I am not a Manufacturer, but only a Marketer of some food items. Does FSSAI apply on me?

As per FSSAI norms, all entities dealing in edible food and dairy products have to obtain a license for running their food business legally. While a food product manufacturing license can easily be obtained from the official website of FSSAI, there are still some brand issues which make entrepreneurs confused of applicability of FSSAI regulations on their business. Like if a marketer trades off a food product which is manufactured by some other business unit already having an FSSAI license imprinted on it in his own name whether brings out a requirement of a separate FSSAI license of marketer or not ?. This puts him in a confusion to apply for separate FSSAI license or make use of the license of the original manufacturer.

While in such cases it is clearly defined by FSSAI authority , that both the manufacturer and the marketer of the product has to put their respective FSSAI license number on the package of the product. As a brand owner, one shall be distinctly marked by putting the license number under the head of “Marketed by” and the original manufacturer under head of “Manufactured by”. It has also been mandated under FSSAI norms to publish all individual license numbers on the package if manufactured by more than one manufacturer.

For example : Consider the situation of a food manufacturer, on whom the license norms are applicable for immaterial packing of product for food getting spoiled even in cared packing , if the consumer health gets affected etc. While the marketer could be held responsible for defects in shipping, transportation, storage and stocking which may also affect the quality of product. Thus, in any case the ultimate responsibility of norms lies on the both the manufacturer and the marketer and the contracts they have signed in respect of their license.

Also, as per labelling and packaging guidelines of FSSAI, if the product owner opts for two licenses in name of ;

  1. Manufactured by and Marketed by ( different companies)
  2. Manufactured and Marketed by (Same company)
  3. Imported and Marketed by (the importing company)

Then the following details are also to be furnished to judge the applicability of defect in terms of quality or storage of product as:

  • Name of the manufacturing company
  • Registered office Address of Company
  • Contact Details and Helpline
  • Type of Central or State license obtained
  • Expiry Date of Package
  • Manufacturing and Batch Number
  • Nutritional Value
  • Other certifications obtained like ISO, BIS,AGMARK etc.

Applicability of FSSAI License

– In case any food product is manufactured, traded, distributed or marketed

– If the entity lies in eligibility criteria of FSSAI Norms.

– If the product so manufactured or marketed has a direct or indirect affect on the health of people.

– If the final product so produced is made only for final consumption by consumer.

-If the product so produced is exported to other countries.

Thus to sum up everything in short , it can be said – the ultimate liability of the damage made by the product physically or on the health of the consumer directly or indirectly lies on completely on the particular channel from whom the product is made available including the manufacturer, distributor, supplier and the marketer. It is the responsibility of the complete chain of food system to ensure regular quality checks and control over contamination. It is only the FSSAI norms which certainly creates a quality assurance in the minds of the consumer about the product and thus improves its brand value.

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