Repacker’s Guide to FSSAI Compliance: Declaration for NoC Exemption

In India, the food industry is tightly regulated by the Food Safety and Standards Authority of India (FSSAI) to ensure consumer safety and product integrity. For repackers—businesses that procure food products from manufacturers, repackage, and label them under their own brand—compliance with FSSAI regulations is non-negotiable. One critical aspect of this compliance is the No Objection Certificate (NoC) from the manufacturer, which confirms that the original product meets safety standards. However, in certain cases, repackers can seek an exemption from submitting the NoC by providing a Declaration/Undertaking that they assume full responsibility for the product’s compliance. This blog explores the nuances of this declaration, its importance, and how repackers can navigate this process effectively.

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Understanding the Role of a Repacker

Repackers play a vital role in the food supply chain. Unlike manufacturers who produce food products, repackers source pre-manufactured goods, repackage them (e.g., changing packaging size, type, or branding), and distribute them under their own labels. This process allows businesses to market products without investing in production facilities, but it comes with significant responsibilities. Repackers must ensure that the repackaged products comply with FSSAI’s stringent safety, labeling, and quality standards.

The NoC from the manufacturer is typically required to confirm that the original product adheres to FSSAI regulations. However, obtaining this certificate can sometimes be challenging due to logistical issues, non-cooperative manufacturers, or other constraints. In such cases, repackers can submit a Declaration/Undertaking to the FSSAI, taking full responsibility for the product’s compliance, thereby seeking an exemption from the NoC requirement.

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What is the Declaration/Undertaking for NoC Exemption?

The Declaration/Undertaking is a legal document submitted by the repacker to the FSSAI, affirming that they will ensure the repackaged food product complies with all applicable food safety and labeling regulations. By submitting this undertaking, the repacker assumes complete accountability for the product’s quality, safety, and compliance, effectively bypassing the need for the manufacturer’s NoC.

This declaration is not a mere formality—it is a binding commitment. The repacker must have robust systems in place to verify the product’s safety, including testing, traceability, and adherence to Food Safety Management System (FSMS) requirements. Failure to comply can result in legal penalties, product recalls, and damage to the brand’s reputation.

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When Can a Repacker Seek NoC Exemption?

Repackers can request an exemption from submitting the NoC in the following scenarios:

1. Non-Cooperative Manufacturers: If the manufacturer refuses to provide the NoC or is unresponsive, the repacker can submit a declaration to assume responsibility.

2. Logistical Challenges: In cases where obtaining the NoC is delayed due to supply chain issues or geographical constraints.

3. Small-Scale Operations: Small businesses or startups with limited resources may face difficulties in securing the NoC, making the declaration a practical alternative.

4. Customized Repackaging: If the repacker significantly alters the product (e.g., portioning, blending, or re-labeling), they may need to take full responsibility for compliance.

However, the FSSAI evaluates such declarations carefully. The repacker must demonstrate that they have the necessary infrastructure, processes, and documentation to ensure compliance without relying on the manufacturer’s NoC.

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Key Components of the Declaration/Undertaking

A well-drafted Declaration/Undertaking should include the following elements to meet FSSAI requirements:

1. Business Details:

   • Name, address, and FSSAI license number of the repacker.

   • Details of the repackaging unit and its registration.

2. Product Information:

   • Description of the food product (e.g., type, category, ingredients).

   • Details of the original manufacturer (if available).

   • Specifics of the repackaging process (e.g., changes in packaging material, labeling, or quantity).

3. Compliance Commitment:

   • A clear statement that the repacker takes full responsibility for the product’s compliance with FSSAI regulations.

   • Assurance that the product meets safety, quality, and labeling standards.

4. Traceability and Recall Plan:

   • Details of the repacker’s traceability system to track the product from source to market.

   • A comprehensive recall plan in case of non-compliance or safety issues.

5. Testing and Verification:

   • Evidence of product testing (e.g., lab reports confirming safety and quality).

   • Details of the FSMS implemented at the repackaging unit.

6. Legal Undertaking:

   • A statement acknowledging that the repacker will face legal consequences for any non-compliance.

   • Signature of the authorized signatory with date.

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Steps to Draft and Submit the Declaration

To successfully seek an exemption from the NoC requirement, repackers should follow these steps:

1. Assess Compliance Readiness:

   • Ensure that the repackaging unit meets FSSAI’s hygiene, sanitation, and FSMS requirements.

   • Conduct product testing through FSSAI-approved laboratories to verify safety and quality.

2. Prepare the Declaration:

   • Draft the undertaking on plain paper (as per FSSAI’s self-declaration guidelines introduced in 2015) or follow the format specified by the FSSAI.

   • Include all necessary details, as outlined in the previous section.

3. Gather Supporting Documents:

   • Attach documents such as proof of premises possession, layout plan of the repackaging unit, and lab test reports.

   • Include a copy of the repacker’s FSSAI license and any relevant correspondence with the manufacturer.

4. Submit via FoSCoS:

   • Log in to the Food Safety and Compliance System (FoSCoS) portal (foscos.fssai.gov.in).

   • Apply for the repacking license or modify an existing license, uploading the declaration and supporting documents.

5. Follow Up:

   • Monitor the application status on the FoSCoS portal.

   • Respond promptly to any queries or additional requirements from the FSSAI.

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Benefits of the Declaration/Undertaking

Opting for a Declaration/Undertaking offers several advantages for repackers:

• Streamlined Licensing Process: Bypassing the NoC requirement can expedite the licensing process, especially for small businesses.

• Operational Flexibility: Repackers can work with multiple manufacturers without relying on their cooperation for documentation.

• Consumer Trust: A robust compliance system backed by the declaration enhances consumer confidence in the repackaged product.

• Legal Compliance: The undertaking ensures that the repacker adheres to FSSAI regulations, avoiding penalties and business disruptions.

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Challenges and How to Overcome Them

While the declaration simplifies the licensing process, repackers may face challenges:

1. Increased Responsibility:

   • Challenge: Assuming full compliance responsibility requires rigorous testing and documentation.

   • Solution: Invest in FSSAI-approved testing facilities and implement a strong FSMS.

2. FSSAI Scrutiny:

   • Challenge: The FSSAI may closely examine the declaration and supporting documents.

   • Solution: Ensure all claims in the undertaking are backed by verifiable evidence, such as lab reports and traceability records.

3. Consumer Safety Risks:

   • Challenge: Any lapse in quality control can lead to health risks and legal consequences.

   • Solution: Maintain strict hygiene standards and conduct regular audits of the repackaging unit.

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Best Practices for Repackers

To ensure a smooth exemption process and maintain compliance, repackers should adopt these best practices:

• Implement Robust FSMS: Establish a comprehensive Food Safety Management System to monitor quality at every stage of repackaging.

• Regular Testing: Conduct periodic testing of products to ensure they meet FSSAI standards for safety and quality.

• Accurate Labeling: Ensure that repackaged products comply with FSSAI’s labeling regulations, including allergen declarations and nutritional information.

• Maintain Traceability: Use a digital or manual system to track the product’s journey from the manufacturer to the consumer.

• Stay Updated: Keep abreast of FSSAI’s evolving regulations, such as changes to labeling or import clearance systems, to remain compliant.

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Conclusion

For repackers in India, the Declaration/Undertaking for NoC exemption is a powerful tool to streamline the FSSAI licensing process while maintaining compliance. By assuming full responsibility for the product’s safety and quality, repackers can overcome logistical hurdles and build consumer trust. However, this exemption comes with significant responsibilities,pitfalls. Repackers must invest in robust systems for testing, traceability, and compliance to uphold their commitment to the FSSAI.

By following the steps outlined in this blog and adopting best practices, repackers can navigate the exemption process successfully and thrive in the competitive food industry. For more guidance on FSSAI compliance or licensing, visit foscos.fssai.gov.in or consult a professional FSSAI consultant.

Stay compliant, stay safe, and keep your consumers’ trust at the heart of your business!