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Definition:

Proprietary Food means an article of food which are not standardized in Food Safety and Standards (Food Product Standards and Food Additives) Regulations and  Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, Functional Food, and Novel Food) Regulations.

Regulatory Guidelines:

• As per this regulation any food product prepared using those ingredients which are either standardized or permitted to be used in standardized products does not require any separate approval. However, safety requirements as prescribed under FSS Regulations shall be complied.
• Provided that any deviation in quality parameters of a standardized food, as specified in the Food Safety and Standards Regulations made under the Food Safety and Standards Act, 2006 shall not qualify the resultant product as a proprietary food.
• Provided that a proprietary food may also contain vitamins and minerals in quantities not exceeding one Recommended Dietary Allowance(RDA) of the respective micro-nutrients.
• Proprietary food shall use only such additives and at such levels, as specified for the Category or Sub-category under Appendix A of FSS Regulations, to which the food belongs. Such Category or Sub-category shall be clearly mentioned on the label along with the generic name, nature and composition of the proprietary food.
• Proprietary food shall comply with the microbiological requirements as specified in Appendix B of FSS Regulations. If no microbiological standards are specified for any foods or food categories in Appendix B of FSS Regulations, proprietary foods falling under such food categories shall not contain any pathogenic microorganism at a level that may render the food product unsafe.
• Proprietary food shall also comply with the provisions, as applicable, of all other Regulations made under the Food Safety and Standards Act 2006. No health claims shall be made in respect of proprietary foods either on the product label or otherwise, unless it is substantiated by adequate and scientific evidence.
• The Food Business Operator shall be fully responsible for safety of the proprietary food in respect of human consumption.

Safety standards for proprietary food:

The proprietary food should comply with contaminants (chemical and microbiological) specifications prescribed for its ingredients, as applicable. In case of final product FBO should ensure that the food does not contain any pathogenic organism at a level that could render it unsafe.

For labelling purpose, the FBO can use product name along with the category number.

Name, Nature and composition are as provided in the Food Safety and Standard (Packaging and Labeling) Regulation 2011, as below:

a. “Name” – means the generic name of the product.

b. “Nature” means description of the food contained in the package.

c. “Composition” means list of ingredients in descending order.

List of mandatory documents required for obtaining license for proprietary Food:

Documents are required to be deposited with the State/Central Licensing Authority as per Annexure-2 of Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011. Moreover you need to upload Statement of Ingredients and Additives used into the product to be manufactured and declaration for proprietary food.

Download, Read and Share all information on 

1. FSSAI Gazette Notification on Proprietary Food
2. FAQs on Proprietary Food
3. Declaration on Proprietary Food for FSSAI Licensing
4. Statement of Ingredients – Prescribed Format for FSSAI Licensing.

To know more about Eligibility Criteria, documentation required, procedure to obtain Fssai License and Licensing Conditions, please Chat with us Ask The Expert.