Legal Guide

Can We Modify a Food License?

by ezyLegal Editor · 3 min read

transfer of food license

A food license, or an FSSAI license, is the permission given by the Food Safety and Standards Authority of India (FSSAI) to every Food Business Operator (FBO) that is qualified to operate an establishment that serves food to customers. The license is only given to FBOs that conform to all rules and regulations laid down by the FSSAI regarding hygiene, safety and quality. If the owner of the establishment passes away, there can be a transfer of food license as well.

The type of license varies according to the scale and type of the FBO. There are 2 broad classifications for food licenses, which are State licenses and Central licenses. Usually, large scale businesses that deal in import and export are required to obtain Central licenses, whereas smaller scale businesses can make do with State licenses. The other qualifications that determine the type of license required include the FBO’s annual turnover, the productive capacity of their manufacturing units and their daily consumption of dairy. Both licenses have a maximum period of 5 years and a minimum period of 1 year.

Food licenses can be transferred, surrendered or modified during their period of validity. The process for transfer of food license varies from the process of modification, but the steps required for transfer of food license are similar to modification of food license.

How to perform a transfer of food license

All actions related to food licenses can be performed through the FSSAI’s website. The following steps are required to perform a transfer of food license:

  1. Visit the website of the Food Saftey Compliance System and click “Login-Business” at the top-right of the screen
  2. Log in using your FBO’s credentials
  3. On the home page, click the “Apply for Surrender/Transfer of License/Registration”
  4. This will bring up a list of all your active food licenses. For the transfer of the food license, click on the “transfer” button corresponding to the license that you want to transfer
  5. A page asking you to fill in the details of your license will appear. Fill in the requisite details, such as the name of the company, death certificate of the owner and the details of the legal heir of the owner.
  6. Click on “Proceed” to initiate the transfer of food license

This will begin the process of transfer of food license. It is important to note that a transfer of food license can only be done in case the license holder dies. In such an event, the FSSAI’s regulations stipulate that a transfer of food license can only be done in favour of a legal representative of the license holder, or a family member of the deceased.

How to surrender a food license

The process for surrendering a food license is very similar to the process of transfer of food license. To surrender a license, the following steps must be followed:

  1. Visit https://foscos.fssai.gov.in/ and click “Login-Business” at the top-right of the screen
  2. Login using your FBO’s credentials
  3. On the home page, click the “Apply for Surrender/Transfer of License/Registration”
  4. This will bring up a list of all your active food licenses. For surrender of food license, click on the “surrender” button corresponding to the license that you want to surrender.
  5. A page asking you to fill in remarks will appear. Add supporting documents to substantiate the surrender, and add remarks relating to the circumstances of the surrender
  6. Click on “Proceed” to initiate the surrender of food license

This option can be used in case the license holder wants to close their business, or radically alter it so that the license can no longer be used for it. Once the FSSAI accepts the request for surrender, it will officially be a surrendered license.

How to modify a food license

Modification of a food license, which is different from transfer of food license, is necessary when details of the food license must be altered. The main details that require a modification of a food license are the company name, the registered office address, the kind of business, the services it provides, its productive capacity, contact details and any supporting documents. Due to the different kinds of modifications possible, the modification process has been simplified into two kinds, known as Normal Modifications and Non Form C Modifications. The common steps for both are as follows:

  1. Go to https://foscos.fssai.gov.in/ and click on the green box that says “Modification of License and Registration Fee”. This box also lists the fees required for modification, which are Rs. 1,000 for modification of license and Rs. 100 for registration
  2. Login using your credentials
  3. This will lead to the homepage, with a menu on the left side. Click on “Apply for Modification in License/Registration”
  4. Select the details you want to change. Selecting any or all of the first three options (company name, registered office address details, kind of business/product/quantity details), either by themselves or along with any or both of the last two options (contact details and supporting documents) leads to a Normal Modification. Selecting either or both of the last two options, without selecting any of the first three, leads to a Non Form C Modification.
  5. A Normal Modification will result in all fields being mutable. Change whatever details are necessary in the page that appears.
  6. In the “Required Documents” section, upload all relevant documents that serve as proof for the updated information, fill in the purpose of the modification and click the checkbox to accept the declaration. Then, click on “Save & Next” to proceed.

If all the steps have been followed correctly, a green pop-up should appear, confirming that the modification has been successfully submitted. An officer working with the FSSAI will review your application and take further actions to update your license.

Conclusion

Food licenses can be modified. Apart from modification, transfer of food license and surrender of food license are also possible. However, transfer of food license is only applicable if the license holder passes away, and the procedures governing the transfer of food license makes it so that only legal representatives or family members of the deceased can inherit the food license. All of these processes require proper documentation, so it is important for a person seeking transfer of food license to have a record of all relevant documents. An FBO with an FSSAI license is subject to the rules and regulations given in the FSS Act of 2006, so there are additional guidelines to keep in mind apart from those regarding transfer of food license.

Modification and transfer of food license are processes that can be done through the FSSAI’s website for a nominal fee in case the need arises.

ezyLegal Editor

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