FSSAI Renewal Delays & Penalties: What Food Businesses Should Know

An FSSAI licence or registration is an important requirement for food businesses operating in India. However, obtaining the certificate is not the end of the compliance process. Food Business Operators (FBOs) must also keep their FSSAI approval valid and complete renewal requirements on time.

A delayed renewal can result in penalties, additional costs and, depending on the situation, restrictions on continuing food business activities. Understanding the renewal timeline can help businesses avoid unnecessary compliance problems.

What Is FSSAI Renewal?

FSSAI renewal is the process of extending the validity of an existing food licence or registration through the Food Safety Compliance System (FoSCoS).

FSSAI's current FoSCoS system provides an online option to apply for renewal. The portal also advises food businesses to apply early rather than waiting until the expiry date. (FoSCoS)

When Should You Apply for Renewal?

Food businesses can apply for renewal well before their certificate expires. FSSAI has stated that the renewal window can open as early as 180 days before expiry.

Applying early gives you more time to check documents, correct information and deal with potential portal or application issues. (FSSAI)

Businesses should therefore avoid treating the expiry date as the renewal deadline.

What Happens If Renewal Is Delayed?

The consequences depend on how late the renewal application is submitted.

FSSAI currently allows renewal of an expired licence or registration within a limited post-expiry period subject to applicable penalties. The FoSCoS system states that renewal after expiry can be completed up to the 180th day, subject to the applicable conditions. (FoSCoS)

The applicable penalty structure should always be checked against the latest FSSAI rules and FoSCoS requirements before filing.

Is There Still a ₹100 Per Day Late Fee?

This is an important point because older FSSAI guidance mentioned a ₹100 per day late fee for applications submitted within the last 30 days before expiry.

However, FSSAI issued an order in 2023 stating that, from 12 January 2023, renewals became instant and the earlier ₹100-per-day late fee for filing during the final 30 days before expiry was no longer applicable. Penalties for renewing an already expired licence or registration continued. (FSSAI)

Therefore, businesses should not rely on outdated articles that automatically state that every late renewal attracts ₹100 per day.

Penalty After FSSAI Expiry

If an FSSAI licence or registration has already expired, additional penalties can apply depending on when the renewal application is submitted.

FSSAI's 2021 order provided for renewal during the first 90 days after expiry with a penalty equivalent to three times the applicable annual fee, and from the 91st to 180th day with a total penalty equivalent to five times the annual fee. Renewal was not permitted after the 180th day under that order. (FSSAI)

Because FSSAI regulations and procedures can be updated, businesses should verify the applicable amount on FoSCoS before making payment.

Can You Continue Business After Expiry?

Businesses should be particularly careful here. FSSAI's order states that an FBO should not conduct food business during the period between the original expiry date and issuance of the renewed licence. Conducting food business during this period may attract action under the applicable law. (FSSAI)

This makes timely renewal more than just an administrative task.

Annual Returns Can Also Matter

Certain licensed food manufacturers and importers have additional annual return obligations. FSSAI requires applicable annual returns through FoSCoS, and delayed annual returns can attract penalties. FSSAI has also stated that applicable annual return compliance can affect the renewal process. (FSSAI)

This means businesses should not focus only on the expiry date. Their broader FSSAI compliance record should also be reviewed.

How to Avoid Renewal Delays

A simple compliance system can help:

Step 1: Note the expiry date of your FSSAI certificate.

Step 2: Start the renewal process well in advance.

Step 3: Check your business details and documents.

Step 4: Review applicable annual return requirements.

Step 5: Submit the renewal application through FoSCoS.

Step 6: Track the application and download the renewed certificate.

Businesses can also maintain reminders several months before expiry instead of waiting for the final weeks.

Need Help With FSSAI Renewal?

FSSAI renewal requirements can vary according to the type and activities of the food business. Professional assistance can help businesses understand the applicable process, documents and compliance requirements.

Embark Corpserv provides FSSAI registration and renewal services in Coimbatore for food businesses that need support with licensing and regulatory compliance.

You can also contact FSSAI compliance experts in Coimbatore to review your renewal requirements and avoid unnecessary delays.