Regulation 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 2.1.9 requires a food business operator to keep the authority's record up to date. Changes in product category, layout, expansion, closure or other material information must be conveyed before the changes occur, and a change that alters the licence certificate needs an endorsement before the business starts on that basis. 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 updating a licence, see our FSSAI amendment service.
The operator must ensure the Registering or Licensing Authority always has up-to-date information and must inform it of modifications, additions or changes in product category, layout, expansion, closure or any other material information on which the licence was granted, before the changes occur. A change that alters the information on the licence certificate needs approval or endorsement before starting business with the change. The operator submits the original licence with a fee equivalent to one year's licence fee; the authority may issue an amended licence within 30 days and may order an inspection. As per the 2017 compendium.
What the regulation covers
Regulation 2.1.9 has one sub-regulation and a long proviso.
| Element | What the text says |
|---|---|
| Duty | Keep the authority's information up to date |
| What must be reported | Modifications, additions or changes in product category, layout, expansion, closure or any other material information on which the licence was granted |
| When | Before the changes occur |
| Changes that alter the certificate | Need approval or endorsement in the licence prior to start of business with such changes |
| How | Submit the original licence with a fee equal to one year's licence fee |
| Authority's time | May approve and issue an amended licence within 30 days of receiving the information |
| Factors | Feasibility of carrying on the business, legal and other relevant aspects of the change; inspection if required before approval |
The duty to inform first
The key word is "before". The obligation is to convey the information "before the changes occur". It is not enough to report a new product line, a relocated kitchen or an expansion after it is running. The regulation lists closure among the matters to report, so a business that is shutting a line or a premises should say so in advance. If you plan to stop the business altogether, see FSSAI licence surrender.
When an endorsement is needed
Not every change alters the certificate. The proviso applies to "any change that alters the information contained in the license certificate". Examples, reading the text, are changes to activities or categories listed on the licence. For those, you must get the approval or endorsement before you start business with the change. You submit the original licence and a fee equivalent to one year's licence fee. The amount is a function of your licence, so use your own licence fee; do not apply a figure from elsewhere.
How the authority decides
The authority may approve and issue an amended licence incorporating the changes within 30 days from the date of receipt of the information. In deciding, it takes into account the feasibility of carrying on the business and the legal and other relevant aspects of the modification, and if required may order an inspection of the premises before granting approval. Inspection standards are in Schedule 4; see Schedule 4 Part II premises and equipment.
Why it matters
A licence is granted on the basis of the information in the application. If the facts change and the authority is not told, the operator risks running outside the licence. Regulation 2.1.2(5) requires continuing compliance with licence conditions. Failure to comply with a Food Safety Officer's directions can attract a penalty under section 55 of the Act, up to two lakh rupees. A business trading in a category that its licence does not authorise may also face the section 63 issue; as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023, section 63 provides a penalty which may extend to ten lakh rupees for carrying on a business that requires a licence without one. Whether a particular change falls outside the licence is a fact question, so take advice.
Practical examples
Example 1. A bakery with a licence for bread and cakes plans to add a packaged namkeen line. It informs the authority before starting, and applies for endorsement if the certificate lists activities that will change.
Example 2. A licensee wants to expand the production hall. It reports the layout change before the work, and the authority may order an inspection before approval.
Example 3. An operator closes one of two premises under a single licence. The regulation lists closure among the matters to convey, so the authority should be told.
Example 4. A licensee has moved its storage to a different address. The address on the certificate changes, so an endorsement is needed before trading from the new premises. For related practical guides, see how to modify FSSAI licence on FoSCoS and licence modification: update details.
Need help updating your licence?
If you are changing products, premises or layout, the order of steps matters: inform first, endorse, then trade. TaxClue can prepare the intimation and the endorsement request under our FSSAI amendment service, and will check the current portal route and fee first, as the 2017 text may have been revised.
Key takeaways
- Tell the authority about changes before they occur.
- Reportable matters include product category, layout, expansion and closure.
- A change that alters the licence certificate needs endorsement before business starts on that basis.
- The fee in the 2017 text is equal to one year's licence fee, with the original licence submitted.
- The authority may issue an amended licence within 30 days and may inspect first.
- Running outside the licence can expose you to penalties under the Act.
Read next
- Regulation 2.1.8: suspension or cancellation
- Regulations 2.1.10 and 2.1.11: payment and transfer on death
- FSSAI licence modification: update details
- FSSAI licence transfer: when the owner changes
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.