FSSAI FoSCoS Portal: Food License Application for Foreign Food Companies

Why FSSAI Licensing Is Mandatory for Foreign Food Companies in India

The Food Safety Compliance System (FoSCoS), accessible at foscos.fssai.gov.in, is the single online portal through which any foreign company must apply for an FSSAI license before starting a manufacturing, import, distribution, or retail food operation in India. Operating without a valid license is not a minor administrative issue — it attracts fines up to INR 5 lakh and imprisonment of up to six months.

For foreign food companies, licensing applies in two distinct scenarios. First, establishing any food-related business presence in India (a manufacturing unit, import operation, distribution center, or retail outlet) requires an FSSAI license through FoSCoS. Second, foreign food manufacturing facilities in five specified categories must register under FSSAI's Registration of Foreign Food Manufacturers (ReFoM) programme before they can export those food products to India.

For foreign companies evaluating foreign direct investment in India's food sector, understanding FSSAI licensing is as fundamental as understanding FEMA and RBI regulations.

Understanding the FoSCoS Portal

The Food Safety Compliance System (FoSCoS), accessible at foscos.fssai.gov.in, is the unified digital platform for all FSSAI licensing and registration activities. Launched in 2020 to replace the older Food Licensing and Registration System (FLRS), FoSCoS handles the entire lifecycle of food licenses — from application and approval to renewal and compliance monitoring.

What FoSCoS Covers

• New license and registration applications for all three categories (basic, state, central)
• License renewal before expiry
• License modification for changes in address, product categories, or business details
• Return filing — the annual return in Form D-1, and the half-yearly return in Form D-2 for licensees handling milk and milk products
• Compliance monitoring including inspection scheduling and audit reports

Every food business licence issued through FoSCoS carries a unique 14-digit FSSAI registration number that must be displayed on all food product labels sold in India.

Three Types of FSSAI Licenses: Which One Does Your Company Need?

The FSSAI categorises food licenses based on the scale and nature of operations. The turnover bands and fees below are the ones FSSAI has applied on FoSCoS since 1 April 2026 under regulation 2.1.1(8) and regulation 2.1.2(6), inserted by the Licensing and Registration Amendment Regulations notified on 10 March 2026, which let the Food Authority specify turnover thresholds and eligibility criteria from time to time. The current bands are published in the FoSCoS "Kind of Business" eligibility criteria (updated 1 April 2026). Foreign food companies almost always require a Central License, but understanding all three categories is important for structuring operations correctly.

Basic Registration

For petty food businesses with an annual turnover of up to INR 1.5 crore. This includes small retailers, hawkers, itinerant vendors, and cottage-scale industries. Foreign companies entering India rarely fall into this category, but it applies if you are starting a small-scale food testing or sampling operation.

State License

For medium-sized food businesses operating within a single state with an annual turnover above INR 1.5 crore and up to INR 50 crore. This covers restaurants, mid-scale manufacturers, dairy processing units, and storage facilities operating within one state.

Central License (Most Common for Foreign Companies)

A Central License is mandatory for food businesses with turnover above INR 50 crore, operations in multiple states, or activities involving import or export of food products. This is the license category that applies to virtually all foreign food companies entering India.

Central License is also mandatory regardless of turnover for a range of categories listed in Schedule 1 of the Licensing Regulations and in the FoSCoS eligibility criteria: all importers, 100% export-oriented units and exporter-manufacturers, food business operators operating in two or more states (which must also declare a Head Office or Registered Office under a Central License), food business at airports and seaports, food irradiation units, e-commerce food businesses, and proprietary foods, nutraceuticals and non-specified foods.

ReFoM: Registration of Foreign Food Manufacturers

In addition to the FoSCoS licensing for India-based operations, FSSAI introduced the Registration of Foreign Food Manufacturers (ReFoM) programme, which requires foreign food manufacturing facilities to register with FSSAI before exporting certain food categories to India. The categories covered are those FSSAI has notified for this purpose; the notified list and the participating countries are published on the ReFoM portal, and should be checked there before a shipment is planned.

Covered Food Categories

1. Milk and milk products
2. Meat and meat products (including poultry and fish)
3. Egg powder
4. Infant food
5. Nutraceuticals

How ReFoM Registration Works

Unlike FoSCoS, where the food business operator applies directly, ReFoM registration is routed through the competent authority of the exporting country. The process works as follows:

1. The foreign food manufacturer contacts the food safety competent authority its own government has designated for export certification to India — the body that issues official export health certificates, which is not always the country's best-known food agency, so confirm the designation before starting
2. The competent authority verifies the manufacturer's compliance with food safety standards
3. The competent authority submits the manufacturer's information to FSSAI through the ReFoM portal (sites.fssai.gov.in/refom)
4. FSSAI reviews the submission and, if satisfactory, issues a unique registration number (URN)
5. Indian customs officials verify the URN through the Food Import Clearance System (FICS) at the port of entry

Import of food items in a notified category is only permitted from registered facilities. Shipments from unregistered facilities will be rejected at the Indian port of entry.

Step-by-Step: Applying for an FSSAI Central License on FoSCoS

For a foreign food company establishing operations in India, here is the complete application process:

Step 1: Incorporate Your Indian Entity

Before applying for an FSSAI license, you need a legal entity in India. Most foreign food companies establish either a wholly owned subsidiary (a private limited company) or a branch office. The entity must have a registered address, PAN, and bank account. FDI in the food processing sector is permitted up to 100% under the automatic route.

Step 2: Create an Account on the FoSCoS Portal

Visit foscos.fssai.gov.in and click on "Sign Up." Register using the company's email ID and Indian mobile number. Verify your email and mobile through OTP. After verification, log in with your credentials.

Step 3: Select License Type and Fill Form B

Navigate to "Apply for New License/Registration" and select "Central License." Complete Form B, the primary application form, which requires:

• Name and type of food business (manufacturer, importer, distributor, etc.)
• Address of the food business premises in India
• Details of proprietors, partners, or directors
• List of food products/categories to be handled
• Source of raw materials and water supply
• Equipment and machinery details with installed capacity

Step 4: Upload Required Documents

The following documents must be uploaded in PDF format:

• Form B — duly signed by the proprietor, partner, or authorised signatory
• Company incorporation certificate or equivalent registration documents
• Food Safety Management System (FSMS) plan — based on HACCP principles
• List of food products with brand names and manufacturing details
• Layout plan of the processing unit showing dimensions and area allocation
• Water analysis report from a recognised laboratory
• Directory of directors/partners with photographs and ID proof
• Import Export Code (IEC) certificate from DGFT — mandatory for importers
• NOC from local authority (municipality or panchayat) for the premises
• Proof of possession of premises — ownership deed, rental agreement, or lease deed

Step 5: Pay the Application Fee

The Central License fee prescribed in Schedule 3 of the Licensing Regulations is INR 7,500 per year, paid online through FoSCoS. Since the Licensing and Registration Amendment Regulations published on 10 March 2026, there is no fixed 1-5 year term to buy up front: the licence stays valid unless suspended, cancelled or surrendered, and what keeps it alive is payment of the annual fee and filing of the annual return by the due date. Fail to do either and the licence is deemed suspended — the business must stop trading until the dues plus penalty are paid.

Step 6: Inspection and Approval

After submission, a Food Safety Officer will be assigned to inspect your premises. The inspection verifies compliance with hygiene standards, HACCP implementation, equipment adequacy, water quality, waste disposal systems, and worker health documentation. The officer submits an inspection report through FoSCoS.

Step 7: License Issuance

If the inspection is satisfactory, the Central Licensing Authority approves the application and issues the FSSAI license through the portal. The license includes a unique 14-digit registration number and a QR code. Processing typically takes 30-60 days from application submission, though delays are common if documentation is incomplete.

Special Requirements for Food Importers

Foreign food companies importing products into India face additional requirements beyond the standard Central License:

Import Export Code (IEC)

An Import Export Code from the Directorate General of Foreign Trade (DGFT) is a prerequisite. Without an IEC, you cannot import food products into India. The IEC is a 10-digit code linked to the company's PAN and is valid for the lifetime of the entity.

Food Import Clearance at Ports

Every food consignment entering India must be cleared through the FSSAI's Food Import Clearance System (FICS) at the designated port of entry. The importer must submit a prior notice of food import, and samples are drawn for testing by FSSAI-accredited laboratories. Only after the laboratory issues a conformity report does the FSSAI officer issue a No Objection Certificate (NOC) allowing the goods to be released from customs.

Labelling Compliance

All imported food products must comply with the Food Safety and Standards (Labelling and Display) Regulations, 2020. Labels must include the name and address of the importer, FSSAI license number, country of origin, best before date, nutritional information, and ingredient list — all in English or Hindi. Non-compliant labelling results in rejection at the port.

FSSAI Product Approval

Certain food categories — including novel foods, proprietary foods, genetically modified organisms, and food supplements — require product-level approval from FSSAI before they can be imported. This involves submitting the product formulation, safety data, and labelling drafts for FSSAI review. The approval process can take 3-6 months for novel food categories.

Compliance After License Issuance

Obtaining the FSSAI license is not the finish line. Ongoing compliance requirements include:

Annual Returns (Form D-1)

Under regulation 2.1.13, every licensee must file an annual return in Form D-1 on the FoSCoS portal on or before 31 May each year, covering the previous financial year. A licensee manufacturing milk or milk products must additionally file half-yearly returns in Form D-2, for 1 April to 30 September and 1 October to 31 March, within a month of the end of each period. A separate return is due for every licence held. Regulation 2.1.13(3) sets a late fee of INR 100 per day of delay beyond 31 May.

Regular Inspections

Food Safety Officers may conduct unannounced inspections at any time. Central License holders are typically inspected at least once a year. Inspectors check raw material storage, production processes, hygiene practices, pest control measures, water quality, and employee health records.

Product Recalls

If any food product is found to be unsafe, adulterated, or misbranded, the FBO must initiate an immediate product recall and notify FSSAI. Foreign companies must have a documented recall procedure as part of their FSMS plan.

Keeping the Licence Alive

Since the Licensing and Registration Amendment Regulations published on 10 March 2026, FSSAI licences no longer expire on a fixed date and there is no renewal cycle to diarise. What replaces it is the annual obligation: pay the annual fee and file the annual return on time. If either is missed, the licence is deemed suspended, the food business operator must not carry on any food business activity, and reinstatement requires the outstanding fee or return plus the applicable penalty. Anything traded while the licence stands suspended is treated as a contravention and attracts penalties under the Act. Licences issued for a fixed term before March 2026 should be checked on FoSCoS to confirm how the portal has migrated them.

Penalties for Non-Compliance Under the Food Safety Act

The Food Safety and Standards Act, 2006, prescribes a tiered penalty structure for non-compliance:

For foreign companies, the reputational damage of an FSSAI violation often exceeds the financial penalty. An import rejection or product recall becomes public record and can damage the brand's India market entry permanently.

FDI in Food Processing: Regulatory Framework

India permits 100% FDI in the food processing sector under the automatic route, making it one of the most open sectors for foreign investment. However, there are important nuances:

• Food product manufacturing: 100% FDI under automatic route
• Food product trading (e-commerce): 100% FDI in marketplace model; FDI restrictions apply in inventory-based model
• Single-brand retail trading: 100% FDI under the automatic route, with a 30% local sourcing requirement where FDI exceeds 51%
• Multi-brand food retail: 51% FDI cap with government approval required

For detailed guidance on FDI structuring for food companies, explore our FDI advisory services. The tax implications of different entity structures are covered in our tax advisory services.

Common Mistakes Foreign Food Companies Make

Mistake 1: Applying for the Wrong License Type

Foreign companies sometimes apply for a State License because their operations are in a single state. However, any import or export activity automatically requires a Central License, regardless of turnover or geographic scope.

Mistake 2: Ignoring the FSMS/HACCP Requirement

The Food Safety Management System plan based on HACCP principles is not a checkbox document. FSSAI inspectors review the FSMS plan in detail during inspection and compare it against actual practices on the factory floor. A generic template downloaded from the internet will not pass inspection.

Mistake 3: Non-Compliant Labelling on Imported Products

Many foreign food companies ship products to India with the original international labelling and plan to add India-specific stickers at the warehouse. FSSAI requires that the label information be pre-printed or affixed before the goods enter the country. Sticker labelling at the bonded warehouse is permitted only with prior FSSAI approval.

Mistake 4: Not Planning for Import Clearance Timelines

Food import clearance through FICS typically takes 7-15 days, but can extend to 30+ days if samples fail initial testing or documentation is incomplete. Foreign companies must build this timeline into their supply chain planning to avoid product expiry during clearance.

Mistake 5: Missing the Annual Return Deadline

The Form D-1 annual return deadline of May 31 is frequently missed by foreign-owned food businesses, particularly those with financial year endings that differ from the Indian April-March calendar. Set up automated reminders and engage a local compliance team to manage this filing.

Key Takeaways

• Foreign food companies need an FSSAI Central License (INR 7,500 per year) for any food import, export, or large-scale manufacturing operation in India. Since 10 March 2026 the licence runs indefinitely, but the annual fee and annual return keep it from being deemed suspended
• Apply through the FoSCoS portal (foscos.fssai.gov.in) with Form B, FSMS/HACCP plan, IEC certificate, and premises documentation
• Foreign food manufacturers in 5 specified categories must also register under the ReFoM programme through their home country's competent authority
• Food import clearance takes 7-15 days through FICS — build this into supply chain timelines
• Non-compliance penalties run from INR 1 lakh for unhygienic processing up to a minimum of INR 10 lakh and imprisonment of at least seven years, extending to life, where unsafe food causes death