Regulations 2 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.
Regulation 2.1.10 says how fees are to be paid. Regulation 2.1.11 keeps a registration or licence alive for a legal representative or family member after the holder dies, for 90 days or a longer period the Designated Officer allows, and lets them apply to have it transferred. This article is based on the 2017 compendium (Version II, 09.11.2017); later amendments may have changed it, verify on fssai.gov.in. If the licence needs a change of holder, see our FSSAI amendment service.
Fees and charges are paid by pay order, demand draft or any online mode prescribed by the concerned Food Safety Commissioner (2.1.10). When a holder dies, the registration or licence subsists for the benefit of the legal representative or any family member for 90 days from the date of death or a longer period the Designated Officer allows for reasons recorded in writing. They must apply for transfer. The authority may approve if satisfied that the applicant is the legal representative, or refuse only after a hearing with reasons in writing. The licence continues pending the decision. As per the 2017 compendium.
Regulation 2.1.10: mode of payment
All fees and charges under these Regulations are to be paid by pay order or demand draft or any online mode of payment as may be prescribed by the concerned Food Safety Commissioner. The text is short, and the modes are an "or" list. Because payment channels have moved online since 2017, check the current portal for the accepted methods. The fee amounts are in Schedule 3. See FSSAI licence fees and government charges.
Regulation 2.1.11: transfer in case of death
The four sub-regulations
| Sub-reg. | What it says |
|---|---|
| (1) | After the death of the holder, the certificate or licence subsists for the benefit of the legal representative or any family member until the expiry of (a) 90 days from the date of death, or (b) such longer period as the Designated Officer may allow, for reasons recorded in writing |
| (2) | The legal representative or family member applies to the concerned Authority for transfer in his favour |
| (3) | The authority may, after such enquiry as it deems fit, approve the transfer if satisfied that the applicant is the legal representative, or refuse. No refusal without an opportunity of being heard and reasons recorded in writing |
| (4) | On filing the transfer application, pending the decision, the registration or licence continues in force |
How to read the 90 days
The text in (1) sets the life of the licence for the successor at 90 days from the date of death, or such longer period as the Designated Officer may allow for reasons recorded in writing. The compendium wording is "until the expiry of: (a) the period of 90 days ... or (b) such longer period". It does not say "whichever is earlier" or "later", so the safest reading is that 90 days is the base period and the Designated Officer may extend it. Do not wait 90 days to apply. Sub-regulation (4) gives continuity once you file, so file early.
Who can apply
Sub-regulation (1) benefits the legal representative or any family member of the deceased. Sub-regulation (2) says the legal representative or family member applies. Sub-regulation (3), however, tests whether the applicant "is the legal representative". Keep proof of your status: a will or probate, a legal heir certificate or another document the authority accepts, together with your relationship to the deceased. The regulation does not list documents, so ask the authority what it needs.
Compare the Act
Section 31(10) of the Act says the licence subsists for the benefit of the deceased's personal representative or any other member of his family until the expiry of three months beginning with death, or such longer period as the Designated Officer allows. The Regulation expresses the same three months as 90 days. See section 31.
What this does not cover
The regulation addresses death only. A sale of the business, a change of partners or a company restructuring is not covered by Regulation 2.1.11. Those changes fall to the modification rule in Regulation 2.1.9 and the general guidance in our post on FSSAI licence transfer when the owner changes.
Practical examples
Example 1. The proprietor of a bakery dies. His son, the legal heir, runs the shop. The licence subsists for his benefit for 90 days from the date of death, and the son applies for transfer in his favour within that time.
Example 2. The authority wants time to check the claim of a family member. The licence stays in force while the application is pending, under sub-regulation (4).
Example 3. The authority is inclined to refuse the transfer because the applicant's link is unclear. It must first hear the applicant and record reasons in writing.
Need help with a transfer after a bereavement?
Families running a business after a loss rarely have time for paperwork. TaxClue can help you assemble proof of legal-heir status and file the transfer request, and can handle any related FSSAI amendment to the licence details. We check the current portal route first, as the 2017 text may have been revised.
Key takeaways
- Fees are paid by pay order, demand draft or online mode prescribed by the Food Safety Commissioner.
- After the holder's death, the licence subsists for the legal representative or a family member for 90 days, or longer if the Designated Officer allows.
- The successor must apply for transfer.
- Refusal requires a hearing and written reasons.
- The licence continues in force while the application is pending.
- The rule covers death only, not sale or restructuring.
Read next
- Regulation 2.1.9: modifications, expansion and changes
- Regulations 2.1.12 and 2.1.13: appeal and annual return
- FSSAI licence transfer: when the owner changes
- FSSAI licence fee structure
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 (fees, forms, validity, portal steps and thresholds); verify on fssai.gov.in. Verify current notifications, regulations and FSSAI orders before acting.