Regulation 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Regulations 1.1.1 and 1.1.2 give the Licensing and Registration Regulations their name and commencement date, and Regulation 1.2.1 defines six terms: Central Licensing Authority, District, Licensing Authority, Petty Food Manufacturer, Registering Authority and State Licensing Authority. The petty food manufacturer definition decides who registers rather than takes a licence. This article is based on the 2017 compendium (Version II, 09.11.2017); later amendments may have changed it, verify on fssai.gov.in. For help choosing the right route, see our basic FSSAI registration page.
The Regulations are called the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 and came into force on or after 5th August, 2011 (as per the 2017 compendium). Regulation 1.2.1 defines six terms. A Petty Food Manufacturer is, in the 2017 text, a small or tiny food business with an annual turnover not exceeding Rs 12 lakhs and production, milk or slaughter capacity within stated limits, or certain hawkers, vendors and stall holders. Later amendments may have changed these figures; verify on fssai.gov.in.
Regulation 1.1.1 and 1.1.2: title and commencement
- 1.1.1: "These regulations may be called the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011."
- 1.1.2: "These regulations shall come into force on or after 5th August, 2011."
They are made under section 92 of the Act, which gives the Food Authority power to make regulations, and they operate under section 31, which requires every food business operator to be licensed or registered (see section 31 on licensing and registration and section 92 and 93).
Regulation 1.2.1: the six definitions
| No. | Term | Meaning in the 2017 compendium |
|---|---|---|
| 1 | Central Licensing Authority | The Designated Officer appointed by the Chief Executive Officer of the Food Safety and Standards Authority of India, in his capacity as Food Safety Commissioner |
| 2 | District | A revenue district in a state or UT, but the Commissioner of Food Safety may, for the Act, declare any local area a district on the basis of concentration of specific categories of food businesses needing special attention, risk assessment by the Authority, or other specific regulatory requirements |
| 3 | Licensing Authority | The Designated Officer appointed under section 36 (as printed, "36 (i)") of the Act by the Commissioner of Food Safety of the state, or by the CEO of FSSAI in his capacity as Food Safety Commissioner |
| 4 | Petty Food Manufacturer | See below |
| 5 | Registering Authority | The Designated Officer, Food Safety Officer, or any official in a Panchayat, Municipal Corporation or other local body notified as such by the State Food Safety Commissioner for registration under the Regulations |
| 6 | State Licensing Authority | Designated Officers appointed under section 36(1) of the Act by the Food Safety Commissioner of a State or UT |
Terms used but not defined take the meaning given in the Act or in the Regulations, chapters and Appendices. The Rules' own definition of "Licensing Authority" is in Rule 1.2.1 of the FSS Rules; the Designated Officer is described in Rule 2.1.2.
The petty food manufacturer, in the 2017 text
The definition in item 4 has two limbs. A petty food manufacturer is a food manufacturer who:
(a) manufactures or sells any article of food himself, or is a petty retailer, hawker, itinerant vendor or temporary stall holder; or distributes foods, including at any religious or social gathering, except a caterer; or
(b) is among such other food businesses, including small scale or cottage or other industries relating to food business or tiny food businesses, with an annual turnover not exceeding Rs 12 lakhs and/or whose:
- (i) production capacity of food (other than milk and milk products and meat and meat products) does not exceed 100 kg/ltr per day; or
- (ii) procurement, handling and collection of milk is up to 500 litres per day; or
- (iii) slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or less.
These thresholds are the 2017 compendium's and later amendments may have changed them. Check the current position on fssai.gov.in before deciding.
Why this definition matters
Under Regulation 2.1.1, a petty food business registers with the Registering Authority (see Regulation 2.1.1); everyone else needs a licence from the State or Central Licensing Authority under Regulation 2.1.2. The Regulations as compiled do not make the choice depend on a single number: the definition combines the category of business and the turnover and capacity limits. Note that the text excludes a caterer from limb (a).
Reading the limits
The "and/or" in limb (b) is part of the printed text. The text does not tell us how the alternatives combine for a business that meets one limit but not another, so this article does not offer a rule of thumb. If a business is near a limit, take advice on the current regulations. For the ordinary route, see FSSAI registration vs licence.
Practical examples
Example 1. A person who makes and sells snacks himself from a small kitchen falls in limb (a) ("manufactures or sells any article of food himself"), and is a petty food manufacturer on the 2017 text, unless he is a caterer.
Example 2. A small dairy collects milk. In the 2017 text, procurement, handling and collection up to 500 litres a day is one of the capacity limits in limb (b)(ii). The other limb (b) conditions, including turnover, should also be checked against the current regulations.
Example 3. A hawker at a temporary stall is named in limb (a) as a petty retailer, hawker, itinerant vendor or temporary stall holder.
Example 4. A caterer for religious gatherings: limb (a) excludes "a caterer" from the category of those who distribute foods at such gatherings. Check which authority applies.
Need help deciding between registration and licence?
The definition of a petty food manufacturer decides whether you register or take a licence, and the figures have a history of change. TaxClue can help you check your business against the current regulations and prepare the application through basic FSSAI registration support. We will confirm the current position before we advise.
Key takeaways
- The Regulations came into force on or after 5 August 2011 (2017 compendium text).
- Regulation 1.2.1 defines six terms.
- Licensing Authority means the Designated Officer under section 36, appointed by the State Commissioner or by the CEO of FSSAI.
- Petty Food Manufacturer has two limbs: self-selling businesses and stall-type sellers, and small businesses within turnover and capacity limits.
- The Rs 12 lakh turnover and other figures are from the 2017 compendium; later amendments may differ.
Read next
- Regulation 2.1.1: registration of petty food business
- Regulation 2.1.2: licence for food business
- Section 31: licensing and registration of food business
- FSSAI registration vs licence: key differences
Disclaimer: Based on the Food Safety and Standards Act, 2006 as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 where it applies (ss.59, 61 and 63 only), and the FSS (Licensing and Registration of Food Businesses) Regulations, 2011 as per the 2017 compendium (Version II, 09.11.2017). Later amendments may have changed the Regulations; verify on fssai.gov.in. Verify current notifications, regulations and FSSAI orders before acting.