Food Safety and Standards (Licensing & Registration of Food Businesses) Regulations have been effective since they were introduced in August 2011. However, there are still a large number of Food Business Operators, in leading cities and towns that have not yet registered under the Food Safety & Standards Act, 2006.
It is in this regard that Food Business Operators in many parts of Delhi have been issued show cause notices individually by the Licensing Authority for carrying out food business activity without valid license/registration. State Licensing Authorities have given Food Business Operators 14 days’ time to reply with a valid reason as to why prosecution/penalty proceedings should not be initiated against them. The Authority may take action against them in case such food business units do not reply to the notice sent by the State Licensing Authority, as there will be no further communication in this regard.
As per Section 63 of FSS Act, 2006, a person/company carrying out food business activity without a license shall be liable to imprisonment which may extend up to six months and also a penalty of up to Rs. 5 lakhs. However, according to Section 58 penalty for carrying out a food business activity without a valid Registration Certificate shall be Rs. 2 lakhs.
Section 31 of the Food Safety & Standards Act, 2006 clearly states that no food business activity should be carried out without a valid license or registration under FSS Act, Rules & Regulations. As per records from FSSAI till Feb. 4, 2014 last year, only 645 licenses have been issued in Delhi. There are many Food Business Operators who are not willing to apply for a license under Food Safety & Standards Act while many others are ignorant about food safety regulations.
The last date for the licensing/registration of food businesses under the FSS Act, 2006 is February 4, 2015. However, this date applies to the FBOs who are already licensed or registered under the previous laws on food and are seeking conversion or renewal of their existing licenses/registrations. FBOs who are just about to start their food business or those who started doing their businesses after August 1, 2011 should have already applied for the license/registration under the Food Safety & Standards Act.
The Food Authorities have been extending the last date since August 4, 2012 and they have already extended the deadline four times in the past. There is growing panic among Food Businesses Operators who have been issued show cause notices, but already enough time has been given to FBOs by the Food Authorities. It is now the responsibility of the Food Business Operators to follow the guidelines in order to serve the consumer safe and healthy food.
The Show Cause Notices served to FBO have been issued by the Department of Food Safety and which has been signed by the Central Licensing Authority.
Obtaining a license/registration is the first step towards ensuring safe food for the consumer.
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