ARTICLE
24 April 2020

Food Business Operators To Function Temporarily During Lockdown Period

SR
S.S. Rana & Co. Advocates

Contributor

S.S. Rana & Co. is a Full-Service Law Firm with an emphasis on IPR, having its corporate office in New Delhi and branch offices in Mumbai, Bangalore, Chennai, Chandigarh, and Kolkata. The Firm is dedicated to its vision of proactively assisting its Fortune 500 clients worldwide as well as grassroot innovators, with highest quality legal services.
FBOs can operate their business temporarily subject to compliance with the FSS Act, 2006 and corresponding Rules and regulations.
India Coronavirus (COVID-19)
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The Food Safety and Standards Authority of India (FSSAI) vide its order dated March 31, 2020 1allowed Food Business Operators (FBO's) to temporarily operate in order to ensure uninterrupted service and availability of food supply during the lockdown period.

Requirements for operating:

  1. FBOs can operate their business temporarily subject to compliance with the FSS Act, 2006 and corresponding Rules and regulations
  2. FBOs can operate their food businesses on the basis of a valid receipt of FSSAI license/ registration application having 17-digit Application Reference Number (ARN) generated on Food Licensing and Registration System (FLRS).

FSSAI License/registration having ARN

The Food Business Operators in order to operate during lockdown period will be required to have applied/apply for the FSSAI license / Registration by making an application alongwith the prescribed fee. Upon completion of the process, a 17-digit ARN would be generated on the basis of which the FBO's can operate their food business. In case any query is raised by the department, it shall be the responsibility of the concerned FBO to respond to the said query.

  • The FSSAI order further clarifies that only the FBO's who have the permission to run their business during the lockdown shall operate and upon completion of the lockdown period, it shall be the responsibility of the concerned FBO to obtain the valid license within 30 days of the lockdown and failure to obtain the same may lead to closure.
  • Commissioners of Food Safety shall also ensure that the FBOs operating on the basis of ARN generated on FLRS shall cease operations within 30 days from the end of the lockdown period.
  • The permission to operate under this order is not for FBOs applying for FSSAI license/ registration for Manufacturer Kind of Business (KoB).
  • Once the lockdown ends, the Commissioners of Food Safety Authority will ensure that all FBO's who have the 17 digit ARN number obtain the valid license within 30 days.

Footnote

1 https://www.fssai.gov.in/upload/advisories/2020/03/5e82d8c9ea24cOrder_Direction_License_Registration_Lockdown_31_03_2020.pdf

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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