Whereas the draft of certain
regulations to amend the Food Safety and Standards (Licensing and Registration
of Food Businesses) Regulations, 2011, were published as required under clause
(o) of sub-section (2) of Section 92 read with section 31 of the Food Safety
and Standards Act, 2006 (34 of 2006), vide notification of the Food Safety and
Standards Authority of India Number F. No. 2-15015/30/2012, dated the 12th
August, 2013 in the Gazette of India, Extraordinary, inviting objections and
suggestions from the persons likely to be affected thereby, before the expiry
of the period of thirty days from the date on which the copies of the Official
Gazette containing the said notification were made available to the public; And whereas the copies of the
said Gazette were made available to the public on the 12th August, 2013; And whereas the objections and
suggestions received from the public in respect of the said draft regulations
have been considered by the Central Government; Now, therefore, in exercise of
the powers conferred by clause (o) of sub-section (2) of Section 92 read with
section 31 of the said Act, the Food Safety and Standards Authority of India
hereby makes the following regulations to amend the Food Safety and Standards
(Licensing and Registration of Food Businesses) Regulations, 2011, namely:- (1) These
regulations may be called the Food Safety and Standards (Licensing and
Registration of Food Businesses) Amendment Regulations, 2014. (2) They
shall come into force on the date of their publication in the Official Gazette. In the Food Safety and Standards
(Licensing and Registration of Food Businesses) Regulations, 2011, in
regulation 2.1, relating to registration and licensing of food business, (A) in
sub-regulation 2.1.2 relating to license for food business, in clause (1), in
the first proviso,- (i) after the
words "license/ registration under these regulations", the words
"within thirty six months from the date of commencement of these
regulations" shall be inserted; (ii) the words
", within one year of notification of these Regulations" shall be
omitted; (iii) in the
second proviso, for the words, "one year from the date of
notification", the words "thirty six months from the date of
commencement of these regulations" shall be substituted. (iv) after the
second proviso, the following proviso shall be inserted, namely: "Provided also that in case
of difficulty, the licensing/registration authority with the approval of the
Food Safety Commissioner in the State will determine the advisability of
applying any specific condition keeping in view the need to ensure safety of
food and public interest. Non-compliance with above provisions by a food
business operator shall attract penalty as provided under section 55 of the
Act." (B) in
sub-regulation 2.1.7, relating to validity and renewal of registration and
license, (i) after
clause (4), the following proviso shall be inserted, namely:- "Provided that in case of
registration, late fee of Rs. 100 per day for each day of delay shall not be
applicable." (C) in
sub-regulation 2.1.13, relating to return, (i) in clause
(1), for the word "licensee", the words "manufacturer and
importer who has been issued a license" shall be substituted; (D) in
Schedule 2, in Form D-1, relating to Annual Return, (i) in serial
number 2, for the words Re-packing/Re-Labeling" the words
"importer" shall be substituted; (ii) in serial
number 4, (a) the words
"handled/" and "and exported" shall be omitted (b) in the
Table, in the heading, (A) relating
to column (1), the words "handled/" and "exported" shall be
omitted; (B) relating
to column (6), the words "exported/" shall be omitted; (C) relating
to column (7), the words "or port of Export" shall be omitted. FOOD SAFETY AND STANDARDS
(LICENSING AND REGISTRATION OF FOOD BUSINESSES) AMENDMENT REGULATIONS, 2014
PREAMBLE