The e-commerce food industry is growing quickly with online food and restaurant services. However, this sector is mostly unregulated. To regulate this, the Food Safety and Standards Authority of India (FSSAI) is starting to regulate businesses that sell food online. FSSAI has created a new category called “E-Commerce” in the Food Safety and Standards Regulations for licensing and registering food businesses. These new rules focus on the licensing and registration process for e-commerce food businesses and outline their roles and responsibilities in ensuring food safety. According to these regulations, an E-commerce Food Business Operator (FBO) is any food business that buys or sells food online.
An E-commerce Food Business Operator (FBO) is any organization or company that buys or sells food products online through digital or electronic networks. This includes online grocery stores, food delivery services, and meal kit providers that operate over the internet.
E-commerce FBOs include:
- Sellers
- Brand owners
- Manufacturers
- Restaurants
- Processors
- Packagers
- Catering services
- Storage and distributors
- Transportation services
- Vendors
- Importers
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E-commerce FBOs must comply with all food safety regulations and standards set by relevant authorities and must display their License/Registration obtained under the FSS Act and Regulations. They must also show the FBO’s hygiene rating as determined by the FSSAI.
- Compliance Agreement
E-commerce FBOs are required to sign an agreement with sellers, brand owners, and manufacturers, ensuring that these parties comply with the FSS Act, Rules, and Regulations.
- Accurate Information
They must provide clear and accurate information about the food products, including ingredients, nutritional information, and allergen warnings. There should be no misleading information, false claims, or misleading images of food products shown on the e-commerce platform.
- Delisting Non-compliant Products
E-commerce FBOs must immediately delist any food products from their platform that are non-compliant with the FSS Act, Rules, or Regulations.
- Listing and Ratings
E-commerce FBOs providing listings or directories of FBOs/food products on their site must list the ratings/rankings of FBOs, whether voluntary or mandatory, as specified by the Food Authority.
- Consumer Protection:
Ensure that food products are stored, handled, and transported in a manner that prevents contamination and ensures freshness.
- Reporting:
Regularly report to regulatory authorities about their food safety practices and any issues that may arise.
- Registration and Licensing:
E-commerce FBOs must obtain the necessary licences and registrations from the appropriate food safety authority.
- Quality Control:
Implement stringent quality control measures to ensure the safety and quality of food products.
- Supplier Verification:
Ensure that all suppliers and manufacturers meet the required food safety standards and maintain detailed records of food products, including sourcing, storage, and distribution information.
- Recall Procedures:
Establish and implement effective product recall procedures in cases of safety issues.
- Handling Complaints:
Any complaints related to product efficacy, quality, or other issues must be immediately communicated to the sellers, brand owners, importers, or manufacturing companies for swift resolution.
- Product Information:
Information about food products, as per the FSS Act, Rules, and Regulations, must be provided to consumers without any supplementary costs. In the case of selling pre-packaged food, a legible and clear picture must be displayed on the principal display panel.
- Delivery Personnel and Food Safety:
Provide regular training to employees on food safety practices and regulations and must ensure that last-mile delivery is done by trained personnel and the safety of food products must not be compromised during delivery.
- Shelf Life of Delivered Food:
Only fresh food items should be delivered to consumers. Food delivered to consumers must have a shelf life of at least 30 percent or 45 days before expiry at the time of delivery.
- Hygiene and Sanitary Practices:
E-commerce FBOs must follow the basic hygiene and sanitary practices outlined in Schedule IV of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
- Application Process: Submit a detailed application outlining the business operations, food safety practices, and other relevant information.
- Inspection: Undergo periodic inspections by food safety authorities to verify compliance with regulations.
- Fees: Pay any applicable licensing and registration fees.
- Renewal: Renew licenses and registrations as required, typically on an annual basis.
- Adherence to Regulations: Follow all relevant local, national, and international food safety regulations and standards.
- Transparency with Authorities: Provide full access to records and facilities for inspection by regulatory authorities.
E-commerce FBOs are really important for making sure that the food you buy online is safe and of good quality. They have certain jobs, duties, and rules to follow to keep the food safe and make sure it’s up to standards. This ensures a reliable and safe food supply chain within the e-commerce sector.
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This document is intended for informational purposes and provides a general overview of the Food Safety and Standards (Licensing and Registration of Food Businesses), Regulations 2011. It should not be construed as legal advice. Entities and individuals must consult legal experts to ensure compliance with the specific legal requirements and interpretations of the Act.
Prepared by
Mr. Smruti Ranjan Sahoo
(B. Com., LL.B)
