Jul 27, 2012

FSSAI gives in, extends licensing deadline by six months; FBOs relieved

Responding favourably to various representations from all over the country, the Food Safety and Standards Authority of India (FSSAI) has granted food business operators (FBOs) a six-month extension to the August 5, 2012, deadline for complying with the licensing and registration rules laid down by the Food Safety and Standards Regulations (FSSA), 2011.

While there is jubilation over the move in the industry. Prabodh Halde, VP, Association of Food Scientists and Technologists (India), Mumbai chapter, said, “It is a welcome move. All food business operators will now be on their toes. When there was nothing, we got a year's extension, and when things didn't really progress along expected lines, we have to accept this six-month extension and hurry.”

D V Malhan, executive secretary, All India Food Processors' Association (AIFPA), agreed with Halde. Calling it a step in the right direction, he said, “There are teething troubles, but the job will have to be done. If the objectives are not met by February, we will take a call on a further extension. FBOs and the government will have to trust and cooperate with each other.”

“The last date for renewal of licenses/registration under the Food Safety & Standards Act, 2006, has been extended by six months with effect from 5th August, 2012,” informed Praveen Khandelwal, secretary-general, Confederation of All India Traders (CAIT). “The date has been extended by the Food Safety & Standards Authority of India, the Competent Authority,” he added.

Khandelwal added that the Food Safety & Standard Act was notified on August 5, 2011, by the Central government.

Other reactions
In a statement via e-mail, R Kaleeswaran, honorary secretary, Karaikudi Bakery Owners' Association, said, “It is good news for all FBOs. We now have until February 4, 2013, to register or obtain licences. However, we (KBOA) will continue to fight the FSSA till the battle ends.”

The Vidarbha Taxpayers' Association (VTA) had sent prime minister Manmohan Singh; agriculture and food processing minister Sharad Pawar; health minister Ghulam Nabi Azad; FSSAI chairman K Chandramouli; and Maharashtra Food and Drug Administration commissioner Mahesh Zagade; a memorandum requesting them to extend the deadline by at least a year.

Tejinder Singh Renu, secretary, VTA, said, “The six-month extension is a temporary relief, but the horror of impractical and harsh provisions will return to haunt the FBOs after February 5, 2013. So the fight for amendments to the rules should continue, so that small- and medium-sized FBOs don't suffer. Unfortunately they may be compelled to resort to corruption.”

However, not all were gung-ho about this decision by the country's apex food regulator. Ashwini Malhotra, executive director, Weikfield Products Co (India) Pvt. Ltd, said, “To ensure that it is implemented properly, they have to make sure the infrastructure issues are addressed. For instance, systems have to be put in place, and the right people have to be appointed to do the job. Or else, it'll keep extending, and the objective won't be achieved.”

Vijay Prakash Jain, secretary-general, Bharatiya Udyog Vyapar Mandal (BUVM), Delhi, said, “The six-month extension is not for everyone; it is only for those food business operators who haven't registered or obtained a licence under the FSSA, 2006. As for our agitation against the contentious provisions, it is poised for a fight to the finish.”

Statutory advisory
The Food Safety and Standards Authority of India (FSSAI) recently issued a statutory advisory titled, “Extending time period for seeking conversion/renewal of existing licences/registrations granted under the repealed Orders by FBOs” and signed by S S Ghonkrokta, director, enforcement, FSSAI.

It said, “As per the provisions given under Clause 2.1.2 of Licensing/Registration of Food Businesses Regulation, 2011, the food business operator has to apply for conversion/renewal of registration/licence within one year from the date of notification. This time period was to expire on August 4, 2012.”

“The approval of the Competent Authority is hereby conveyed for extending the time period granted to food business operators seeking conversion/renewal of licences by another six months with effect from August 5, 2012,” the advisory stated.

FBO definition
The term food business operators includes 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, sale of food or food ingredients. All such business establishments are required to obtain registration under the new Act.

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