Roles & Responsibilities of FBOs (Food Business Operators) in India

Introduction

FBO stands for Food Business Operators. Any individual or entity concerned with any activity relating to food such as manufacturing, storing and importing is included under the definition of FBO Duties. This term also includes food businesses such as restaurants and cloud kitchens.

This concept was introduced by the Food Safety and Standards Act of 2006, which aims to regulate and standardise the food industry of India. Through this very act, FSSAI (Food Safety and Standards Authority) was established which is the apex body regulating the food safety and standards in India. All the FBOs are required to get themselves registered with the FSSAI in order to legally operate their food business in India. In this article, we will understand everything about the roles and responsibilities of FBOs operating in India.

Mandatory Registration Requirements

As discussed above all the FBOs operating in India are required to register themselves with the FSSAI. FSSAI registration is nothing but just a 14- 14-digit unique identification number issued to every FBO after the registration.

However, the FSSAI registrations are divided into three categories. FBOs are required to obtain the applicable registration by giving due consideration to their scale and operations. The categories of FSSAI registration are as follows:

1. Basic Registration: If your online food business has an annual turnover of up to Rs 12 Lakh, then you need to opt for this registration.

2. State Licence: If your business has an annual turnover of more than Rs. 12 Lakh and up to Rs 20 Crore, then you will be required to have a State Licence.

3. Central Registration: If your business has an annual turnover of more than Rs 20 Crore or if your business operates in Central Government agencies such as Railways, Airports etc. Then you require a Central Licence.

Document Requirements: Required documents depend on the category of licence, every category requires different documents. Therefore you need to first decide the category and then look up the required documents for that particular category.

Registration Process: The FSSAI registration and licensing process are completely online. You can visit the official FSSAI website to fill out the registration form and get your business FSSAI registered.

Roles and Responsibilities of FBOs

The very first responsibility of any FBO operating in India is to register themselves with the FSSAI. After the registration following roles and responsibilities need to be carried out by the registered FBOs:

• Compliance: All the FBOs should follow the set food standards and comply with all the provisions of the FSSA, 2006 and all the applicable rules and regulations.

• Employment Policy: All the FBOs should ensure no person suffering from any communicable, infectious or loathsome diseases should not be employed.

• Not Fit For Human Consumption: No FBO should store, sell, manufacture or distribute any food item which is not fit for human consumption or contains extraneous matter.

• Misbranded Food: No FBO should store, sell, manufacture or distribute any food item which is misbranded either by himself or someone else.

• Public Health: No FBO should store, sell, manufacture or distribute any food item which has been prohibited by the Government or FSSAI in the interest of public health.

• Guarantee to Vendor: No vendor should accept to sell the food items until and unless a written guarantee has been provided by the distributor or manufacturer in the applicable form about the nature and quality of the concerned food item.

• Other Special Measures: If any special circumstances arise, special measures may be taken by the FBO itself or the government agencies. Any action including calling back products sold or distributed in the market, destroying the food items, and issuing advisory may be taken.

Problems Faced By FBOs while Fulfilling Their Roles and Responsibilities

Rules and regulations aren’t adhered to if they are just made and their compliance is not ensured. Moreover, the regulation should be reasonable and comprehensive. It is often seen when the regulations are complex and ambiguous they aren’t complied effectively even if tried. 

Thankfully FSSAI regulations for FBOs are not very complex and are easy to comply with. However, there are still some difficulties which are faced by FBOs, which are as follows:

• High Cost: The cost of compliance is very high and small business operators might find it difficult to bear the extra burden of compliance.

• Unorganised Sector: The Indian food sector is highly unorganised so it becomes difficult to keep a check and ensure compliance.

• Awareness: The FSSA 2006 is also applicable to hawkers and roadside vendors. However, they are not aware of these regulations and hence don’t follow the prescribed guidelines and standards.

• No Strict Actions: Generally no strict actions are taken even if FBOs or unregistered food businesses don’t comply with the applicable regulations.

Government Training Initiative

To ensure the safety and health of the general public, FSSAI has taken the initiative to train FBOs through online mode. In this online program, they are taught various hygiene and safety measures. This initiative was taken during the pandemic period to ensure the non-stop supply of food items along with ensuring the health and safety of the citizens.