Through its order dated 15 December 2020 the FSSAI has stated that a provision for making online request by FBO in FoSCoS for reinstating rejected applications for FSSAI Licenses and Registrations has been developed.
The Food Safety Compliance System (FoSCoS) has been launched pan India with effect from 1 November 2020. Till now, there was no provision for FBOs to make online request against rejections and reinstatement of application for licenses or registrations. Request for rejected applications could only be made by FBOs in the physical form to the concerned Authorities, which thereafter were forwarded to FSSAI HQs through proper channel for reactivation of applications. An SOP in this regard had also been issued by FSSAI vide communication number 11(9)2020/Misc./Representations/RCD/FSSAI dated 7 July 2020.
The FSSAI through this order has informed FBOs that a functionality has now been developed in FoSCoS for FBOs to file an online request against rejection and reinstatement of licenses and registrations. As per the said Regulations, requests for rejected applications for Registration Certificates are routed to the concerned Designated Officer while requests for rejected license applications are routed to Commissioner Food Safety of the State for consideration and for taking necessary action. Requests for rejected Central License applications are routed to CEO, FSSAI for consideration. Acceptance of request by the concerned Authority will reactivate the application.
- The present functionality only has the facility for reactivation of rejected application.
- It does not have the facility to process the request, raise queries or consider technical grounds of request (if any) and is not a process of appeal.
Further, FSSAI states that keeping in view the COVID-19 pandemic phase in the country and the migration phase from FLRS to FoSCoS, it has been decided to have a 6-month time period for making an online request on rejected application by an FBO to provide ease of doing business to food industry during the existing situations of COVID-19 pandemic and migration of FSSAI’s licensing and regulation system. This time period shall be progressively reduced in future to a 15 days window as per Section 32 (5) of Food Safety and Standards Act, 2006.
The Annexure-1 of above-mentioned SOP dated 7 July 2020 (for reactivation of rejected applications for licenses and registrations) has been omitted by the FSSAI.
The Annexure-1 of the Standard Operating Procedure (SOP) for reactivation of rejected application which has been OMMITTED by FSSAI with effect from 15 December 2020 is as under
Standard Operating Procedure for reactivation of rejected application
1. Cases of rejection/cancellation of applications for License/Registration to be considered:
- Applications rejected automatically by system due to non-furnishing of information/documents by FBO within stipulated time of 30 days
- Application rejected by DO in case of non-receipt of requisite documents/information as per FSS Regulation from the FBO for repetitive queries.
- Applications rejected by FBO inadvertently while processing the applications
- Applications rejected due to technical glitch while processing the applications either by DO or FBO
2. Central License: FBOs shall apply to concerned Regional Office (RO) of FFSSAI for reactivation of license application within 6 months from the date of rejection of application
- Director RO shall examine the request on the basis of merits of the case and send his/her recommendation to FSSAI HQ (RCD) at enforcement1@fssai.gov.in within 30 days of receipt of such request from the FBO
- On receipt of recommendation from the RO, RCD shall examine the case.
- The competent authority to decide such case shall be Executive Director, RCD
- The approval of the case shall be referred to by RCD to IT division and IT division shall re-activate the application.
- In exceptional and urgent cases, FBO may approach FSSAI HQ directly. These cases will be decided on the merit of the case with approval of CEO
3. State License/Registration: All FBOs shall apply with concerned State Food Safety Commissioner within 6 months from the date of rejection of application for License/Registration.
- Commissioner Food Safety of the State, in case of State License or DO in case of Registration shall examine the request on the basis of merit of the case and send his/her recommendation to the RC Division at enforcement1@fssai.gov.in within 30 days from the receipt of such request from the FBOs
- Recommendation of the Commissioner for license/DO for registration will send to the IT Division for reactivation of the application.
- On receipt of such request from RCD, IT Division shall re-activate the application and communicate the CFS/DO under intimation to RCD.
