FSSAI Issues Advisory dated February 21, 2024, for Time-Bound Processing of Applications for Licenses Marked for Inspections

The Food Safety and Standards Authority of India (“FSSAI”) issued directions for Risk Based Inspections vide order number RCD-02001/9/2021-Regulatory-FSSAI dated May 2, 2022[1]. Basis these directions issued by the FSSAI, Pre – License inspections are mandated only for the following categories of Manufacturer/Processor:

  • Milk & Milk products
  • Meat & Meat products
  • Fish & Fish products
  • Fortified Rice Kernels (FRKs)
  • Slaughter Houses

For the remaining categories of food business, license may be granted based on the submission of required mandatory documents without requiring pre-licensing inspection.

However, it has been observed that the Designated officers (“DOs”) are frequently marking licensing applications for pre – licensing inspection in non-mandatory cases resulting in delay in processing of applications and hence the grant of license. Furthermore, in some of the applications of non – mandatory cases which are marked for inspection, it is observed that inspection is not initiated even after 15 days of marking inspection.

Taking into cognizance the above scenario, FSSAI has released an advisory to all the DOs that:

  • No pre-license inspections shall be conducted in cases other than mandated categories as stated above.
  • In the cases where DOs believe that it is necessary to conduct inspection in non-mandatory categories, the DO shall record the reason in writing with clear justification.
  • Moreover, once an application is marked for inspection in the non-mandatory categories, inspection should be done within 15 days itself, failing which, the DO shall recall the application back to Document Scrutiny Stage in Food Safety Compliance System and grant the license.
  • In case, where the DO still believes that inspection is necessarily to be conducted prior to the grant of the license, the DO may reassign the inspection to another FSO or to himself/herself for immediately conducting the inspection without any further delay.

[1] https://fssai.gov.in/upload/advisories/2022/05/626fad52101b0Order_RBIS_02_05_2022.pdf