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| + | {{htmlmetatags> | ||
| + | ====== FSSAI food licence delayed — RTI to the Designated Officer ====== | ||
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| + | {{: | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** FSSAI licence stuck past 60 days? File RTI to the FSSAI Designated Officer with your FoSCoS reference number. Ask status, inspection and sample test reports. | ||
| + | </ | ||
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| + | <WRAP info> | ||
| + | |||
| + | ===== The story most citizens recognise ===== | ||
| + | |||
| + | 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 " | ||
| + | |||
| + | 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." | ||
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| + | Sunita' | ||
| + | |||
| + | ===== What an FSSAI licence actually is ===== | ||
| + | |||
| + | 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 " | ||
| + | |||
| + | Under **Section 31 of the FSS Act, 2006**, no person can manufacture, | ||
| + | |||
| + | - **Basic Registration** — for small food businesses with annual turnover **up to Rs.1.5 crore**. Issued by the **Registering Authority** (usually the local Municipal/ | ||
| + | - **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. | ||
| + | - **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, | ||
| + | |||
| + | 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, | ||
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| + | <WRAP tip> | ||
| + | |||
| + | ===== How the licensing process works — so you know what to ask for ===== | ||
| + | |||
| + | The **FSS (Licensing and Registration of Food Businesses) Regulations, | ||
| + | |||
| + | In practice, on the **FoSCoS** portal (Food Safety Compliance System at [[https:// | ||
| + | |||
| + | 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' | ||
| + | |||
| + | That is where the RTI comes in. The file's movement between bins — who touched it, when, and what they wrote — is all " | ||
| + | |||
| + | ===== The 2026 update you must know about ===== | ||
| + | |||
| + | 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, | ||
| + | |||
| + | **Second, the 2026 amendment introduced perpetual validity** for licences and registrations, | ||
| + | |||
| + | 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' | ||
| + | |||
| + | ===== Step-by-step: | ||
| + | |||
| + | **Step 1 — Identify the correct PIO.** This depends on your tier: | ||
| + | - **Basic Registration: | ||
| + | - **State Licence:** the **State Designated Officer** under the State Food Safety Commissioner. File with the State CPIO. | ||
| + | - **Central Licence:** the **Central Designated Officer, FSSAI** at FDA Bhawan, Kotla Road, New Delhi-110002, | ||
| + | |||
| + | **Step 2 — Note your FoSCoS reference number.** Log in at [[https:// | ||
| + | |||
| + | **Step 3 — Draft your questions.** Ask for specific, dated records. Five strong questions: | ||
| + | |||
| + | - **" | ||
| + | - **" | ||
| + | - **" | ||
| + | - **" | ||
| + | - **" | ||
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| + | **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", | ||
| + | |||
| + | **Step 5 — Submit and keep proof.** File by hand and take a stamped receiving copy, or send by registered post with the acknowledgement, | ||
| + | |||
| + | **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. | ||
| + | |||
| + | ===== Documents to attach ===== | ||
| + | |||
| + | - A printout of your **FoSCoS application summary** showing the reference number and date. | ||
| + | - The **fee payment receipt** (IPO/bank draft/ | ||
| + | - A copy of your **previous correspondence** with FSSAI, if any (helpline ticket number, grievance complaint number). | ||
| + | - A **government-issued ID** proof (Aadhaar/ | ||
| + | - For BPL applicants, a **BPL certificate** to claim the fee waiver. | ||
| + | |||
| + | ===== Common mistakes to avoid ===== | ||
| + | |||
| + | - **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. | ||
| + | - **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. | ||
| + | - **Asking for " | ||
| + | - **Confusing registration with licence.** A Basic Registration (turnover up to Rs.1.5 crore) is granted by the local Registering Authority; a State/ | ||
| + | - **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. | ||
| + | - **Skipping the parallel grievance.** An RTI gets you information; | ||
| + | |||
| + | ===== The escalation ladder if you get no answer ===== | ||
| + | |||
| + | - **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. | ||
| + | - **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. | ||
| + | - **Section 18 complaint: | ||
| + | |||
| + | You can draft your first appeal with our First Appeal tool at https:// | ||
| + | |||
| + | ===== Real-life example ===== | ||
| + | |||
| + | <WRAP center round box> | ||
| + | **Sunita D., Indore, Madhya Pradesh — State Licence delay.** | ||
| + | |||
| + | Sunita applied for a **State FSSAI Licence** on the FoSCoS portal on **12 February 2026** for her namkeen unit with an annual turnover of about **Rs.8 crore** (within the Rs.1.5 crore to Rs.50 crore State band under the revised 2026 thresholds). Reference number ended in ...4471. Fee paid online: **Rs.3, | ||
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| + | By **15 April 2026** — 62 days later — no inspection, no query, no licence, no rejection. The FoSCoS status still read "under scrutiny." | ||
| + | |||
| + | On **14 May 2026** (within the 30-day limit) the State CPIO replied: inspection had been scheduled but the Food Safety Officer was on leave; no sample was drawn; the file had not reached the DO's bin; the auto-generation trigger had not been invoked because the application was marked " | ||
| + | |||
| + | **Total cost:** Rs.3,000 licence fee + Rs.10 RTI fee + Rs.40 postage = **Rs.3, | ||
| + | **Lesson:** The RTI did not itself issue the licence, but it produced the on-record admission ("file had not reached the DO's bin") that made the first appeal and the grievance effective. | ||
| + | </ | ||
| + | |||
| + | ===== Sample RTI letter ===== | ||
| + | |||
| + | < | ||
| + | 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 — | ||
| + | | ||
| + | |||
| + | Sir/Madam, | ||
| + | |||
| + | I, [Name], citizen of India, applied for an FSSAI [State/ | ||
| + | Licence on the FoSCoS portal on [DD/ | ||
| + | reference number is [........]. A completed application, | ||
| + | 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, | ||
| + | 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, | ||
| + | |||
| + | 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 | ||
| + | | ||
| + | 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 | ||
| + | | ||
| + | 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 | ||
| + | | ||
| + | 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; | ||
| + | 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/ | ||
| + | Place: [City] | ||
| + | [Address] | ||
| + | [Phone/ | ||
| + | </ | ||
| + | |||
| + | ===== Frequently asked questions ===== | ||
| + | |||
| + | ==== Where do I file the RTI — with FSSAI in Delhi or with my State? ==== | ||
| + | It depends on your licence tier. For a **Central Licence** (turnover above Rs.50 crore, or importers, exporters, e-commerce, high-risk categories), | ||
| + | |||
| + | ==== What is the 60-day rule and where is it written? ==== | ||
| + | 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, | ||
| + | |||
| + | ==== My FoSCoS status says "under scrutiny" | ||
| + | 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:// | ||
| + | |||
| + | ==== What is the FSSAI auto-generation policy? ==== | ||
| + | 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' | ||
| + | |||
| + | ==== Do I have to pay the Rs.10 fee for a State application too? ==== | ||
| + | For a **Central** application to FSSAI, the fee is Rs.10. For a **State** application, | ||
| + | |||
| + | ==== The CPIO replied "file is with the DO, please contact them." Is that a valid reply? ==== | ||
| + | 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" | ||
| + | |||
| + | ==== Can I ask for the inspection report and sample-test report? ==== | ||
| + | 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 " | ||
| + | |||
| + | ==== My licence was rejected. Can I use RTI to get the reasons? ==== | ||
| + | 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 [[fssai-licence-rejected-food-category-address-documents|on FSSAI licence rejection]]. | ||
| + | |||
| + | ==== Is there a helpline I can use alongside the RTI? ==== | ||
| + | Yes. FSSAI runs a 24x7 toll-free helpline at **1800112100** for both consumers and food business operators (licensing, registration, | ||
| + | |||
| + | ==== What if my question involves a food safety complaint, not a licence? ==== | ||
| + | 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-complaint|RTI for consumer complaints]] for that pathway. | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | - FSSAI — Organisation and statutory status under FSS Act 2006: [[https:// | ||
| + | - FSS Act, 2006 — Section 31 (Licensing and registration), | ||
| + | - FSS (Licensing and Registration of Food Businesses) Regulations, | ||
| + | - FSSAI auto-generation policy, 8 January 2021: [[https:// | ||
| + | - FSSAI auto-generation extension, 27 April 2021: [[https:// | ||
| + | - FSSAI Order dated 13 March 2026 — Revised turnover thresholds effective 1 April 2026: [[https:// | ||
| + | - FoSCoS — Kind of Business eligibility (capacity-based categories): | ||
| + | - FSSAI — CPIO and First Appellate Authority list: [[https:// | ||
| + | - FSSAI — RTI fee and filing address: [[https:// | ||
| + | - FoSCoS portal (licensing and "Know Your Officer" | ||
| + | - FSSAI grievance portal — Food Safety Connect: [[https:// | ||
| + | - FSSAI toll-free helpline 1800112100 (FoSCoS helpdesk, 24x7): [[https:// | ||
| + | - 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): [[https:// | ||
| + | - Central RTI Online portal: [[https:// | ||
| + | |||
| + | ===== Related on RTI Wiki ===== | ||
| + | |||
| + | - [[fssai-licence-rejected-food-category-address-documents|FSSAI licence rejected — food category, address, documents]] | ||
| + | - [[rti-for-trade-licence|RTI for trade licence delay]] | ||
| + | - [[rti-for-hospital-licence|RTI for hospital licence]] | ||
| + | - [[rti-for-driving-licence-delay|RTI for driving licence delay]] | ||
| + | - [[rti-for-consumer-complaint|RTI for consumer complaint]] | ||
| + | - [[legal-metrology-notice-mrp-label-weight-ecommerce-listing|Legal metrology: MRP label and weight notice]] | ||
| + | - [[municipal-trade-licence-penalty-shop-signage-notice|Municipal trade licence penalty and signage notice]] | ||
| + | - [[diagnostic-lab-wrong-report-retest-refund-complaint|Diagnostic lab wrong report — retest and refund]] | ||
| + | |||
| + | //Last reviewed: 4 July 2026.// | ||
| + | |||
| + | {{tag> | ||