It will be completely not legal to use in such manner in order to deceive people.
Starting FSSAI license consultancy website
Hello, I am planning to run one website which domain is like fssailicenseindia.org and in which we will help people to apply for fssai license and charge consultancy fees but on jan 8 2020 there is one notification from FSSAI(government body) link> https://fssai.gov.in/upload/media/FSSAI_News_Fake_ET_10_01_2020.pdf. so my question are:- Important-: 1- Please read notice before answering 2- Lot of website of big companies also running but i want all legal knowledge to start this business. Q.1- As in notice govt, mention that "The regulator has not authorised any entity to register its website with the domain name comprising the word 'FSSAI' or to use its name and logo, or represent FSSAI as such, it said" so my question is - in my domain name fssai is mentioned but my firm name is vinayak food consultant and as government said that they dont authorize but as per my knowledge if i mentioned in disclaimer that our domain name is not authorized and its just describing our work. can i use this domain( i Just want to use this domain as many others big firms also using this kind of domain and working fine) Q.2 As in Government Notice..Mention that "In the event that any one intends to avail the services of any such online websites for registration or licence as food business operator, it is advisable that background check of such third party should be carried out with regard to authenticity or reliability of its services, it added." So my question is - if i have this domain and i am running one consultancy firm on same domain and mentioned everything clearly in t&c and disclaimer and providing good service to client so government department has no objection on me that i am using fssai in name and providing consultancy service regarding fssai license.
Asked 4 years ago in Business Law
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12 Answers
1. You don't do the mistake what the bigger firms do in this regard.
They know how to escape in the event of trouble, whereas you will be trapped and may be liable to be prosecuted for this illegal act.
2. You have to obtain permission from the government agency to provide such service to the needy on the basis of consultancy, which they mean to say 'authentic'
You cannot use the domain name fssai licence India
mere disclaimer is not sufficient
you should use some other domain name offering consultancy services
If you're going to use proper terms and conditions and disclaimer on your website clear mentioning this is site is owned by vinayak food consultant and not by government for food consultation.
Government had display not to use fassi.gov.in naming whereas is you are going to use fssailicenseindia.org so it different name and not same at all.
- Food Safety and Standards Authority of India (FSSAI) is an autonomous body established under the Ministry of Health & Family Welfare, Government of India , and has been established under the Food Safety and Standards Act, 2006, which is a consolidating statute related to food safety and regulation in India.
- Hence , its name cannot be used by anyone under all the circumstance , and further its domain also cannot be used as well.
It is clearly mentioned in the notice that FSSAI cannot be used. So you can't.
You can't use the exact domain name as it results in confusion and misrepresentation. Govt may object the same
You don't register and provide license to the food operators. You help them in getting those permits from FSSAI. Therefore i don't think that there is any problem in operating your website.
In my view it will be permissible for you to use the domain name considering the clause reproduced by you in your second query
So on reading the 2 clauses as reproduced by you in your query, it seems that the domain name can be used for a website which provides consultancy service for registration of license
Coupled to the above, you can always give disclaimers and adequate disclosure in your website that you are only providing services for obtaining the license from the authority and the authority as such has not authorized any entity to do any liaising work to obtain such license, however there is no embargo against such entity to give services to procure the license
You have illegally used fssai name. It is patent with govt. And cannot be used by you. Neither without authorization, you can do such business.
Sooner or later, you may held for corrupt trade and illegal business.
Advisable to get authorisation to conduct such business under same domain name.
1. No you cannot use this domain name because notice clearly states that word FSSAI cannot be used.
2. It will be better for you if you take prior permission from department for using it's name in the domain name of your website.
FSSAI restricts any entity to register website with domain name comprising ‘FSSAI’ word or to use its name & logo.
