Mandatory Update of Form IX Nominee Details & Auto-Approval for Non-Form C Modifications in FoSCoS

The Food Safety and Standards Authority of India (FSSAI) has observed that many Food Business Operators (FBOs) fail to update the details of their Form IX nominee when there is a change in personnel. This lapse leads to outdated records, preventing authorities from knowing the responsible person for ensuring compliance with licensing conditions. So FSSAI have came up with auto-approval on FoSCoS.

As per Rule 2.5.2 of the Food Safety and Standards Rules, 2011, companies must notify the Licensing Authority whenever there is a change in the nominee details mentioned in Form IX. Additionally, sub-regulation 2.1.9 (1) of the FSS (Licensing and Registration of Food Businesses) Regulations, 2011, mandates that FBOs must always keep their licensing authority informed of any modifications in their food business, including product category changes, layout modifications, expansion, or closures. Furthermore, as per Condition No. 3 in Annexure 3 of Form B (Schedule 2), FBOs must report any modifications related to the licensed activities.

Failure to update this crucial information can lead to penalties under Section 58 of the Food Safety and Standards Act, 2006. To streamline compliance, FSSAI has introduced a provision in the Food Safety Compliance System (FoSCoS), effective from February 12, 2025. This new feature allows FBOs to update Non-Form C details, including modifications to Form IX, without requiring approval or scrutiny from the authority.

The best part? These updates can be made without any fee. FBOs must take immediate steps to ensure their Form IX nominee details are accurate and up to date. Adhering to this requirement will not only ensure regulatory compliance but also facilitate smooth business operations.

Read the notification here.