Starting a food business in India involves navigating a complex landscape of legal and regulatory requirements. This guide provides a comprehensive checklist to help you understand and comply with these requirements, ensuring a smooth launch of your food business.
Step-by-Step Guide to Starting a Food Business in India
1. Business Planning and Concept Development
Before diving into the legalities, it’s crucial to develop a solid business plan. This includes defining your target market, establishing your unique selling proposition (USP), choosing your restaurant style, planning your menu, and crafting your brand identity. A well-thought-out business plan will guide your decisions and help secure financing.
2. Business Registration
Registering your business is a fundamental step. You can choose from various business structures such as sole proprietorship, partnership, or company. This registration is essential for legal recognition and to facilitate other licensing processes.
3. FSSAI License
If you desire to operate a food business in India, obtaining an FSSAI License is mandatory under the Food Safety and Standards Act, 2006. Failure to comply can result in heavy fines and even business closure. This license ensures compliance with food safety standards and is crucial for consumer trust. The FSSAI offers a tiered licensing system based on the business’s scale, and the process is streamlined through an online portal.
Step-by-Step Process to Get an FSSAI License
Step 1: Determine the Type of License
Before applying, you need to figure out which type of FSSAI License your business requires (Basic, State, or Central).
Step 2: Gather Required Documents for FSSAI Registration
Here’s a list of documents you’ll need for your FSSAI License application:
- Valid Email ID and Contact Number
- Identity and Address Proof issued by a Government Authority
- List of main stakeholders along with their identity proof
- Declaration of Food Safety Management plan
- Proof of possession of the location/premise
- No objection certificate from the local Municipal Corporations or local bodies
- Kitchen Layout Plan
- Water Testing Report provided by ISI certified organization
- List of Food Category
- Partnership Deed/ Affidavit of Proprietorship (in case of business operated on other premises or case of partnership firm)
- Medical certificates of employees
- Types of equipment to be used
Step 3: Fill Out the Application Online
Visit the FSSAI Website and fill out the appropriate application form for your business. Pay the required fee online based on the type of license you are applying for.
Step 4: Submit the Application and Track Progress
Once you submit your application, you will receive a unique application reference number. Use this to track the status of your application online.
Step 5: Inspection and Approval
For State and Central licenses, the FSSAI officials may inspect your premises to ensure that you comply with the food safety standards. Once approved, you will receive your FSSAI License.
FSSAI License Fees
The fees for an FSSAI License vary depending on the type of license and the nature of your food business:
- FSSAI Basic Registration: ₹100 per year
- FSSAI State License: ₹2000 to ₹5000 per year, depending on the scale of your business
- FSSAI Central License: ₹7500 per year
Renewal of FSSAI License
Your FSSAI License is valid for a period of 1 to 5 years, depending on the choice you make at the time of application. You must apply for renewal 30 days before the expiry date. Failing to renew on time can attract a penalty of ₹100 per day until you renew your license.
4. GST Registration
Goods and Services Tax (GST) registration is required for businesses with an annual turnover exceeding ₹20 lakh. This registration is necessary for tax compliance and to avoid legal penalties. There is no fee for GST registration in India. You need to go to the official website of GST for GST registration.
Documents required
- Applicant details
- Mobile number
- Email Id
- Pan card number
- Proof place of business
- Copy of valid rental agreement/lease agreement
- Valid bank account from India
- Provisional ID and password received from the state’s VAT department
5. Health and Trade Licenses
A Health Trade License is issued by the municipal corporation and is necessary for businesses that impact public health. Additionally, a Trade License acts as a work permit for trading goods and services. The cost of the trade license is based on the location of the restaurant. The forms for the application for Health Trade License are available at the State’s Municipal Corporation website or Zonal Citizen’s Service Bureaus.
Documents required
- Three copies of the site plan
- Electricity and Water bills
- Rent Agreement or NOC from landlord
- Sewer Connection Proof
- Proof of property tax
- Letter from local police
- Plan and Layout of the restaurant
- Indemnity bond for Rs.100
- Structural Stability Certificate signed by the concerned Structural Engineer
- Water Testing Reports
- Medical Certificates of Employees
- Lal Dora Certificate, if applicable( only in Delhi)
6. Fire Department NOC
A No-Objection Certificate (NOC) from the fire department is required to ensure safety standards are met, protecting both customers and employees. There is no fee required Fire safety license. The NOC should be submitted to the state fire department. Applications can be found online on the state government website.
Documents required
- Arrangements of Building intends to comprise of building format, examination report, the type of oversight.
- The structure plan should be as per the data recommended by the bye-laws of the state.
- Checklist survey questionnaire with answers
- Building Model certified agenda by Architect.
- Building Stability declaration.
- Applicant’s id card- a copy of Aadhar Card.
- Photographs of the setup building clicked from outside.
- Quantity and finishing endorsement of Electric wiring should be given from a perceived position.
7. Environmental Clearance
If your business operations could potentially impact the environment, obtaining environmental clearance is necessary. This clearance ensures that your business complies with environmental regulations. Environmental clearance license cost depends on the type of restaurant. You can apply for the certificate of environmental clearance from the ministry of environments and forests website. Documents required are Letter of intent from the Ministry of Industry and NOCs from the State Pollution Control Board and the State Forest Department if the project talks about forestland
8. Additional Licenses and Permits
Depending on your business type, you may need additional licenses such as:
a. Eating House License: Required for establishments serving food and beverages. The cost of getting an Eating house license is around Rs 300 The eating house license can be brought from the respective websites of the city or state licensing policing commissioner.
Documents required
· Fire NOC if the seating capacity is greater than 50
· Site plans and photographs
· Documents of the restaurant building and NOC from the property owner
· Trade license
· FSSAI license
· Photocopy of valid NDMC/MCD/DCB/ Airport Authority of Indian trade license and valid fee receipt
· Undertaking regarding the installation of a CCTV camera recording facility with a minimum of 30 day’s recording stored
b. Liquor License: Necessary if you plan to sell alcoholic beverages
Each state has its own rules to be followed for serving liquor. The application has to be submitted to concerned state authorities. The cost of the liquor license is based on the location of the restaurant.
Types of Liquor Licenses
· L-1 – Granted to company society or partnership running with manufactured units
· L-3 – Granted to working distilleries or bottling plans that are issued by the state or central government
· L-6 – Granted for retail vendors for liquor and beer by the state government
· L-10 – Granted for sale of foreign liquor and select Indian brands
· P-13 – Temporary license provided to hotels, pubs, and restaurants which are licensed to sell liquor inside or outside the premises for one specific day
· P-10 – Granted to serve liquor at a function on a specific day for anywhere in the city other than public parks
Documents required
· Address proof of the restaurant
· Original application and a copy with business details
· NOC from the fire department and municipal corporation
· List of all directors of the company
· MOA and AOA if the applicant is a company
· Copy of the latest IT returns
· Concern applicant photographs
· Affidavit of the applicant stating there are no criminal records under their name
c. Shop and Establishment License: Regulates work conditions and protects employee rights. The application can be submitted directly to the respective area inspector or you can submit it through the labour commission website of your state. The cost of this license depends on the number of employees in your restaurant. For 1-5 employees: ₹ 6,500, for 6-11 employees: ₹ 9,000, for 12 or more employees: ₹ 15,500.
Documents required
· Details of Employer/Manager
· Memorandum and Articles of Association/Trust deed/Partnership Deed
· Lease Rent Agreement /Premises purchase Agreement
· List of Directors/Managers/ Partners
· Bank Account Number details
· First Income Tax Assessment order/PAN
· BMC declaration
· Date of commencement of business
d. Music License: Music is cool and it will attract more customers. But for playing music in your restaurant, you have to obtain a music license. Restaurants can obtain a music license from the Phonographic Performance Limited website.
e. Signage License: You’ll need a Signage License for advertising your restaurant. This legal permit allows you to market your restaurant by using photos, graphics, and painting in your area. You can obtain this license from your respective Municipal Committee or City Corporation.
f. Lift License: it is essential for safer operations. Installation of lifts in a multistorey restaurant requires the clearance of an Inspector from the Electricity Department, and the Labor Commissioner of the particular city. After verifying the layout, safety gears, and installation, the license will be issued by the office of the Labor Commissioner.
9. Trademark Registration
Registering your business’s trademark protects your brand identity and prevents unauthorized use by others. It creates a brand image among customers. In case the owner wants to start opening a chain or of its food business than trademark helps to grow faster. Trademark registration would provide ownership over the intellectual property created and help deter the use of the branding by competitors.
10.Insurance
It’s advisable to insure your business against potential risks. This includes public liability, product liability, fire policy, and building & asset insurance. Insurance can be obtained from any legally registered entity. Although there are no general rules on getting insurance for restaurants it is essential that you insure your restaurant on the four parameters i.e., Public Liability, Product Liability, Fire Policy, Building & Asset.
11.Compliance and Returns
Ensure ongoing compliance with all legal requirements, including filing necessary returns and maintaining updated licenses. Regular audits and reviews can help maintain compliance and avoid penalties.
Conclusion
Starting a food business in India requires careful planning and adherence to various legal and regulatory requirements. By following this checklist, you can ensure that your business is legally compliant and well-prepared for success