All businesses engaged in activities related to food, have to comply with the rules, as introduced and updated from time to time, by the FSSAI. These are statutory obligations that an FBO must meet. Food Authority conducts random inspections and tests the food articles or the process. During the inspection, the Food Safety Official (FSO) or the agency is authorized to examine the business premises, safety, and quality of the process or the food item. Or even the level of hygiene maintenance. He can check the working conditions along with the process of handling food by the operators, associates, and organization.
A level of compliance for the FBO is ascertained, using a checklist, based upon the provisions of the FSSAI. Using the checklist, the FSO marks a level for the FBO, as either:
Partial compliance (PC),
Non-compliance (NC), or,
Not applicable/Not observed (NA).
Thereby, a Notice for Improvement may be issued by the FSO or the inspection agency. It explains the place or steps where modifications need to take place. And a time duration is stipulated for these changes to be finished by. If the FBO fails to incorporate these adjustments, within the appointed time, a Show Cause Notice is given.
This Show Cause Notice provides a date of hearing. On which, the FBO has to explain why it could not make the improvements or changes. Documentary proof must be provided with the claim. If the proof gets rejected, or the FBO fails to reply to the Notice, by the hearing date, its FSSAI application will get canceled.
If the FBO has reasons to believe that the Notice of Improvement is biased or untrue, it can Appeal to the State Commissioner for Food Safety.
The decision of the State Commissioner is also not final. FBO can dispute it and approach the Food Safety Appellate Tribunal or the High Court to file the subsequent appeal. The decision of the tribunal or the court, however, is considered final.