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2023 | OriginalPaper | Chapter

Entering into Food Processing Market in India—Methodology of Obtaining the Food Registration and Food Licenses

Author : Rathna Malhotra Gaur

Published in: Comparative Approaches in Law and Policy

Publisher: Springer Nature Singapore

Abstract

Food is considered as an inherent factor important for growth of any economy. India having a population of 1.38 billion people, food Industry is bound to grow and is one of the industries where long-term investment and returns can be projected. India’s total food import has risen from 18,780.98 ($ Million) in the year 2012–13 to 20,994.93 ($ Million) in the year 2020–21. The Indian food processing market reached height of INR 30,938 Billion in 2020 and is expected to grow at the rate of 12% during 2021–2026. There are many food operators intending to enter into Indian food markets. Below Article is an attempt to understand the legal nuances pertianing to enter into Indian food markets and setting up food oeprators in India.

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The statistic shows the total population of India from 2016 to 2026. In 2020, the estimated total population in India amounted to approximately 1.38 billion people, available on https://www.statista.com/statistics/263766/total-population-of-india/#:~:text=The%20statistic%20shows%20the%20total,to%20approximately%201.38%20billion%20people.&text=India%20currently%20has%20the%20second,ranking%20China%20within%20forty%20years.

Source: Department of Commerce.

Source: Department of Food Processing, Government of India.

CII-Report, Indian Food processing Sector Trends and Opportunities, August 2019.

IBEF website accessed in January 2022.

DPIIT—FDI Statistics Apr 2000–March 2020, Accessed on January 2022.

Exporting to India, Australian Trade and Investment Commission, Australian government, https://www.austrade.gov.au/australian/export/export-markets/countries/india/market-profile#:~:text=The%20Australia%20India%20Business%20Exchange,program%20between%20Australia%20and%20India.&text=An%20India%20Economic%20Strategy%20to,Australia's%20economic%20partnership%20with%20India. Visited in January 2022.

Indian country brief given by Australian Trade and Investment Commission, Australian government. https://www.dfat.gov.au/geo/india/india-country-brief. Visited in January 2022.

Food and agribusiness to India, Australian Trade and Investment Commission, Australian government, https://www.austrade.gov.au/australian/export/export-markets/countries-and-economies/india/industries/food-and-agribusiness-to-india. Visited in January 2022.

Vithal Nutraceuticals Pvt Ltd V Union of India, 2014 (1) FAC 1 at pg. 6 (Bom).

Centre for Public Interest Litigation V Union of India, 2013 (2) FAC 135 at p. 139 (SC).

The self-declaration needs to be submitted in the format provided under Part 1 Schedule 4 of the Regulation.

Format of Application is found on—https://foodlicensing.fssai.gov.in/PDF/FORM_A.pdf.

The list of food operators under schedule 1 can be found on: https://foodsafetyhelpline.com/schedule-1/.

The list of documents were notified by FSSAI through order dated 19th March 2021. The copy of the order can be found on: https://foscos.fssai.gov.in/assets/docs/DocumentListMarch.pdf.

The form can be found on: https://foodlicensing.fssai.gov.in/PDF/FORM_A.pdf.

The link to form B can be found on: https://foodlicensing.fssai.gov.in/PDF/FORM_B.pdf.

The copy of the Declaration form can be found on https://foodlicensing.fssai.gov.in/PDF/Declaration.pdf.

The link for registration is https://foscos.fssai.gov.in/.

Form D-1 is found on: https://www.dfda.goa.gov.in/uploads/Form_D1.pdf.

Form D-2 is found on https://foodlicensing.fssai.gov.in/PDF/Half%20Yearly%20Return%20for%20Milk%20and%20Milk%20Products%20Form%20D-2.pdf.

The detailed provisions on the Hygienic Standards can be found on https://fssai.gov.in/cms/hygiene-requirements.php.

Ibid. at 14.

Regulation 2.1.1 (1) (5) and Part III of Schedule 4 of the Regulation lay down specific guidelines for Milk and Milk Products. These regulations can be found at Ibid. Footnote 14.

Regulation 2.1.2 (1) (5) and Part IV of Schedule 4 of the Regulation lay down specific guidelines for Meat and Meat Products. These regulations can be found at Ibid. Footnote 14.

Part V of Schedule 4 of the Regulation lay down detailed and specific rules for food business operators engaged in Catering/Food service establishments. These regulations can be found on Ibid. Footnote no. 14.

The format of the Annual return is found on https://foodlicensing.fssai.gov.in/PDF/Annual%20Return%20Form%20D-1.pdf.

The format of the semi-annual return can be found on https://foodlicensing.fssai.gov.in/PDF/Half%20Yearly%20Return%20for%20Milk%20and%20Milk%20Products%20Form%20D-2.pdf.

The details pertaining to the grant of fee is found on https://foodsafetyhelpline.com/schedule-3/.

Ibid. at Footnotes 8 and 9.

The format of the Guarantee can be found on https://foodsafetynews.files.wordpress.com/2011/09/form-e-_form-of-guarantee.pdf.

The provisions pertaining to Rectification notice under Section 32 of FSSAI states as below, 32. Improvement notices:

(1)

If the Designated Officer has reasonable ground for believing that any food business operator has failed to comply with any regulations to which this section applies, he may, by a notice served on that food business operator (in this Act referred to as an “improvement notice”):

(a)

state the grounds for believing that the food business operator has failed to comply with the regulations;

(b)

specify the matters which constitute the food business operator's failure so to comply;

(c)

specify the measures which, in the opinion of the said Authority, the food business operator must take, in order to secure compliance; and

(d)

require the food business operator to take those measures, or measures which are at least equivalent to them, within a reasonable period (not being less than fourteen days) as may be specified in the notice.

(2)

If the food business operator fails to comply with an improvement notice, his license may be suspended.

(3)

If the food business operator still fails to comply with the improvement notice, the Designated Officer may, after giving the licensee an opportunity to show cause, cancel the licence granted to him: Provided that the Designated Officer may suspend any licence forthwith in the interest of public health for reasons to be recorded in writing.

(4)

Any person who is aggrieved by:

(a)

an improvement notice; or

(b)

refusal to issue a certificate as to improvement; or

(c)

cancellation or suspension or revocation of licence under this Act, may appeal to the Commissioner of Food Safety whose decision thereon, shall be final.

(5)

The period within which such an appeal may be brought shall be:

(a)

fifteen days from the date on which notice of the decision was served on the person desiring to appeal; or

(b)

in the case of an appeal under sub-section (1), the said period or the period specified in the improvement notice, whichever expires earlier; Explanation.—For the purpose of this sub-section, the making of the complaint shall be deemed to be the bringing of the appeal.

Title: Entering into Food Processing Market in India—Methodology of Obtaining the Food Registration and Food Licenses
Author: Rathna Malhotra Gaur
Publisher: Springer Nature Singapore
Book: Comparative Approaches in Law and Policy
Print ISBN: 978-981-9944-59-0

Electronic ISBN: 978-981-9944-60-6

Copyright Year: 2023
DOI: https://doi.org/10.1007/978-981-99-4460-6_18