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What happens if FSSAI application is rejected?

What happens if FSSAI application is rejected?

 

 

The Food Safety and Standards Authority of India – or FSSAI – is liable for governing food business-related activities. It’s an autonomous body set up under the aegis of the Food Safety & Standards Act, 2006. It also hands out licenses as per the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 or FSSAI application. Moreover, it also undertakes internal control on activities like the manufacturing, storage, transportation, and distribution of food products. In this blog I have discussed what happens if the FSSAI application is rejected?

Types of Approvals Issued by the FSSAI

Food Business Operator (FBO) who is involved within the aforementioned activities approaches FSSAI for a registration or license. This is often a 14-digit number that is printed on all food packaging offered by the FBO. It’s to make the FBO more accountable for the items being done and for sale. Whether an FBO needs registration or license is decided by the size of its operation. The approval by FSSAI can take the subsequent three forms:

Basic Registration

A petty FBO must register with FSSAI  registered by FSSAI registration in Chennai as such; it does not need a license. There are many criteria which define an entity as a petty operator, especially those that manufacture food products. However, the first one holds that such an entity should have an annual turnover of less than Rs 12 lakhs. Those FBOs which don’t fall under this criteria need to apply for a license. Licenses are often of two types based on the size of business.

State FSSAI License

Like petty FBOs, those companies qualifying for having state license have several criteria. But in terms of revenue, such an entity has got to have an annual turnover from Rs 12 lakhs up to Rs 20 crore. In essence, this is often a medium-sized FBO. Other criteria are applicable supported the kind of business an entity is in. The license is for 1 to 5 years. The issuance is by the nourishment business administrator.

Central FSSAI License

Large FBOs need to apply for a central FSSAI license in FSSAI registration in Chennai. These are entities which have a turnover of quite Rs 20 crores a year and operate in two or more states. Importers and exporters have to exclusively apply for this license. The license is for a min 1 year and a max of 5 years. The period of issuance is by the nourishment business administrator.

What to do if FSSAI Application is Rejected?

what if fssai application is rejected

Mere application for FSSAI registration or license isn’t a guarantee of approval. There are cases during which applications with rejection. On 7 July 2020, FSSAI published a typical operating procedure for the reactivation of rejected applications.

It stated that the subsequent four cases of rejection or cancellation of applications for registration or license will have the consideration:

a) Applications which is accidentally getting rejection by an FBO while processing.

b) Applications which were in rejection due to a technical glitch while processing either by a DO or an FBO.

c) Further, applications which have automatic rejection by the system due to incomplete information or documents by an FBO within 30 days.

d) Reactivation for Registration of State FSSAI License by FSSAI registration in Chennai:

e) All such applicants will have to apply with their respective State Food Safety

f) Commissioner within 6 months from the date of rejection. After this request, a neutralize case of Registration or Commissioner of Food Safety (CFS) of the state in case of state license will examine the case on merit.

g) His/her recommendation are sent to RC Division  within 30 days from the receipt of such request from an FBO.

h) Recommendation from DO/State Commissioner are going to be to the IT Division for the reactivation of application.

i) Once such an invitation is from RCD, the IT Division will reactivate the relevant application and communicate the identical to the DO / CFS under intimation to RCD.

Reactivation for Central FSSAI License

  1. a) All such applicants will apply to their Regional Office (RO) of FSSAI within 6 months from the date of rejection.
    b) After this request, the director of the RO will examine the case on merit.
    c) He/she will send that recommendation to FSSAI headquarters (RCD)  within 30 days from the receipt of such request from an FBO.
    d) RCD will examine the case on the advice of RO.
    e) the executive director of the RCD will be the competent authority to decide such a case.
    f) The approval of a case will refer by RCD to the IT Division. This may reactivate the application.
  2. In case of urgent cases, an FBO can directly approach the FSSAI HQ where they’re going to have examination by the CEO.

Latest news

Imported consignments of milk, milk products, pork, fish and fish products would require health certificates issued by the competent authority of the exporting country. The certificates are going to be valid till 90 days from the date of issue.

The Central Board of Indirect Taxes and Customs (CBIC) has instructed its officials regarding the need of the health certificate with such food consignments.

The improvement comes in the wake of a directive that is issued by FSSAI which made health certification mandatory for such imports.

The certificate would require a detailed declaration, including country of origin and export, expiry date and details of ingredients. The preservatives need to be as per limits prescribed by the FSSAI registration in Madurai.

“It is requested that action could also be taken to sensitize officers under your jurisdiction. The difficulties, if any, within the implementation of instruction may be brought to the notice of the board,” said the CBIC directive.

FSSAI Food Licensing by FSSAI registration in Madurai may be a form of certification that ensures that food is fit for consumption and toxic elements are not present in it.

Earlier, a veterinary certificate was necessary for milk and milk products. There was no standardized format.

Experts said the move is in line with the government’s policy of ensuring quality standards of products imported into the country.

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Design registration form 1

 

 

Design fascinates and attract people to new things. Highly observed that the designing of any product provides a general idea of the associated technology or use. In developing countries, competition within the business world increases, and any picture, shape, or design grabs people’s attention. Therefore, it’s essential to have protection such intellectual property and keep your design safe from piracy. In this blog I have discussed design registration form 1.

The registration procedure of Design in India.

For the registration of a design, first, we essential to know the term “Design”.

According to Section 2(d), “Design” means the configuration, pattern, features of shape, ornament or lines composed or applied colors to any article, whether in two dimensional or three dimensional or in both forms, by any process or means, if they are manual, mechanical or chemical, separate or combined, that is within the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction which is in substance a mere mechanical device.

Further, the designing does not include

Trademark that has definition Clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or
Property mark as defined in section 479 of the Indian legal code (45 of 1860) or
The artistic work defined in Clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957).

History and Origin:

To find out the present situation under the Design act, we should always know from where the term design came into existence and how it is changing from time to time. First, the designs were protected under the Patent and styles Protection Act, 1872. Then in 1911, for the higher protection of the Industrial Designs, the Patent and styles act was enacted. In 1970, the Patent Act was enacted to cater to the matters of patent specifically.

The system of the protection of industrial designs must be made more efficient to ensure adequate protection to registered designs by design registration in Chennai. Therefore, the bill was passed within the parliament called Designs Bill to promote design activity to promote the design element in an article of production.

Bill’s bill’s main aim is to make sure that the law does not unnecessarily extend protection beyond what is necessary to create the required incentive for design activity while removing impediments to the unrestricted use of available designs. The Designs Act and Rules provide for filing of a Design Application in the offices i.e. Patent and Trademark Office Database Delhi, Mumbai, Chennai or Kolkata.

The essential requirement for design registration:

The Following are the requirements for design registration in Chennai.

Novelty and originality:

The foremost important thing is necessary at the time of registration by design registration in Chennai. That a design must be new with no prior publication or use or in any other way, before the filing date or said to be priority date of the design in India or any other country.

Original means in reference to a design, originating from the author of the designing and includes the cases, which though old in themselves yet are new in their application. The examiner can conduct a novelty search to look at whether it is new or not.

Public order and morality:

While registering under design registration in Hyderabad, a design must not breach the peace and harmony of the state. It doesn’t affect the morality of the nation can be applicable for the registration. Otherwise, an application for the registration of the designing is not registrable.

Prohibition of registration of certain designs:

A design which,

(A) isn’t new or original; or

(B) Has been disclosed to the general public anywhere in India or any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the appliance for registration; or

(C) isn’t different from known designs or combination of known designs; or

(D) Comprises scandalous or obscene matter shall not have registration.

Who can apply?

Any person who claims to be the proprietor of any new or original design have to apply for registration in design registration in Hyderabad. A proprietor could also be from India or from a Convention Country.

A proprietor may be:

a) An author of design,
b) A person who already has acquired the design,
c) A person for whom the author has developed the design, or
d) On whom the design has devolved.

Type of Applications that are filed:

The  system that is present now  consists two types of designs application for design registration in Trichy. They are Ordinary and Reciprocity applications. Consistent with section 5 and section 44, the appliance for the particular design has been mentioned.

Ordinary application means a person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, registering the designing under this Act is known as Ordinary application.

Reciprocity application means the appliance for design registration filed with the Indian Patent Office, claiming priority from already filed design application(s) filed during a convention country or group of countries or inter-governmental organizations is called priority application.

The priority design application must be filed by design registration in Bangalore within six months from the date of the earliest priority applicant, and therefore the said time limit is not extendable.
Procedure for the registration:

design regn form1

Form-1: Application for registration of design:

According to Sections 5 and 44, an application shall be filed in Form-1, together with the prescribed fees, stating the complete name, address, nationality, article’s name, class number and address for service in India. Foreign applicants also are necessary to give an address for service in Indiwhiwhi, which might be their Agent’s address in India.

Within the case of foreign applicants, it’s mandatory to give an address for service in India. Unless such an address is given, the Office shall not proceed with the appliance.
The class to which the article belongs shall be mentioned correctly in Form-1.

Under the Designs Rules, 2001, articles are classified based on the Locarno Classification. It’s going to be noted that for registering a design by design registration in Trichy in more than one class, a separate application must be filed for every class.

The application shall be signed either by the applicant or by his authorized agent/legal representative. Only a registered patent agent or a legal practitioner are often appointed as an authorized agent in India.

In case the applicant has already registered a design in any other class of articles, the very fact of such registration along with the registration number shall be mentioned in Form-1.
Locarno agreement is an agreement as per the designs are registered under the Act. It classifies goods to register them. This helps in Design searches by design registration in Trichy. It divides designs into different classes, which are mainly function-oriented.

Form 21: Power of authority to agents:

(1) All applications and communications to the Controller under the designing Act may be signed by, and every one attendances upon the Controller may be made by or through a legal practitioner or by or through an agent whose name and address has been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970 (39 of 1970).

(2) The Controller may, if he sees fit, require –

(a) agent to be resident in India;

(b) a person not residing in India either to employ an argent residing in India;

(c) the private signature or presence of any applicant or other person.

Representation Sheets:

Representations should be ready as prescribed under Rule 12 (Statement of novelty), 13 (Additional copies of representation or specimens) and 14 (Representation) of the Designs Rules and will be submitted in duplicate.

Form 24: Claiming the status of small company or start-up (if the small entity or start-up status is claimed)

(a) It should be accompanied with evidence of registration of design within the case of Indian entities.

(b) It should be accompanied with an affidavit deposed by the applicant or authorized signatory as Rule 42 of styles Rules in case of foreign entities.

Certified copy of priority document:

The proprietor is necessary to submit the first Priority document along with the authenticated English translated copy of the Priority document (if the original priority document is other than English) under Rule 15 of the Designs Rules.

Note: To be filed within the reciprocity application under Section 44.

Assignment Document:

Assignment in original (if the applicant of priority application during a convention country is different from Indian applicant).

Fees Structure:

The fee payable under the principles may either be paid in cash or through electronic means or may be sent by bank draft or cheque payable at par to the Controller of Designs and drawn on a scheduled Rule 5 bank located at the respective filing location.

Stamps and Indian Postal Orders have no acceptance.

Where the fee is payable in respect of a document, the whole fee shall accompany the document.

Fee once paid in respect of any proceedings shall not ordinarily have the refund regardless of whether the proceeding has taken place or not.

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10 Steps immediately after Incorporation of LLP

10 Steps immediately after Incorporation of LLP

 

 

Obtaining the Certificate of Registration for your Limited Liability Partnership (LLP) is an exciting moment in your business start-up journey. You would possibly have gone through the process of arranging needful documents as per prescribed standards of Ministry of Corporate Affairs and also insisted by the professionals who have assisted with certifications for your LLP Registration. Now you recognize the selecting a name for your LLP is more difficult than naming your baby.

Your LLP is born as an artificial legal person with certain inherent features, rights, powers and liabilities. Partners are the owners of the LLP and therefore the Partners/Designated Partners are the brains and organs of a registered LLP. In other words you the Partners and Designated Partners are the oldsters and Guardians of your LLP . As a Parent and Guardian of your LLP, you’re responsible for the actions and inactions of a registered LLP and are personally responsible to answer the regulatory authorities for any non-compliance by a LLP.

Obtaining the Certificate of Incorporation is merely a starting point for a series of compliances a LLP has to follow under various legislations in India from time to time.

Immediate Steps After LLP Incorporation by LLP registration in Chennai

The following are the 10 steps immediately done by the LLP after registration by LLP registration in Chennai.

WITH IN 30 DAYS

1.LLP Agreement

After incorporation of the LLP by LLP registration in Chennai, the Partners of a LLP are required to execute an LLP Agreement and a copy has to be filed with the Registrar or Companies in LLP Form 3 within 30 days of incorporation of LLP. LLP Agreement should have stamped as per Stamp Act of respective state where the LLP had registration.

The delay in filing LLP agreement shall attract penalty of some amount per day till the date of fling Form 3 with ROC.

2. Application for Permanent Account Number (PAN)

Every LLP  that is registered by LLP registration in Chennai has got to obtain a Permanent Account Number (PAN) from Income tax department, Government of India. PAN is a number for every tax payer under Income Tax Act. For obtaining a PAN, the LLP has got to make an application with a copy of its Certificate of Incorporation.

3. Application for tax deduction and Collection Account Number (TAN)

Also, Every LLP has got to obtain a Tax Deduction and Collection Account Number (TAN) from Income tax department, Government of India. Certain category of payments requires tax TDS and the tax so deducted must given remittance to the government. To enable the TDS remittance, TAN is necessary.

4. Opening bank account in LLP Name for LLP registration in Bangalore

After incorporation of the LLP by LLP registration in Chennai, it’s necessary to open a Current Account in the name of the LLP with any Bank in India. All the transactions within the name of the LLP should be transacted through the LLP Bank Account only.

The following are the documents and details necessary for opening an accounting with a bank:

a) Certificate of Incorporation of the LLP
b) Copies of LLP Incorporation documents – Form FiLLiP and Form 3 Filed with ROC and LLP Agreement.
c) Permanent Account Number (PAN) of the LLP
d) Resolution by partners of Opening and operation of bank account
e) KYC details for Designated Partners and Partners of the LLP
f) Cheque for initial deposit of amount to Open bank account (This deposit can be considered as the capital infusion by the partners)
Also, the documents and initial deposit vary from bank to Bank. There are banks offering ‘Zero’ balance Accounts which also subject to conditions.

10 steps immediately to do after LLP registration

5. Books and Accounts of LLP

Every business is necessary to under tax Compliances such as Tax Deduction at Source (TDS) and Advance Tax Payments from time to time.

Every LLP that is registered by LLP registration in Bangalore  has got to prepare and keep the books of account in double entry system of accounting on accrual basis. The LLP has got to maintain the Books of Accounts of all receipts payments and to comply legal requirements under Companies Act and other various laws. The books of accounts and financial statements shall provide a true and fair view of the state of the affairs of the LLP , including its branch office or offices.

Bookkeeping and Accounting starts with recording of accounting transactions like Receipts and Payments. It’s advisable to maintain physical records of each transactions through Payment Voucher & Receipt Voucher.

To record a transaction, use the voucher as a canopy note for every payment and receipt transactions with relevant supporting documents such as Supplier Invoices / Receipts with Transaction details. These vouchers and supporting documents are the first reference for each transactions.

The books of account should be kept at its registered office or such other place in India because the Board of Designated Partners may decide from to time. The books of account are often maintained in electronic mode subject to conditions under Companies Act.

6. Shop and Establishment Registration

All Business Establishments are necessary to get Shop and Establishment Registration under every State Shop and Establishment Act and Rules within 30 days of registration.

This is a mandatory registration for all the business and establishments. The LLP that is registered by LLP registration in Bangalore has got to obtain the Shop and Establishment Registration in every state wherever they have offices and establishments.

7. Professional Tax Registration – Employer & Employee

Every LLP is required to get Professional Tax – Employer Registration (Enrolment Certificate) within 30 days of incorporation. This again may be a state specific labour registration mandatory for all registered business whether you have any employees or not. This registration is subject to renewal per annum after payment of prescribed fee. Delay in obtaining the registration will get penalty to business on yearly basis.

Also, every LLP  that is registered by LLP registration in Bangalore who employs people with quite the specified limit of salary (this limit varies from State to State) has to obtain Professional Tax – Employee Registration (Registration Certificate), once they start employing people. For this purpose, the Partners / Designated Partners shall have the consideration as employees; if they’re drawing salary beyond the specified limits. Also, the employer deducts the Professional Tax from the salary of employee. This must have the payment to the State Govt. on monthly basis.

WITH IN 60 DAYS

8. Initial Capital by Subscribers to Memorandum

The initial partners of LLP have got to bring the amount of capital contribution as stated in the subscription documents and LLP Agreement at the time of LLP registration within 60 days of incorporation by LLP registration in Chennai.

Though there’s no explicit conditions in LLP Act as to this time limit for bringing the capital. It’s advisable to bring the subscribed capital with 60 days of incorporation.

9. Appointment of Auditors

Every LLP whose capital contribution exceeds certain limit prescribed (greater than 25 lakhs) or annual turnover exceeds prescribed amount (greater than 40 lakhs) has got to get the accounts audited by a Chartered Accountant in Practice. There’s no mandatory audit requirement for other LLP’s.

WITH IN 180 DAYS

10. Goods and Services Tax (GST) Registration

Every business with annual turnover exceeds Rs. 40 lakhs (Service providers 20 lakhs) is necessary to GST Registration GST Act and Rules.
It is not necessary to obtain GST immediately after incorporation of the LLP by LLP registration in Bangalore.
In case the LLP has to produce its GSTIN to any third parties or authorities for its business, the LLP may have got to obtain the GST Registration immediately after registration of LLP.

11. Trademark Registration

Registering a corporation or LLP with a name does not provide complete protection to the name or brand name. The protection of Company /LLP name under the businesses Act / LLP Act has limit to the extent that another Company or LLP will not have registration with the same or a closely-resembling name.

Ultimate protection for a corporation name has security only by way of a Trademark.

If a trademark has employment for goods and services under different classes, separate applications have the filing under each class to urge protection of trademark for the respective goods and services.

Many more

Also, there are more regulatory compliance requirements a LLP has to follow under LLP Act and other various laws as may be applicable to the nature of business of LLP.

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