The Food Safety and Standards Authority of India (FSSAI) is pivotal to ensuring the safety and quality of food products across the nation. An FSSAI license is a compulsory requirement for all Food Business Operators (FBO). As a business evolves, its licensing requirement may change, making it imperative to execute the FSSAI license migration. This blog by Lawfinity aims to present detailed information on the process of FSSAI license migration.

The process for FSSAI license migration from State to Central or vice versa has been simplified so that it is easier for FBOs. Earlier this was a big pain point for businesses, but with recent changes FSSAI has allowed migration without changing your original FSSAI license number.

Introduction to FSSAI License Migration

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FSSAI license migration refers to the modification in the license issued to a food business operator from either State License to Central License or vice versa, without changing its 14 digit FSSAI number. The purpose of this policy was to solve the problem FBOs had where their businesses operations changed for example, they started working in a new state, or increased their turnovers because before that required them to surrender an old license and apply for a new one with a different number.

When is FSSAI License Migration Required?

FSSAI licenses are issued upon the size of a food business, which largely relies on its annual turnaround. You will need to migrate if the eligibility criteria of your business change.

When migrating from a State to Central FSSAI License: This is needed when your business crosses the boundary of a single state or your annual turnover exceeds ₹20 crores. Furthermore, a Central License is compulsory for both the importer and the exporter.
When migrating from a Central to State FSSAI License: This is needed if your company decides to downsize and reduce the annual turnover less than ₹20 crores and work within a single state only.

Step-by-Step Process for Migrating FSSAI License

Applications are submitted online through the Food Safety Compliance System portal, also known as FoSCoS.

State to Central FSSAI License

Log in to FoSCoS: Input your existing credentials to log in to the FoSCoS website.
Apply for Modification: Navigate to the "Modification" section on the dashboard and select "Apply for Modification in License/Registration".
Select Details to Change: Choose the details you want to modify, such as "Company Name/Address (within same District)/Kind of Business/Production Capacity etc.," which involves payment of modification fee and any differential fee.
Transfer Application to Central Authority: For a Change of Jurisdiction, an automatic online transfer application is sent to your current state licensing authority. This authority is expected to review the application and all related changes in 15 days. If there are no comments within this period then application is deemed auto-approved.
Scrutiny by Destined Authority: Upon such approval by the competent authority, the application will be taken up at the level of Central licensing authority which will examine and approve or reject it in accordance with regulation.
License Issuance: The license completed with all its records and history is transferred to their jurisdiction once the Central authority approves it.

Central to State FSSAI License

The Central to State FSSAI License conversion also has the same online procedure. The application is filed online in the FoSCoS portal, and an automatic transfer application gets generated to the present Central authority for examination within 15 days. The application then moves to the intended State body for approval.

Documents Required for License Migration

When you apply for migration, you'll need to upload all necessary documents again, fill in the reason for the modification, and proceed with the application. The main document is Form-B and it should be filled up and signed by the proprietor, partner or authorized signatory. Other documents can include:

Supporting documents for the modification.
Nomination of a person by company along with board resolution; and
Any alterations in documents or material submitted during the grant of the previous license.

Timeline and Fees for Migration

A FSSAI license migration fee is generated at the point of modification based on the remaining years left on the license term. This comprises a modification fee as well as the difference between new and previously paid fare. For instance, if you are migrating from a State to Central license, you will have to pay the difference between the fees of Central and State licence along with a modification fee. But if you’re going from a higher fee bracket to a lower one (say Central to State FSSAI license), there is no refund of the difference in fees, and you’ll only be charged the modification fee. The application is verified by the existing authority within 15 days of receiving it.

Common Mistakes to Avoid During Migration

Incorrect Documents: Make sure all documents are proper, up-to-date, and in the correct format.
Incomplete Application: Not filling out all mandatory fields in Form-B or on the online portal can also cause delays or rejection.
Not Responding to Queries: Authorities may send queries for clarification. If no reply is received within 30 days your application may be rejected.
Unfamiliarity with FoSCoS: The online portal can be hard to navigate. Understanding the process and where documents to be uploaded is crucial for trouble free FSSAI license migration.
Ignoring the Transfer of Authority: The auto-transfer process is key. Failing to monitor its status or missing an existing authority's queries can halt your application status.

How Lawfinity Can Help in FSSAI License Migration

FSSAI license migration can be confusing to navigate but with Lawfinity, you don't have to go it alone. Our team is updated with the latest FSSAI laws, and they can take care of all your needs from document preparation to filing on the FoSCoS portal. We ensure a seamless transition and help you avoid common mistakes so that you can get back to doing what you do best: running your business. We will handle the legalities of your FSSAI license migration so you can expand without any hassle.