From home bakers to multi-state cloud kitchens — a definitive breakdown of every business that requires FSSAI, the exact category they need, and what happens if they skip it.
If your business handles food in any form — manufacturing, storing, transporting, processing, importing, exporting, distributing or selling — you legally need an FSSAI licence. The Food Safety and Standards Act, 2006 leaves no grey area: even a single tea stall or a home baker selling cookies on Instagram is a Food Business Operator (FBO). Here is the definitive list of who needs what.
Section 3(1)(o) of the FSS Act defines an FBO as any undertaking — whether for-profit or not, public or private — that carries out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and including food services, catering services or sale of food or food ingredients.
In plain English: if money or value changes hands for food, FSSAI applies.
Every food aggregator — Swiggy, Zomato, Magicpin, Thrive — refuses onboarding without a valid FSSAI number. Even ghost kitchens running entirely on delivery must hold the licence in their kitchen's name.
Instagram-based food businesses are increasingly being audited by FSSAI. Multiple home bakers have been issued show-cause notices for selling without registration.
| Business | Typical FSSAI category |
|---|---|
| Home baker (Instagram) | Basic |
| Single-outlet restaurant | State |
| Cloud kitchen on Swiggy | State |
| Multi-state cloud kitchen brand | Central |
| FMCG snacks brand | Central |
| Importer of chocolates | Central |
| Sweet shop / mithai | State |
| Grocery / kirana | Basic or State |
| Tea stall / juice cart | Basic |
| Catering for weddings | State |
| Airline / railway catering | Central |
Yes. Selling any food product, even pickles, papad or chutney made at home, requires at least an FSSAI Basic Registration.
No. Content creation alone does not require FSSAI. The moment you start selling kits, courses with edible samples, or branded snacks, you become an FBO.
Yes. Food trucks are mobile FBOs and need at least State Licence, with the vehicle registration number recorded on the licence.
Vans used to transport packaged food are covered under the parent FSSAI licence with vehicle numbers added. Specialised cold-chain transporters often hold their own State Licence.
Senior contributor at Taxpex Consultancy. Reviewed by a practising Chartered Accountant. Published on 11 June 2026 · Updated on 11 June 2026.
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Any employee who completes 5 years of continuous service in an establishment covered under the Act. The 5-year rule is waived on death/disability.
via Gratuity CalculatorCGST + SGST applies for intra-state supplies (supplier and place of supply in same state). IGST applies for inter-state and imports.
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