Regulation 2.1.2
Regulation 2.1.2: food-business licence eligibility
For new applications from 1 April 2026, FSSAI's order sets a State licence band above ₹1.5 crore through ₹50 crore and a Central licence band above ₹50 crore. Regulation 2.1.2(6) also lets FSSAI specify activity-specific eligibility and licensing authorities.
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Introduction
The March 2026 Gazette inserted clause (6) into Regulation 2.1.2. It empowers the Food Authority to specify eligibility criteria or conditions for different food businesses and their Licensing Authority from time to time.
FSSAI then used the amended framework in its 13 March order to set turnover bands effective 1 April 2026. Turnover is an important starting point but does not replace the applicable kind-of-business criteria in FoSCoS and FSSAI orders.
Key takeaways
State licence band
For new applications from 1 April 2026, the FSSAI order sets State licensing for annual turnover above ₹1.5 crore and up to ₹50 crore, subject to other applicable classification criteria.
Central licence band
The same order sets Central licensing for turnover above ₹50 crore, while Regulation 2.1.2(6) allows other eligibility or authority conditions for particular food businesses.
Check the business activity
Use the actual food activity and premises in the application. Do not classify solely by turnover when a particular kind of business has another FSSAI criterion.
Existing licences need migration review
FSSAI's March FAQ addresses transition of existing FBOs through FoSCoS; a newly applicable threshold does not by itself prove an existing licence has already been changed.
Identify the FBO and premises
List each food-business activity and location that needs authorisation. The correct licence category and Licensing Authority may depend on these facts, not only group-wide turnover.
Apply the current turnover order
For a new application on or after 1 April 2026, compare the relevant annual turnover with the ₹1.5 crore and ₹50 crore boundaries. FSSAI's order supersedes older turnover categorisation limits.
Check activity-specific eligibility
Review current FoSCoS/FSSAI kind-of-business criteria and the specified Licensing Authority before filing. Regulation 2.1.2(6) expressly allows the Food Authority to specify criteria or conditions from time to time.
Document any category transition
For an existing FBO, retain the current licence, self-declared turnover basis and FoSCoS migration status. Follow FSSAI's implementation guidance rather than simply filing a duplicate licence application.
Practical checklist
Do
- Use the post-1 April 2026 bands for new applications.
- Confirm kind-of-business and authority criteria before submitting FoSCoS forms.
- Keep classification and migration records.
Avoid
- Do not use the old turnover bands for a new application.
- Do not infer that turnover alone settles every licensing category.
FAQs
Is turnover above ₹50 crore always the only test for a Central licence?
The 13 March 2026 order sets the Central turnover band above ₹50 crore, but Regulation 2.1.2(6) allows FSSAI to specify other eligibility criteria and the Licensing Authority for various food businesses. Check the current activity criteria.
Should an existing licence holder apply afresh because the bands changed?
FSSAI's implementation FAQ provides for migration of existing FBOs in FoSCoS. Check the actual migration status and authority instructions before submitting another application.
Official sources
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