1) You have to contact lawyer whose opinion you want on the issue

2) state detailed facts of your case and obtain legal opinion on payment of legal fees

Duly completed and signed (In Duplicate) by the Proprietor/Partner or the Authorized Signatory

Blueprint/layout plan of the processing unit showing the dimensions in metres/square metres and operation-wise area allocation (mandatory for manufacturing and processing units only)

List of Directors/Partners/Proprietor/Executive Members of Society/Trust with full address and contact details (mandatory for companies only)

Name and List of Equipments and Machinery along with the number, installed capacity and horse power used (mandatory for manufacturing and processing units only)

Photo I.D and address proof issued by Government authority of Proprietor/Partner/Director(s)/Authorised Signatory

List of food category desired to be manufactured. (In case of manufacturers)

Authority letter with name and address of responsible person nominated by the manufacturer along with alternative responsible person indicating the powers vested with them viz assisting the officers in inspections, collection of samples, packing & dispatch. (for manufacturers / processors)

Analysis report (Chemical & Bacteriological) of water to be used as ingredient in food from a recognized/ public health laboratory to confirm the portability (mandatory only for manufacturing and processing units only)

Proof of possession of premises. (Sale deed/ Rent agreement/ Electricity bill, etc.) (optional)

Partnership Deed/Affidavit of Proprietorship/Memorandum & Articles of Association towards the constitution of the firm

Copy of certificate obtained under Coop Act - 1861/Multi State Coop Act - 2002 in case of Cooperatives

NOC from manufacturer (mandatory for relabellers and repackers only)

Food Safety Management System plan or certificate (if any)

Source of milk or procurement plan for milk including location of milk collection centres etc. in case of Milk and Milk Products processing units.(wherever applicable)

Source of raw material for meat and meat processing plants. (wherever applicable)

Pesticide residues report of water in case of units manufacturing packaged drinking water, packaged Mineral water and/or carbonated water from a recognised/ public health laboratory

Recall plan wherever applicable, with details on whom the product is distributed

NOCs from Municipality or local body

Furnish some details about your business and query which you want to ask

1) You should not commence business without licence

2) mere making application for licence does not imply that yiu can carry on business as FBO contractor

3) always play safe

It is settled law that if a person initiate legal proceeding with bonafide intention with the view that he is about to get license is no offence or breach but he is liable to pay fine. License is necessary for running FBO because legislature applies strict liability rule and license is sine quo non.

The two clauses, which seem to be conflicting, have to be reconciled. The harmonious interpretation will be that if the FBO has applied for license within the time period he should be able to commence the business.

Food Business Operator

The Food Safety and Standards Act, 2006 has come into force with effect from 05th August, 2011. It defines a food business operator as a person engaged in the business of food manufacture, processing, packaging, transportation, distribution, storage and import, etc. and includes food services, catering services and sale of food ingredients. All Food Business Operators (FBO) in the country have to be registered or licensed in accordance with the cutoff limits laid down in the Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011. As per Section 31(2), licensing requirement are not applicable to petty manufacturer or a petty retailer or itinerant vendor or a temporary stall holder or tiny food business operator, subject to registration as prescribed by the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 (the “Regulations”), and without prejudice to the availability of safe and wholesome food for human consumption or affecting the interests of the consumers.If not Petty Food Manufacturer, license has to be obtained by making an application before the Designated Officers appointed under Section 36(1) of the Act by the Food Safety Commissioner. The Act makes the person owning or carrying on the food business directly responsible for ensuring compliances under the Act and rules and regulations made thereunder.

Liability under the Act may be as provided in Sections 27 (2) & (3) of the Act.

The answer to your question can be seen from the provisions of the act under section 31 (4) gi ven below:

4. The Designated Officer on receipt of an application under sub-section (3), may either grant the licence or after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, refuse to grant a licence to any applicant, if he is satisfied that it is necessary so to do in the interest of public health and shall make available to the applicant a copy of the order: Provided that if a licence is not issued within two months from the date of making the application or his application is not rejected, the applicant may start his food business after expiry of the said period and in such a case, the Designated Officer shall not refuse to issue a licence but may, if he considers necessary, issue an improvement notice, under section 32 and follow procedures in that regard.