It is technically not an op-ed since I am part of the organization that is publishing this but it is definitely my opinion and a commentary and hence the use of the term.

Recently there was an article published by Manorama Online and other publications (Whats Hot Pune) with a headline “Selling home-made food items without licence, registration? You will be fined Rs 5 lakh”. Is this true, well not entirely. Here is a snapshot of what the act says in chapter IX section 63.

Now if you see the highlight part, a “may extend” is not a “will”. So the headline is factually misleading. Also what is not clearly qualified is the reference to the section 31, sub-section 2 of the same act. That is re produced as a reference below.

Clearly the sub-section (2) provides an exemption from obtaining a license and require small and petty businesses only to obtain a registration. And since the punishment only talks about carrying “business without license”, the folks who qualify for registration (subject to a turnover of < 12L per annum) only clearly don’t fall under the ambit of 5Lakhs and six month imprisonment.

The onus of food safety for cottage industry and tiny food business operators is totally up to the individuals themselves. However they are required to get a registration which is a really simple process of going with your Aadhar card and a photo and getting them done at the nearby citizen service center.

Some of the people who read the article have argued that there are old and illiterate people who are doing this from home and don’t have the capability to go out there and get a registration and my answer to that is, when it comes to regulations in businesses, there is no good reason to differentiate on the basis of age or education. We cannot say that if the director is older than 60 years or is uneducated, they need not meet the requirements of having a DSC since getting one is too complicated. There is a business transaction happening and the consumer’s interest have to be looked after as well and here we are talking about public health. If you don’t register a business then there is no way to figure out what law you should be complying under and hence the registration is mandatory.

If you think I don’t have the right understanding I would be happy to learn from anyone who may be willing to share their knowledge based on facts and not on emotions. If there are any other sections/amendments that refer to it, please do sight and I can take back these words. You may reach me at ramesh@foodsafetyworks.in. Yes I do run a business that benefits from ensuring compliance with the law, but this article is a personal expression of anguish over people trying to portray everything as evil without understanding the details.

For license type that you may need, you can talk to our Google Assistant. On your Android phone just say “Ok google, talk to food safety work” and you would be all set.

Ramesh Agarwal, COO, Food Safety Works, ramesh@foodsafetywork.in