FSSAI has noticed that many Food Business Operators (FBOs) are not updating the details of their Form IX nominee, i.e., the person responsible for ensuring compliance with the conditions of the food business license. When this person changes or leaves the company, FBOs must inform the authorities, but many fail to do so. This leads to outdated records, making it difficult for regulatory authorities to monitor compliance effectively. 

Regulatory Requirements: 

• Mandatory Notification of Form IX Changes 

• • As per Rule 2.5.2 of the Food Safety and Standards Rules, 2011, FBOs must inform the licensing authority whenever there is a change in the nominee mentioned in Form IX. 

• Obligation to Maintain Updated Business Information 

• • Under Regulation 2.1.9(1) of the FSS (Licensing and Registration of Food Businesses) Regulations, 2011, FBOs must ensure that the Licensing Authority always has the latest information about their business. This includes changes in product categories, business layout, expansion, closure, or any other material modifications. 

• • Any such changes must be reported before they take effect. 

• General Compliance with License Conditions 

• • As per Regulation 2.1.2(5) of the FSS (Licensing and Registration of Food Businesses) Regulations, 2011, FBOs must comply with all license conditions outlined in Annexure 3. 

• • Condition No. 3 in Annexure 3 specifically requires FBOs to notify authorities about any modifications to their business operations or the contents of their license. 

• Penalties for Non-Compliance 

• • Failure to update the authorities about nominee changes or any other required modifications may result in penalties under Section 58 of the Food Safety and Standards Act, 2006. 
    
    

New Provision for Easier Compliance (Effective 12th Feb 2025): 

• • To simplify the process of updating business details, FSSAI has introduced a new feature in the Food Safety Compliance System (FoSCoS): 

• • FBOs can now update Non-Form C details, including changes to Form IX nominee details, without requiring approval or scrutiny from the authorities. 

• • These updates can be made free of cost through the FoSCoS portal. 
    
    

Directive for FBOs: 

• • All FBOs must ensure that their business details, especially Form IX nominee information, are always accurate and updated in FoSCoS. This will help avoid penalties and ensure smooth regulatory compliance.