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Legal Compliances For Food Tech Startups

Team Lawyered
Team Lawyered
  • May 9, 2019
  • 20 min to read
Legal Compliances For Food Tech Startups Lawyered

Author - Runa Jasia

Food technology or Food Tech is a branch of food science that deals with the production processes that make foods. Nowadays the food production chain is long and complicated, and meals and food technologies are diverse. Consequently, consumers are uncertain about the determinants of food quality and safety and find it difficult to understand them. Now, acceptance of food products very often depends on perceived benefits and risks associated with the food. Popular views of food processing technologies matter. Especially innovative food processing technologies often are perceived as risky by consumers. 

Legal compliance is the process or procedure to ensure that an organization follows relevant laws, regulations and business rules. There are two requirements for an enterprise to be compliant with the law, first, its policies need to be consistent with the law.

Startup:

A newly formed organization or business by an individual or a group of people having a common goal can be called as a Startup. List of few Food Tech companies of India are:

  • Amul (Establishment Year: 1946)
  • Nestle India (Establishment Year: 1866)
  • Cadbury India Limited (Establishment Year: 1824)

"Food Safety and Standards Authority of India (FSSAI) is an autonomous body established under the Ministry of Health & Family Welfare, Government of India. It was formed in the year 2011. The FSSAI has been established under the Food Safety and Standards Act, 2006 which is a consolidating statute related to food safety and regulation in India. FSSAI is responsible for protecting and promoting public health through the regulation and supervision of food safety."

There are various licenses which are mandatory for Food Tech Startups in India as these must be followed in order to run long-term smoothly.

Prevention of Food Adulteration Act, 1954

This law is applicable to all of India except Jammu and Kashmir. It was established on 29th September 1954. Under this Act it is prohibited to manufacture or sell:

Adulterant food: "adulterant" means any material which is or could be employed for the purposes of adulteration.  An article of food shall be deemed to be adulterated if:

  • If the article is injurious to health or has become contaminated. 
  • If any inferior or cheaper substance has been substituted. Etc.
  • Misbranded Food: an article of food shall be deemed to be misbranded
  • If it is falsely stated to be the product of any place or country;
  • If it is sold by a name which belongs to another article of food. 

3. No person shall import into India—

(i) Any adulterated food;

(ii) Any misbranded food;

(iii) Any article of food for the import of which a licence is prescribed, except in accordance with the conditions of the license.

(iv)Any article of food in contravention of any other provision of this Act or of any rule made thereunder.

There are many more things to catch up under this Act.

2.Food license

If anyone wants to establish a Food Tech in India, then they have to apply for food license which is provided by FSSAI (food safety and standard authority of India). Anybody can apply for this license online from the official website of FSSAI. It was founded in the year 2011. Documents may be needed for the food license registration is:

• PAN card & Aadhar card

• Passport size photos & addresses proof

• NOC agreement Etc.

The state FSSAI license is provided to a Food Tech, hotels Etc. and the central FSSAI license is provided to Slaughtering Units, Proprietary Foods Etc. The type of documents required for the state FSSAI License is a list of food items that will be manufactured in the company, NOC, contact details of all the important members as well as the business owner, Location of the company, Food safety certificate, Partnership affidavit of Proprietorship. Etc. The validity of this license may stay for 1-5 years and can be easily renewed. But if any serious matter is suspected regarding the quality of food such as food poisoning, finding stone in the food etc. than the license can be suspended or taken away from the owner. Apart from this, if any violation happens regarding the rules of FSSAI, then also the license will be taken away.

3.  NOC 

Non-Objection Certificate from the fire department is required so in case of any accident happens because of the fire. The industries must have all kind of equipment related to deal with such situations. That's why there is a fire exit present in all the industries.

For every other information, it is present in the official website of the FSSAI https://www.fssai.gov.in/home
It is also responsible for food research and quality assurance of food that will be served or manufactured. It was formed by the Union Health Minister Dr. Anbumani Ramadoss.   It has mainly five branches. It is essential to hire a lawyer and get all the necessary legal certifications required to run the Food Tech Company.

Team Lawyered
Team Lawyered

Lawyered is a legal tech initiative designed to change the way people interact with and within the legal industry. We believe that access to critical services like legal should be just a click away. Our team is working to bring legal online, making it cost effective, high quality and accessible for all.

Comments:

Blog Comment
Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

Blog Comment
Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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