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APPLY FOR FSSAI ANNUAL RETURN FILING

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Instruction to Fill Annual Return filing Form

An Overview of Returns Under FSSAI

Food Safety & Standards (FSS) Act, 2006, was introduced by Government of India with the objective to regulate the food industry. The FSS Act, 2006, contains laws that regulates sale, manufacturing, storage, distribution (within the country )and import & export of food items (to & from) the country.

It s very important for the Food Department to make sure that all the required instructions are followed & compliances are duly fulfilled by the food business operator. FSS Act has made it compulsorily for any person obtain the FSSAI License before starting a Food Business. Person doing Food Business has been termed as FOOD BUSINESS OPERATOR, under the FSS Act, 2006.

When any FBO registers under FSS ACT, he is granted a Registration / Licence. While applying for licence, FBO submits various details about his food business which helps Food Department analyse FBO. FSS Act, 2006 also lays down rules for submission of Returns by the FBO. While the FSSAI Registration ensures that the food consumed is safe & healthy for human consumption. The Food Business Operators must comply with the FSSAI compliances and file the FSSAI Returns. Failure to comply with requirements of Returns results in heavy penalties. And failure to pay penalties will restrict FBO to Renew its Licence.

Different Types of FSSAI Annual Return

1. Annual Return

  • Form: Form D1
  • Due Date: 31st May of every financial year.
  • Who Should File: Every FBO involved in the manufacturing, importing, labeling, re-labeling, packing, and re-packing of food products.
  • Details Required: Quantity of food products manufactured or handled, the sale and distribution details, and details of the countries to which they are exported (if applicable).

2. Half-Yearly Return

  • Form: Form D2
  • Due Date: 31st October and 30th April of every financial year.
  • Who Should File: FBOs involved in the manufacturing or importing of milk and milk products.
  • Details Required: The quantity of milk and milk products manufactured, imported, exported, and distributed.

Additional Points

  • Penalties for Non-Compliance: FBOs failing to file the required returns on time can face penalties and other enforcement actions.
  • Electronic Filing: FSSAI has an online portal where FBOs can file their returns electronically.
  • Documentation: Proper documentation and records must be maintained to support the information provided in the returns.

Steps to File Returns

  1. Register/Login: Access the FSSAI Food Safety Compliance System (FoSCoS) portal.
  2. Navigate to Returns Section: Find the section for filing returns.
  3. Select Appropriate Form: Choose the form based on the type of return (D1 or D2).
  4. Fill in Details: Provide accurate details about the food products and business activities.
  5. Submit: Review and submit the form.

Key Tips

  • Timely Filing: Ensure returns are filed before the due dates to avoid penalties.
  • Accurate Information: Provide precise and accurate information to avoid discrepancies.

Regular Updates: Keep track of any updates or changes in FSSAI regulations regarding returns.

Benefits of Complying with FSSAI Annual Return

Complying with the FSSAI annual return requirements offers several benefits for food business operators (FBOs). These benefits range from legal and regulatory advantages to business growth and consumer trust. Here are the key benefits:

1. Legal and Regulatory Compliance

  • Avoid Penalties: Timely and accurate filing of annual returns helps avoid penalties, fines, and legal actions.
  • Smooth Renewal Process: Compliance with return filing requirements facilitates the smooth renewal of FSSAI licenses and registrations.
  • Legal Protection: Being compliant with FSSAI regulations provides legal protection and reduces the risk of business interruptions due to non-compliance issues.

2. Business Credibility and Trust

  • Enhanced Reputation: Compliance with FSSAI norms enhances the credibility and reputation of the business among consumers, suppliers, and stakeholders.
  • Consumer Trust: Demonstrates a commitment to food safety and quality, thereby building trust among consumers.
  • Market Advantage: FBOs that consistently comply with FSSAI regulations are more likely to be preferred by consumers and business partners.

3. Operational Efficiency

  • Better Record-Keeping:Regular filing of returns encourages better record-keeping and documentation, which can streamline business operations and audits.
  • Data Analysis: Annual returns provide valuable data that can be analyzed to improve business operations, supply chain management, and market strategies

4. Financial Benefits

  1. Cost Savings: Avoidance of penalties and legal fees due to non-compliance translates into cost savings.
  2. Access to Financial Services: Compliance with FSSAI regulations can enhance the likelihood of obtaining loans, insurance, and other financial services, as it reflects a well-managed and credible business.

5. Competitive Advantage

  • Regulatory Advantage: Compliant businesses can leverage their adherence to FSSAI regulations as a competitive advantage in marketing and promotions.
  • Market Access: Compliance with FSSAI regulations is often a prerequisite for accessing certain markets, especially for export-oriented businesses.

6. Support from Authorities

  • Positive Relationship with Regulators: Consistent compliance fosters a positive relationship with regulatory authorities, which can be beneficial during inspections and audits.
  • Support and Guidance: Compliant FBOs are more likely to receive support and guidance from FSSAI and other regulatory bodies.

7. Contribution to Public Health

  • Ensuring Food Safety: By complying with FSSAI regulations, businesses contribute to ensuring food safety and public health, which is a fundamental responsibility of every food business operator.
  • Consumer Satisfaction: Providing safe and high-quality food products leads to higher consumer satisfaction and loyalty.

Who can File the FSSAI Annual Return?

Filing the FSSAI annual return is mandatory for specific categories of food business operators (FBOs). The responsibility to file these returns typically falls on businesses involved in certain activities related to food manufacturing, processing, importing, and exporting. Here’s a detailed look at who can and must file the FSSAI annual return:

Categories of FBOs Required to File FSSAI Annual Return

1. Manufacturers

  • Businesses involved in the manufacturing of food products, including Small-scale, medium-scale, and large-scale manufacturers.
  • This includes manufacturers of packaged food, processed food, and food additives.

2. Processors

  • FBOs engaged in the processing of food items, such as milling, refining, canning, freezing, and other forms of food processing.

3. Importers

  • Entities that import food products into India for distribution or sale within the country.
  • Importers of raw materials or finished food products used in further manufacturing or processing.

4. Exporters

  • Businesses that export food products from India to other countries.
  • This includes exporters of finished food products as well as processed food items.

5. Food Labelers and Re-labelers

  • Businesses involved in labeling and re-labeling food products before they are sold in the market.
  • This includes changing labels for compliance with local regulations or marketing requirements.

6. Food Packers and Re-packers

  • Entities involved in packing and re-packing food products for distribution and sale.
  • This also includes businesses that repack bulk food items into consumer-sized packages.

Specific Requirements

  • Form D1: All FBOs involved in manufacturing, importing, labeling, relabeling, packing, and re-packing food products must file an annual return in Form D1 by the 31st of May every year.
  • Form D2: FBOs involved in the manufacturing or importing of milk and milk products must file a half-yearly return in Form D2 by the 31st of October and 30th of April every year.

Exemptions

  • Small-scale and Petty FBOs:Certain small-scale and petty food business operators, such as small retailers, hawkers, itinerant vendors, temporary stallholders, and small-scale or cottage industries relating to food, may be exempt from filing annual returns depending on specific state regulations and the scale of their operations.

Authorized Persons to File

  • Owners or Proprietors: The primary responsibility to file the returns lies with the owner or proprietor of the food business.
  • Authorized Representatives: Owners can authorize a representative, such as a senior employee or a compliance officer, to file the returns on their behalf.

Consultants or Compliance Firms: FBOs may also engage professional consultants or compliance firms specializing in FSSAI regulations to ensure accurate and timely filing of returns.

Necessary Details required in FSSAI Returns (Annual / Half Yearly)

Filing FSSAI returns, whether annual or half-yearly, requires specific details about the food business operations. Accurate and comprehensive information must be provided to comply with FSSAI regulations. Below are the necessary details required for both types of returns:

Annual Return (Form D1)

  • Due Date: 31st May of every financial year
  • Who Should File: All FBOs involved in manufacturing, importing, labeling, relabeling, packing, and re-packing of food products.
  • Details Required:
    1. Basic Information:
      • FSSAI License/Registration Number
      • Name and Address of the FBO
      • Contact Details (Phone Number, Email Address)
    2. Product Details:
      • List of food products manufactured or handled
      • Quantity of each product (in metric tonnes or liters) manufactured, sold, or distributed
    3. Manufacturing Information:
      • Manufacturing site address
      • Production capacity (per day/month/year)
      • Quantity of raw materials used
      • Details of processing methods and technology used
    4. Import and Export Details:
      • Quantity of food products imported and exported
      • Country of origin for imports
      • Destination country for exports
    5. Sales and Distribution Details:
      • Quantity of food products sold within India
      • Sales turnover
      • Distribution network details
    6. Packaging and Labeling Information:
      • Types of packaging materials used
      • Compliance with labeling regulations
    7. Safety and Quality Assurance:
      • Details of quality control measures and safety standards followed
      • Any incidents of food safety violations and corrective actions taken

Half-Yearly Return (Form D2)

  • Due Dates: 31st October and 30th April of every financial year
  • Who Should File: FBOs involved in manufacturing or importing milk and milk products.
  • Details Required:
    1. Basic Information:
      • FSSAI License/Registration Number
      • Name and Address of the FBO
      • Contact Details (Phone Number, Email Address)
    2. Product Details:
      • List of milk and milk products manufactured or handled
      • Quantity of each product (in metric tonnes or liters) manufactured, sold, or distributed
    3. Manufacturing Information:
      • Manufacturing site address
      • Production capacity (per day/month/year)
      • Quantity of raw milk and other ingredients used
      • Details of processing methods and technology used
    4. Import and Export Details:
      • Quantity of milk and milk products imported and exported
      • Country of origin for imports
      • Destination country for exports
    5. Sales and Distribution Details:
      • Quantity of milk and milk products sold within India
      • Sales turnover
      • Distribution network details
    6. Packaging and Labeling Information:
      • Types of packaging materials used
      • Compliance with labeling regulations
    7. Safety and Quality Assurance:
      • Details of quality control measures and safety standards followed
      • Any incidents of food safety violations and corrective actions taken

Additional Points

  • Electronic Filing: FSSAI provides an online portal (Food Safety Compliance System) for the electronic filing of returns.
  • Documentation: Ensure all supporting documents, such as purchase records, sales invoices, import/export documentation, and quality test reports, are maintained and available for verification.
  • Accuracy: All information provided must be accurate and up-to-date to avoid discrepancies and potential penalties.

Exemption from filing FSSAI Return

Exempting certain entities from filing the FSSAI Annual Return, which is as follows:

  1. Canteens;
  2. Restaurants;
  3. Fast-food joints;
  4. Grocery stores.

Penalty for Late filing of FSSAI Annual Return

According to Section 2.1.13 (3) of FSS (Licensing and Registration) Regulations, 2011, if the Food Business Operators do not file the FSSAI Annual/Half-Yearly Return within the prescribed time frame, a fine of Rs. 100/day will be imposed on non-complying FBOs. This penalty of Rs. 100/day will be levied for the number of days the return was delayed.

Additional Regulations under the FSSAI Act

  • FSSAI rules state factory's sanitary and hygiene and also keep a record of worker's hygiene.
  • Keep up day-by-day records of creation, crude materials, use, and sales independently.
  • Guarantee that the source and norms of raw material utilized are of ideal quality.
  • Not to produce, store or expose for sale any article of food in any premises that is close by or part of any privy, urinal, sullage, channel, or spot of the capacity of waste issue.
  • Daily, clean the machines and other equipment.
  • Guarantee testing of pertinent synthetic as well as microbiological contaminants in food items, at any rate, once in a half year.
  • Guarantees that the temperature is exact all through the store network from the spot of obtainment or sourcing until it arrives at the end buyer.

How does foodlicenceapply.com Support its Client in filing FSSAI Annual Return?

Filing FSSAI annual return is a tedious and cumbersome process and every Food business operator holding FSSAI Licence must file FSSAI Annual Return, unless exempted under the FSS Act. All these FBOs are required to file FSSAI ANNUAL RETURN in Form D1 who indulge in manufacturing, whereas the FBOs dealing with the production, distribution of milk and milk products are required to file FSSAI Half Yearly Return in Form D2.

foodlicenceapply.com recommends that properly filing up the form is very important. Errors can prove to be costly. It is always advisable to take assistance of professionals while filing up the Annual / Half Yearly Returns.