Section 31 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.
Section 31 of the Food Safety and Standards Act, 2006 is the licensing section. It says no one may commence or carry on any food business except under a licence, exempts petty operators who must instead register, and sets the application, grant, refusal, appeal, validity and death-of-licensee rules.
No person may commence or carry on a food business without a licence (s.31(1)). Petty manufacturers, petty retailers, hawkers, itinerant vendors, temporary stall holders, small scale or cottage industries and tiny food business operators are exempt but must register (s.31(2)). The Designated Officer grants or refuses the licence, and if neither happens within two months the applicant may start business (s.31(4) proviso). Appeal against rejection lies to the Commissioner of Food Safety (s.31(8)). Doing business without a required licence is punishable under s.63, as amended by the Jan Vishwas Act, 2023.
Section 31 at a glance
| Sub-section | Content |
|---|---|
| 31(1) | No commencing or carrying on food business except under a licence |
| 31(2) | Petty and tiny operators exempt from licence, but must register as regulations specify |
| 31(3) | Application to the Designated Officer, in the manner, with particulars and fees specified by regulations |
| 31(4) | Designated Officer may grant, or refuse after hearing and for reasons recorded in writing, in the interest of public health; copy of the order to the applicant. Proviso: no licence or rejection within two months, applicant may start business |
| 31(5) | Licence in the form and subject to conditions specified by regulations |
| 31(6) | A single licence may cover one or more articles of food and different establishments or premises in the same area |
| 31(7) | Premises in more than one area need separate applications and separate licences |
| 31(8) | Appeal against rejection lies to the Commissioner of Food Safety |
| 31(9) | Licence valid for the period specified by regulations; renewal applied for before expiry keeps it in force until orders are passed |
| 31(10) | After the holder's death, the licence subsists for his personal representative or family member for three months or a longer period the Designated Officer allows |
Licence versus registration (s.31(1) and (2))
The default is a licence. Section 31(2) carves out "a petty manufacturer who himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator". These persons do not need a licence, but "they shall register themselves with such authority and in such manner as may be specified by regulations".
The Act does not define the thresholds for "petty" or "tiny". Those are in the licensing regulations, which are separate from this Act. See our Regulation 2.1.1 article and our guide on basic FSSAI registration for the working position. If you are unsure whether you fall in the exempt group, our state FSSAI licence page explains how we assess that for a business.
Applying and being heard (s.31(3) and (4))
An application goes to the Designated Officer, "in such manner containing such particulars and fees as may be specified by regulations". The Designated Officer, who is appointed for each district under s.36, then has two options:
- Grant the licence.
- Refuse, but only after giving the applicant an opportunity of being heard, for reasons recorded in writing, if satisfied that it is necessary in the interest of public health. A copy of the order must be given to the applicant.
The refusal test is narrow. It is not enough that the officer disagrees with the business model or thinks the premises untidy in a minor way: the ground is public health, and it must be written down.
The two-month rule (s.31(4) proviso)
The proviso protects applicants from delay. If the licence "is not issued within two months from the date of making the application or his application is not rejected, the applicant may start his food business after expiry of the said period". Three consequences follow from the text.
- The clock runs from the date of making the application.
- Silence for two months lets the applicant begin business.
- In that case the Designated Officer "shall not refuse to issue a licence", but may, if he considers necessary, issue an improvement notice under s.32 and follow that procedure.
So the proviso does not leave the business without oversight. It shifts the route from refusal to improvement. See our post on improvement notices.
Form, conditions and premises (s.31(5) to (7))
The licence takes the form and carries the conditions specified by regulations. A single licence can cover one or more articles of food and different establishments or premises in the same area. If food is manufactured, stored, sold or exhibited at different premises in more than one area, there must be separate applications and separate licences for premises not in the same area. The Act does not define "area" in this section; the regulations set out the areas for Designated Officers (s.36(1)). For multi-location businesses see FSSAI multiple branches.
Appeal (s.31(8))
An appeal against an order rejecting the grant of a licence lies to the Commissioner of Food Safety. The section gives no time limit for the appeal. A time limit may be set elsewhere in the Act, rules or regulations; check them before relying on any period. The Commissioner's office is described in s.30; see Commissioner of Food Safety.
Validity and renewal (s.31(9))
A licence, unless suspended or cancelled earlier, stays in force for "such period as may be specified by regulations". The proviso is a practical safeguard: if an application for renewal is made before the expiry of the period of validity, the licence continues in force until orders are passed on the application. Late renewal is not covered by the proviso. The period itself is in the regulations; our posts on licence renewal process and validity and on the renewal service cover the working rules.
Death of the licensee (s.31(10))
On death, the licence "shall subsist for the benefit of the deceased's personal representative or any other member of his family" until the expiry of three months beginning with his death, or of such longer period as the Designated Officer may allow. The heir who wants to continue should apply within that window for the steps the regulations provide.
Consequences of operating without a licence
Section 63, as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023, now carries the heading "Penalty for carrying out a business without licence" and provides that a person who is required to obtain a licence, but manufactures, sells, stores, distributes or imports food without one, is liable to penalty which may extend to ten lakh rupees. Before the amendment it was imprisonment up to six months and fine up to five lakh rupees. Persons exempt under s.31(2) are outside s.63. See our post on operating without an FSSAI licence, which predates the amendment, so check the amount there.
Example. A sweet shop applies for a licence on 1 March. Nothing is issued or rejected by 1 May. After the two months, the owner may start business, and the Designated Officer cannot then refuse the licence, though an improvement notice can follow if needed.
Need help with licence or registration?
Whether you need a registration or a licence, and in which area, depends on your activity and scale. TaxClue can assess that and handle the application on our state FSSAI licence page, or a basic FSSAI registration where that is the right fit.
Key takeaways
- A licence is required to commence or carry on a food business; petty and tiny operators register instead.
- The Designated Officer may refuse only after a hearing, in writing, in the interest of public health.
- Two months of silence lets the applicant start business; an improvement notice may follow.
- Premises in different areas need separate licences; appeal against rejection lies to the Commissioner.
- Timely renewal keeps the licence alive; death of the holder gives three months or longer.
Read next
- Section 63: operating without an FSSAI licence
- Sections 35 and 36: food poisoning notification and the Designated Officer
- Improvement notice under the FSS Act: how to respond
- FSSAI licence renewal: process and validity
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). Thresholds, forms, fees and validity are in the licensing regulations; verify current notifications, regulations and FSSAI orders before acting.