FSSAI food licence delayed — RTI to the Designated Officer

Sunita runs a small namkeen and packaged-snack unit in Indore, Madhya Pradesh. Her annual turnover is about Rs.8 crore, so under the rules revised in 2026 she needs a State FSSAI Licence, not a basic registration and not a Central licence. In February 2026 she applied through the FoSCoS portal, paid the fee online, and got a reference number ending in …4471. The portal showed “Application under scrutiny.” Then nothing.

Sixty days passed. No inspector came. No query arrived in her FoSCoS inbox. No licence was generated, and no rejection was sent. On day 74 she called the licensing helpline and was told “your file is with the Designated Officer, Madam.” Which Designated Officer? Where? The call centre could not say. The local food safety office asked her to come in person. She did, twice, and each time the dealing clerk was “on tour.”

Sunita's case is not unusual. Food business operators across India — dairy farmers, restaurant owners, street-food vendors, mid-sized manufacturers, importers — wait months for an FSSAI decision that the law says must come in 60 days. The file moves between desks, the FoSCoS status does not update, and nobody is accountable. That is exactly the gap the Right to Information Act, 2005 was built to close. One Rs.10 application, quoting the right section of the Food Safety and Standards Act, 2006, can force the Designated Officer to put the status of your file on record.

The Food Safety and Standards Authority of India (FSSAI) is a statutory body set up under the Food Safety and Standards Act, 2006, under the Ministry of Health and Family Welfare, Government of India. It is a “public authority” under Section 2(h) of the RTI Act, 2005 — which means every citizen has the right to ask it for information.

Under Section 31 of the FSS Act, 2006, no person can manufacture, store, sell or distribute any food article except under a licence or registration granted under the Act. There are three tiers, and the tier decides which authority you file with:

1. Basic Registration — for small food businesses with annual turnover up to Rs.1.5 crore. Issued by the Registering Authority (usually the local Municipal/Tehsil Food Safety Officer).
2. State Licence — for turnover above Rs.1.5 crore and up to Rs.50 crore. Issued by the State Government through the State Designated Officer.
3. Central Licence — for turnover above Rs.50 crore. Issued by FSSAI (Central) through the Central Designated Officer.

These turnover limits were revised by a Gazette notification dated 10 March 2026 and an FSSAI order dated 13 March 2026, effective 1 April 2026. They replace the old Rs.12 lakh / Rs.20 crore thresholds. Some businesses are categorised by capacity, not turnover — for example, a dairy needs a Central Licence above 50,000 litres per day, a State Licence between 501 and 50,000 litres per day, and a Registration up to 500 litres per day. Importers, exporters, e-commerce food operators, and makers of proprietary foods, nutraceuticals, non-specified foods and radiation-processed foods mandatorily need a Central Licence regardless of turnover.

A critical proviso sits inside Section 31(4) of the FSS Act, 2006: if a licence is not issued within two months of the application, and the application is not rejected, the applicant may start the food business after that period. This is the statutory clock that Sunita — and you — can enforce.

The FSS (Licensing and Registration of Food Businesses) Regulations, 2011 lay down the operational timeline. Under sub-regulations 2.1.4 and 2.1.6, the licensing authority must either grant or reject the licence within 60 days of receiving a completed application, or within 30 days of inspection — whichever is applicable. If no intimation of inadequacy is sent within 60 days, the applicant may commence business.

In practice, on the FoSCoS portal (Food Safety Compliance System at foscos.fssai.gov.in), an application moves through these bins:

1. **Document Scrutiny** — the dealing officer checks your uploaded documents.
2. **Inspection** — a Food Safety Officer visits your premises and files a report.
3. **DO's bin** — the Designated Officer reviews the inspection report and grants or rejects.
4. **Licence generation** — the 14-digit licence number is issued.

FSSAI runs an auto-generation policy introduced in January 2021 and extended in April 2021. Under this policy, the system auto-generates a licence on the 61st day from the applicant's last response at the Document Scrutiny stage, on the 61st day if no inspection is conducted, and on the 76th day if the file sits unaddressed in the DO's bin. It auto-rejects on the 31st day if the applicant fails to reply to a query within 30 days. The catch: this auto-trigger depends on the file being moved correctly between bins, and in practice files stall silently.

That is where the RTI comes in. The file's movement between bins — who touched it, when, and what they wrote — is all “information” under Section 2(f) of the RTI Act. You are entitled to ask for it.

Two big changes took effect on 1 April 2026, and they change both who you file with and what you ask for.

First, the turnover thresholds were revised. The Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2026, notified on 10 March 2026, and the FSSAI order dated 13 March 2026 (F. No. RCD-01002/1/2021-Regulatory-FSSAI-Part(1)) raised the limits. Basic Registration now covers up to Rs.1.5 crore (earlier Rs.12 lakh); the State Licence band is Rs.1.5 crore to Rs.50 crore (earlier Rs.12 lakh to Rs.20 crore); the Central Licence kicks in above Rs.50 crore (earlier above Rs.20 crore). If you filed before 1 April 2026 under the old bands, your application continues under the threshold that applied on the date of filing — but if you are filing a fresh RTI in 2026, quote the new thresholds so the PIO does not send you to the wrong office.

Second, the 2026 amendment introduced perpetual validity for licences and registrations, subject to risk-based inspections, replacing the older fixed-term 1-to-5-year renewal cycle. This means a “renewal delay” RTI is now largely a thing of the past — but the initial grant delay remains the live problem.

What does this mean for Sunita? Her Rs.8 crore turnover firmly places her in the State Licence band. Her RTI goes to the State Food Safety Commissioner's CPIO (the State authority), with a copy to the FSSAI Nodal Officer at FDA Bhawan. If her turnover were above Rs.50 crore, or if she were an importer or e-commerce operator, she would file instead with the Central Designated Officer / FSSAI CPIO. Getting this wrong is the single most common filing mistake.

Step 1 — Identify the correct PIO. This depends on your tier:

1. Basic Registration: the local Registering Authority (Tehsil/Municipal Food Safety Officer). File with the State CPIO.
2. State Licence: the State Designated Officer under the State Food Safety Commissioner. File with the State CPIO.
3. Central Licence: the Central Designated Officer, FSSAI at FDA Bhawan, Kotla Road, New Delhi-110002, or the relevant FSSAI Regional Office (Western/Mumbai, Northern/Ghaziabad, Eastern/Kolkata, Southern/Chennai, NER/Guwahati). Use the “Know Your Officer” feature on FoSCoS to pin the exact DO.

Step 2 — Note your FoSCoS reference number. Log in at foscos.fssai.gov.in, open your application, and copy the reference number and the date of submission. These two facts anchor your whole RTI.

Step 3 — Draft your questions. Ask for specific, dated records. Five strong questions:

1. “Furnish the current status of my application bearing reference number [..] dated [..], and the name and designation of the officer currently holding the file.”
2. “Furnish the date on which an inspection of my premises was conducted or is scheduled, and a certified copy of the inspection report under Regulation 2.1.6 of the FSS (Licensing and Registration) Regulations, 2011.”
3. “Furnish a certified copy of the sample-test report, if any sample was drawn during inspection, including the laboratory name and report date.”
4. “Furnish the reason for not granting or rejecting the licence within 60 days of the completed application, as required by Section 31(4) of the FSS Act, 2006 and Regulation 2.1.6 of the 2011 Regulations.”
5. “Furnish the projected date of licence issuance, and confirm whether the auto-generation on the 61st/76th day under the FSSAI policy dated 8 January 2021 has been triggered or withheld, with reasons.”

Step 4 — Pay the fee. Rs.10 for Central applications to FSSAI, payable by Indian Postal Order or bank draft in favour of “Sr. Account Officer, FSSAI”, or online through the RTI Online portal at rtionline.gov.in. BPL applicants are exempt from the fee. State applications follow your state's RTI rules — most charge Rs.10; see RTI Fees by State and Online Portal Directory (2026) for the state-wise schedule.

Step 5 — Submit and keep proof. File by hand and take a stamped receiving copy, or send by registered post with the acknowledgement, or file online and save the registration number. Address Central applications to: Nodal Officer, RTI and Grievance Cell, FSSAI, FDA Bhawan, Kotla Road, New Delhi-110002.

Step 6 — Wait 30 days. The CPIO must reply within 30 days under Section 7(1) of the RTI Act, 2005. If the matter concerns life or liberty, the deadline is 48 hours — but licence-status queries normally fall in the 30-day bucket.

1. A printout of your FoSCoS application summary showing the reference number and date.
2. The fee payment receipt (IPO/bank draft/online receipt).
3. A copy of your previous correspondence with FSSAI, if any (helpline ticket number, grievance complaint number).
4. A government-issued ID proof (Aadhaar/Voter ID) to establish citizenship under Section 3 of the RTI Act.
5. For BPL applicants, a BPL certificate to claim the fee waiver.

1. Filing at the wrong tier. Under the 2026 thresholds, the Central Licensing Authority (FSSAI) handles turnover above Rs.50 crore — not above Rs.20 crore as older guides say. Filing a Central-tier RTI at the State office (or vice versa) gets your application transferred under Section 6(3) and wastes 5 extra days.
2. Quoting only the application number, not the date. The 60-day clock runs from the date of the completed application. Without that date, the PIO cannot compute whether the deadline was breached.
3. Asking for “status” only. A bare status query gets you a one-line reply (“under process”). Always ask for the inspection report, sample-test report, and the reason for delay under Section 31(4) proviso.
4. Confusing registration with licence. A Basic Registration (turnover up to Rs.1.5 crore) is granted by the local Registering Authority; a State/Central Licence is granted by the Designated Officer. The RTI route and PIO differ.
5. Forgetting the auto-generation policy. If your file sat in the DO's bin past the 76th day, the system should have auto-generated the licence. Ask whether that trigger was withheld and why — this is the question that most often forces action.
6. Skipping the parallel grievance. An RTI gets you information; a grievance on Food Safety Connect gets you action. File both (see below).

1. First appeal: If no reply comes within 30 days, or the reply is evasive, file a First Appeal under Section 19(1) of the RTI Act with the First Appellate Authority at FSSAI. FSSAI publishes its FAA list by division (Regulatory Compliance, Regulation, GA, HR, QA, Legal) and regional office; the latest declarations are dated 23.06.2026 and 25.02-25.03.2026. File within 30 days of the deadline; the FAA must decide within 30 days, extendable to 45.
2. Second appeal: If the FAA also fails, file a Second Appeal under Section 19(3) with the Central Information Commission (for FSSAI Central) or your State Information Commission (for State licences). No fee for a CIC second appeal.
3. Section 18 complaint: If the CPIO never replied at all or refused to accept the application, file a direct complaint to the Information Commission under Section 18.

You can draft your first appeal with our First Appeal tool at https://righttoinformation.wiki/tools/first-appeal-app.html and check whether the reply you got is legally adequate with the PIO Reply Checker at https://righttoinformation.wiki/tools/pio-reply-checker-app.html .

To: The Central Public Information Officer
    [Office of the Commissioner of Food Safety, State] OR
    [FSSAI, FDA Bhawan, Kotla Road, New Delhi-110002]
    (choose based on your licence tier — see guide)

Subject: Application under Section 6(1) of the RTI Act, 2005 —
         Status of FSSAI licence application bearing reference no. [....]

Sir/Madam,

I, [Name], citizen of India, applied for an FSSAI [State/Central]
Licence on the FoSCoS portal on [DD/MM/YYYY]. My application
reference number is [........]. A completed application, including
all uploaded documents, was submitted on that date.

More than 60 days have elapsed since the date of the completed
application. No licence has been granted, no rejection has been
communicated, and no intimation of any inadequacy has been sent to
me. This is in breach of the proviso to Section 31(4) of the Food
Safety and Standards Act, 2006, and of Regulations 2.1.4 and 2.1.6
of the FSS (Licensing and Registration of Food Businesses)
Regulations, 2011.

Under Section 6(1) of the RTI Act, 2005, I seek the following
information:

1. The current status of my application and the name and
   designation of the officer currently holding the file.
2. The date on which an inspection of my premises was conducted or
   is scheduled, and a certified copy of the inspection report.
3. A certified copy of any sample-test report drawn during
   inspection, with the laboratory name and report date.
4. The reason for not granting or rejecting the licence within
   60 days, as required by Section 31(4) proviso of the FSS Act,
   2006 and Regulation 2.1.6 of the 2011 Regulations.
5. Whether the auto-generation of the licence on the 61st/76th day
   under the FSSAI policy dated 08.01.2021 has been triggered or
   withheld, and if withheld, the reasons thereof.
6. The projected date of licence issuance.

I state that the information sought is of a kind that cannot be
denied under Section 8 or 9 of the RTI Act, 2005. The information
is sought as a matter of right under Section 6(1) read with
Section 7(1). If the information is partly held by another public
authority, please transfer the application under Section 6(3)
within five days.

I have paid the RTI fee of Rs.10 by [Indian Postal Order / bank
draft / online payment], bearing number [....], dated [....].
(If BPL: I am a BPL card-holder; a copy is enclosed and the fee
is waived.)

If no reply is received within 30 days, I shall file a first
appeal under Section 19(1) of the RTI Act, 2005.

Date: [DD/MM/YYYY]                                        [Signature]
Place: [City]                                             [Name]
                                                          [Address]
                                                          [Phone/Email]

It depends on your licence tier. For a Central Licence (turnover above Rs.50 crore, or importers, exporters, e-commerce, high-risk categories), file with the FSSAI CPIO at FDA Bhawan, New Delhi, or the relevant FSSAI Regional Office. For a State Licence (Rs.1.5 crore to Rs.50 crore) or a Basic Registration (up to Rs.1.5 crore), file with the CPIO of your State Commissioner of Food Safety. Use the “Know Your Officer” feature on FoSCoS to confirm.

Two places. Section 31(4) proviso of the FSS Act, 2006 says that if a licence is not issued within two months and not rejected, the applicant may start business. Regulations 2.1.4 and 2.1.6 of the FSS (Licensing and Registration) Regulations, 2011 say the licensing authority must grant or reject within 60 days of a completed application, or within 30 days of inspection. Quote both in your RTI.

As a matter of law, the proviso to Section 31(4) allows you to start business after two months if no rejection and no intimation of inadequacy has been sent. In practice, starting without the licence number is risky for downstream compliance (bank loans, e-commerce listing, GST input credit). The safer route is to file the RTI and a parallel grievance to force the grant first. Use our RTI Timeline Calculator at https://righttoinformation.wiki/tools/timeline-calculator-app.html to track the exact deadline.

Under an FSSAI policy dated 8 January 2021 (extended in April 2021), the FoSCoS system auto-generates a licence on the 61st day from the applicant's last response at Document Scrutiny, on the 61st day if no inspection is conducted, and on the 76th day if the file sits unaddressed in the Designated Officer's bin. It auto-rejects on the 31st day if the applicant does not reply to a query. If your file crossed these marks and nothing happened, ask in your RTI whether the trigger was withheld and why.

For a Central application to FSSAI, the fee is Rs.10. For a State application, the fee and mode of payment follow your state's RTI Rules — most states also charge Rs.10, but a few differ. Check RTI Fees by State and Online Portal Directory (2026) for the state-wise schedule. BPL applicants are exempt from the fee in all states.

No. Under Section 7(1) the CPIO must furnish the information or reject the request with reasons under Section 8. “File is with another officer” is not a valid rejection — if part of the information is held by another authority within the same public authority, the CPIO must retrieve it. If a different public authority holds it, the CPIO must transfer under Section 6(3) within five days and inform you. Treat such a reply as grounds for a first appeal under Section 19(1).

Yes. Both are records held by the food safety authority and are not exempt under Section 8 or 9 of the RTI Act. The inspection report is made by a public servant in the course of duty, and the sample-test report is a laboratory record. Ask for “certified copies” so you can use them in any further appeal or grievance.

Yes — and you should. Ask for a certified copy of the rejection order, the inspection report on which it was based, and the noting on the file. The rejection order itself must state reasons, but the underlying records are often more revealing. For the appeal side of a rejection, see our companion guide on FSSAI licence rejection.

Yes. FSSAI runs a 24×7 toll-free helpline at 1800112100 for both consumers and food business operators (licensing, registration, grievances and technical help for FoSCoS). You can also register a grievance on Food Safety Connect at foscos.fssai.gov.in/consumergrievance — you get a unique concern number by SMS for tracking. Pair the RTI (which gets you information) with a grievance (which gets you action).

Then you want the consumer-side route, not the licensing RTI. File a complaint on Food Safety Connect and, if it concerns adulteration or unsafe food, an RTI to the State Food Safety Commissioner asking for action taken on your complaint number. See RTI for consumer complaints for that pathway.

1. FSSAI — Organisation and statutory status under FSS Act 2006: fssai.gov.in/cms/organisation.php
2. FSS Act, 2006 — Section 31 (Licensing and registration), Section 36 (Designated Officers): indiankanoon.org/doc/1798413
3. FSS (Licensing and Registration of Food Businesses) Regulations, 2011 — Regulations 2.1.4 and 2.1.6 (60-day SLA): fssai.gov.in Licensing Regulations PDF
4. FSSAI auto-generation policy, 8 January 2021: FSSAI policy letter
5. FSSAI auto-generation extension, 27 April 2021: FSSAI policy extension
6. FSSAI Order dated 13 March 2026 — Revised turnover thresholds effective 1 April 2026: FSSAI 2026 threshold order
7. FoSCoS — Kind of Business eligibility (capacity-based categories): FoSCoS KoB eligibility
8. FSSAI — CPIO and First Appellate Authority list: fssai.gov.in/cms/cpios.php
9. FSSAI — RTI fee and filing address: fssai.gov.in RTI page
10. FoSCoS portal (licensing and “Know Your Officer”): foscos.fssai.gov.in
11. FSSAI grievance portal — Food Safety Connect: foscos.fssai.gov.in/consumergrievance
12. FSSAI toll-free helpline 1800112100 (FoSCoS helpdesk, 24×7): fssai.gov.in helpdesk
13. Centre for Public Interest Litigation v. Union of India, Supreme Court, 22 October 2013, WP(C) No. 681 of 2004 — (2013) 16 SCC 279; AIR 2014 SC 49 (food safety and Article 21 read with Article 47): indiankanoon.org/doc/164698616
14. Central RTI Online portal: rtionline.gov.in

1. FSSAI licence rejected — food category, address, documents
2. RTI for trade licence delay
3. RTI for hospital licence
4. RTI for driving licence delay
5. RTI for consumer complaint
6. Legal metrology: MRP label and weight notice
7. Municipal trade licence penalty and signage notice
8. Diagnostic lab wrong report — retest and refund

Last reviewed: 4 July 2026.