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Question
Legal Principle: The law states that a food business operator must be registered with or licensed by the Food Safety and Standards Authority of India (FSSAI) to run a food business.
Fact Situation: Kavita’s neighbours suffer food poisoning after consuming sweets gifted by her on the occasion of a celebration at her home. Kavita does not have a registration or license from the FSSAI.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Options
Kavita is in violation of the law since she does not have an FSSAI registration or license.
Kavita is not in violation of the law since she did not make the sweets she gave by way of gift.
Law does not apply in cases like this where transactions happen between neighbours.
Kavita need not take a license or register with FSSAI since she is not running a food business.
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Solution
Kavita need not take a license or register with FSSAI since she is not running a food business.
Explanation:
FSSAI issues three types of licenses based on the nature of the food business and turnover:
1. Registration: For Turnover of less than ₹12 Lakh
2. State License: For Turnover between ₹12 Lakh to ₹20 Crore
3. Central License: For Turnover above ₹20 Crore However these licenses are required to be taken by people who are running a food business and in the given case Kavita is not running any food business so she is not required to take the license. Hence option 'Kavita need not take a license or register with FSSAI since she is not running a food business'. is the correct option.
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