FSSAI's move this week to initiate three adjudication cases against Nestlé India — over label claims on infant nutrition products and a disputed biotin test — is a reminder that food regulation in India is enforced from the top down and the bottom up. The same Food Safety and Standards Act, 2006 and the Labelling and Display Regulations, 2020 govern a ₹100-crore brand and the cloud kitchen in your neighbourhood. Here is what a small food business must have in place.
Registration or licence?
| Annual turnover / scale | What you need | Fee (indicative) |
|---|---|---|
| Up to ₹12 lakh (petty manufacturers, hawkers, home kitchens, small retailers) | FSSAI Registration (14-digit number) | ₹100/year |
| ₹12 lakh – ₹20 crore, within one state | State Licence | ₹2,000–5,000/year by category |
| Above ₹20 crore, or multi-state, importers, e-commerce aggregators | Central Licence | ₹7,500/year |
Apply on FoSCoS (foscos.fssai.gov.in). Registration takes about 7 days; licences 30–60 days with an inspection. Cloud kitchens and home bakers selling on Swiggy/Zomato need at least registration — the platforms check.
Display the FSSAI number on your premises, on every label, on invoices/receipts and on your online listings. The GST invoice generator has a notes field for it.
The label: 11 mandatory elements
For any pre-packaged food (Labelling and Display Regulations, 2020):
- Name of the food (the standard or descriptive name, not just the brand)
- List of ingredients in descending order by weight, with additives by name/INS number
- Nutritional information per 100 g/ml and per serve — energy, protein, carbohydrate (of which sugars), fat (saturated, trans), sodium
- Veg/non-veg logo — green square with filled circle / brown square with triangle, in the specified size
- Allergen declaration — the eight groups (cereals with gluten, crustaceans, eggs, fish, peanuts, soybeans, milk, tree nuts) plus sulphites
- Name and address of the manufacturer/packer/brand owner
- FSSAI logo and licence/registration number
- Net quantity (Legal Metrology format)
- Lot/batch number
- Date of manufacture/packing and "Best before"/"Use by" date
- MRP inclusive of all taxes, and country of origin for imported food
Plus: instructions for use where needed, storage conditions, and — from the 2024–25 amendments — front-of-pack information on sugar, salt and fat is being phased in for packaged foods (check the current notification for your category).
Print compliant back-labels and price stickers with the price tag generator; add an EAN barcode from the barcode generator if you sell through retailers.
Claims: where brands get into trouble
The Nestlé case, like most FSSAI actions, is about claims — what the label says the product does. The Advertising and Claims Regulations, 2018 require:
- No health claims ("boosts immunity", "improves brain development") unless the claim is in the approved schedule or scientifically substantiated and approved by FSSAI.
- Nutrient content claims ("high protein", "low fat", "source of fibre") only if the product meets the defined thresholds.
- "Natural", "fresh", "pure", "traditional" have specific definitions; "natural" cannot be used on a product with additives.
- Infant food (under 24 months) is additionally governed by the IMS Act, which bans promotion outright.
- Comparative claims must be against a comparable product, with the basis stated.
If you can't prove it with a test report or a schedule entry, don't print it.
Hygiene and records
- Schedule 4 hygiene: pest control, potable water, staff medical certificates, temperature logs for cold chain.
- Keep supplier invoices and batch records — the ability to trace a batch back is what limits a recall.
- Annual return (Form D1) by 31 May for licence holders; registration holders are exempt.
- Display the "Food Safety Display Board" appropriate to your category.
Penalties
| Offence | Penalty |
|---|---|
| Operating without registration/licence | Up to ₹5 lakh and 6 months' imprisonment |
| Misleading label / claim | Up to ₹10 lakh |
| Substandard food | Up to ₹5 lakh |
| Unsafe food causing injury | ₹1 lakh to ₹10 lakh plus imprisonment |
Adjudication is by the district Adjudicating Officer; appeals go to the Food Safety Appellate Tribunal. Most first-time small-business cases end in a warning and a compliance notice — if you respond.
FAQ
Do I need FSSAI to sell homemade sweets on WhatsApp?
Yes — basic registration (₹100/year) if turnover is under ₹12 lakh. Platforms and many customers now ask for the number.
Do restaurants need nutrition labels?
Not on menus, but chains with 10+ outlets must display calorie information; all food businesses must display allergen information on request and the FSSAI number.
Is a GST registration the same as FSSAI?
No. GST is tax; FSSAI is food safety. Most food businesses need both above ₹20 lakh turnover, and FSSAI registration from day one.
How long is an FSSAI licence valid?
1 to 5 years, your choice at application; renew at least 30 days before expiry to avoid a late fee of ₹100/day.