Non-statutory Departmental Canteens functioning in Central government Offices-procuring Licence under Food Safety and Standards Act,2006 and Rules & Regulations framed thereunder
File No. 10/1/2004-Dir(c)
Government of India
Ministry of Personnel PG & Pensions
Department of Personnel & Training
Lok Nayak Bhawan, Khan Market
New Delhi, dated 30th May, 2016
Subject: Non-Statutory Departmental Canteens functioning in Central Government Offices- procuring Licence under Food Safety and Standards Act, 2006 and Rules & Regulations framed thereunder.
The undersigned is directed to refer to this Department’s OM of even number dated 11.8.2004 and para 9.9 of Administrative Instructions on Departmental Canteens in Government Offices and Industrial Establishments (Green Book) wherein it has been mandated that the Managing Committees of the Departmental canteens/ Tiffin Rooms run in various Central Government Offices would obtain the requisite licence from the concerned authority under the Prevention of Food Adulteration Act, 1954 an~ Municipal Act applicable to them.
The erstwhile PFA Act, 1954 has since been repealed after enactment of Food Safety and Standard Act, 2006.
Since the erstwhile PFA Act, 1954 has been repealed after enactment of FSS Act, 2006 the Departmental Canteens are now required to obtain licence under FSS Act, 2006.
2. The Food Safety and Standards Act, 2006 along with the Rules & Regulations framed thereunder provides the statutory framework for regulating, inter-alia, the manufacture, storage, distribution and sale of food so as to ensure its safety. Regulation 2.1.2 of the Food Safety and Standards (Licensing & Registration of Food Business) Regulations, 2011 stipulates that ”No person shall commence any food business unless he possesses a valid license”. Schedule 1 of the above mentioned Regulations places food catering services in establishments and units under Central Government agencies under the purview of Central Licensing Authority. All Departmental Canteens, Tiffin Rooms, etc. housed in various offices of the Central Government are, accordingly required to obtain licenses to be able to continue to manufacture and sell food.
3. It may be stated here that the Non-Statutory Departmental Canteens, set up as measure of staff welfare, have been functioning in the Central Government Offices since early fifties. The Office of the Director(Canteens) in the Department of Personnel & Training, Ministry of Personnel, Public Grievance & Pensions is concerned only with the laying down broad policy guidelines for running such canteens. However, day to day administration of the canteens are the responsibility of the concerned Ministries/Departments through their Managing Committees set up for this purpose.
4. It is the responsibility of respective Managing Committee to register/obtain licence under provisions of Food Safety and Standards (Licencing and Registration of Food Businesses) Regulations 2011. The concerned officers may please get in touch with FSSAI (Contact No.O 11··2323168) for implementation of FSS Act, 2006 and rules and regulations thereunder.
5. Accordingly, all the Ministries/Departments are requested to take further necessary action, as suggested above, with reference to all canteens functioning under their administrative control in attached and subordinate offices/field formations under intimation to this Department.
6. The receipt of this OM may be acknowledged please.