Chapter VII - Enforcement of the Act
Section 31
Section 31: licensing and registration of food business
Section 31 requires a food business to obtain a licence, while specified petty food operators use the registration route under the regulations. The category and continuing obligations must be checked against FSSAI's 2026 amendments and the food activity.
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Need advice on Section 31?
This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) No person shall commence or carry on any food business except under a licence.
(2) Nothing contained in sub-section (1) shall apply to a petty manufacturer who himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator; but they shall register themselves with such authority and in such manner as may be specified by regulations, without prejudice to the availability of safe and wholesome food for human consumption or affecting the interests of the consumers.
(3) Any person desirous to commence or carry on any food business shall make an application for grant of a licence to the Designated Officer in such manner containing such particulars and fees as may be specified by regulations.
(4) The Designated Officer on receipt of an application under sub-section (3), may either grant the licence or after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, refuse to grant a licence to any applicant, if he is satisfied that it is necessary so to do in the interest of public health and shall make available to the applicant a copy of the order: Provided that if a licence is not issued within two months from the date of making the application or his application is not rejected, the applicant may start his food business after expiry of the said period and in such a case, the Designated Officer shall not refuse to issue a licence but may, if he considers necessary, issue an improvement notice, under section 32 and follow procedures in that regard.
(5) Every licence shall be in such form and subject to such conditions as may be specified by regulations.
(6) A single licence may be issued by the Designated Officer for one or more articles of food and also for different establishments or premises in the same area.
(7) If the articles of food are manufactured, stored, sold or exhibited for sale at different premises situated in more than one area, separate applications shall be made and separate licence shall be issued in respect of such premises not falling within the same area.
(8) An appeal against the order of rejection for the grant of licence shall lie to the Commissioner of Food Safety.
(9) A licence unless suspended or cancelled earlier shall be in force for such period as may be specified by regulations: Provided that if an application for a renewal of licence is made before the expiry of the period of validity of the licence, the licence shall continue to be in force until orders are passed on the application. (10) The licence shall subsist for the benefit of the deceased’s personal representative or any other member of his family, until the expiry of— (a) the period of three months beginning with his death; or (b) such longer period as the Designated Officer may allow.
Introduction
The Act states the licence-versus-registration principle. The Licensing and Registration of Food Businesses Regulations and FSSAI's orders supply the category, application and ongoing conditions. A small food business is not simply exempt from food-safety oversight: section 31(2) generally requires registration, while the 2026 regulation deems certain operators already registered under the Street Vendors Act, 2014 to be registered under the FSS Act.
Two 2026 updates are especially important. FSSAI's 13 March order changed general turnover bands effective 1 April 2026, and the March Gazette replaced fixed-period renewal with continuing validity subject to annual fee, applicable return and other compliance duties.
Key takeaways
Licence is the general rule
Section 31(1) addresses carrying on a food business under a licence. Section 31(2) sends the specified petty or small operators to registration under the regulations.
Some street vendors are deemed registered
Under regulation 2.1.1(7), covered street vendors, hawkers, food trucks and carts registered under the Street Vendors Act, 2014 are deemed registered under the FSS Act. Schedule 4 hygiene requirements and any further FSSAI conditions still apply.
The 2026 turnover bands
As a general turnover guide, registration covers up to ₹1.5 crore; State licensing covers above ₹1.5 crore through ₹50 crore; Central licensing covers above ₹50 crore. The Food Authority may specify thresholds or eligibility criteria from time to time, so confirm the current category on FoSCoS.
No routine 1–5-year renewal
The amended regulation 2.1.7 says a granted registration or licence continues unless suspended, cancelled or surrendered. Annual fees and applicable returns still require attention.
Suspension stops operations
Under the amended regulation, a failure to pay the applicable annual fee or submit an applicable return can cause deemed suspension; food operations during suspension are not permitted.
Who registers and who needs a licence
Section 31(2) names petty manufacturers, petty retailers, hawkers, itinerant vendors, temporary stall holders and similar small food operations for registration. Other food businesses follow the licence route. Under the 2026 amendment to regulation 2.1.1(7), certain street vendors, hawkers, food trucks and carts registered under the Street Vendors Act, 2014 are deemed registered under the FSS Act; this does not remove Schedule 4 hygiene duties. The Food Authority may specify turnover thresholds or eligibility criteria from time to time, so confirm the category for each food operation on FoSCoS.
Turnover thresholds after 1 April 2026
FSSAI's order of 13 March 2026 sets registration at turnover up to ₹1.5 crore, a State licence above ₹1.5 crore and up to ₹50 crore, and a Central licence above ₹50 crore. The order states that it supersedes all earlier orders and regulations on turnover thresholds or criteria for categorising food businesses under the 2011 Regulations. Confirm the current category on FoSCoS before applying.
Continuing validity and annual duties
The March 2026 amendment regulations substituted regulation 2.1.7. A registration or licence remains valid unless suspended, cancelled or surrendered. The operator must keep up the applicable annual fee, applicable return and food-safety conditions. The amendment also requires notice and surrender within 30 days after business closure.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Identify every kind of food operation and premise before selecting a category.
- Use current FoSCoS eligibility and fee information; document why the registration, State or Central route was chosen.
- Check active status, annual fee and applicable return duties after grant.
- On closure, inform the authority and surrender the certificate/licence within the amended regulatory period.
Avoid
- Do not treat low turnover as a blanket exemption from registration.
- Do not rely on the superseded ₹12-lakh/₹20-crore bands or 1–5-year routine-renewal rule.
- Do not carry on food operations while the registration or licence is suspended.
Glossary
- FBO
- Food business operator: the person or entity responsible for the food business.
- Registration
- The regulatory route for specified petty and small food operators under section 31(2).
- Deemed suspension
- A suspension effect the amended regulation attaches to specified failures such as unpaid annual fees or overdue applicable returns.
Frequently asked questions
Does a cottage food business need no FSSAI filing?
No blanket exemption follows from its small size. Section 31(2) generally directs specified petty operators to registration under the applicable regulations.
Does a street food vendor always need separate FSSAI registration?
Not necessarily. Regulation 2.1.1(7) deems covered operators registered under the FSS Act if they are registered under the Street Vendors Act, 2014. Schedule 4 hygiene duties and any further FSSAI conditions still apply; other operators must use the applicable registration or licence route.
Must a licence be renewed every one to five years?
No routine renewal is required under the March 2026 amendment. Validity continues unless suspended, cancelled or surrendered, while annual fees and applicable returns remain important.
Is turnover the only way to choose State or Central licensing?
The 13 March 2026 order sets the categories by turnover and supersedes earlier turnover thresholds or criteria for categorisation. The Food Authority may specify thresholds or eligibility criteria from time to time, so check the current category on FoSCoS.
Need help applying this provision to your situation?
Contact BizeneedLast updated 11 October 2026