicability: The provision for self-reactivation 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. In such instances, the avenue for appeal lies with the Commissioner of Food Safety, as outlined in Section 31(8) of the FSS Act, 2006.

5. Appeals Process: The online provision for making appeals under Section 31(8) is accessible on the FoSCoS portal, directing appeals to the Commissioner of Food Safety of the concerned State/UT for State License and registrations, and to the CEO, FSSAI, in the case of a Central License.

This proactive measure by the FSSAI not only empowers FBOs but also aligns with the broader objective of promoting a robust and responsive regulatory framework that safeguards the interests of both consumers and businesses in the food sector.

FAQ:

Q1: What is the purpose of the self-reactivation mechanism introduced by FSSAI?

A1: The self-reactivation mechanism aims to empower food business operators (FBOs) by allowing them to reactivate their auto-rejected applications on the FoSCoS portal, thereby streamlining the process and reducing waiting times for approval.

Q2: Are there any fees associated with self-reactivation?

A2: Yes, if self-reactivation is initiated between the 31st to 60th day after auto-rejection, a fee is applicable. For registration applications, a fee of Rs. 50 + GST (as applicable) is required, while license applications incur a fee of Rs. 500 + GST (as applicable).

Q3: What happens if the grant of a license has been rejected by a Designated Officer under Section 31(4) of the FSS Act, 2006?

A3: In such instances, the provision for self-reactivation does not apply, and the avenue for appeal lies with the Commissioner of Food Safety, as outlined in Section 31(8) of the FSS Act, 2006.