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The Marketeer KoB is done and dusted.
Are you aware that the ‘Marketeer / Marketer ’ kind of business is no longer available in the licensing provisions of FSSAI? Here is some information regarding it.
FSSAI disabled the ‘Marketer’ Kind of Business from Sep 2021 onwards. The ‘Marketer’ KoB pertained to entities that were involved in the marketing of food products without physical possession of the manufacturing unit. However, recognizing the evolving dynamics of the food business landscape, the FSSAI has chosen to remove this category. Food Business Operators holding the ‘Marketer’ KoB in their FSSAI license are required to update their license to encompass the revised ‘Kinds of Businesses (KoBs)’ information.
In a general context, the term “third-party manufacturing” or “contract manufacturing” refers to the practice where a company utilizes another company’s production facility to create its products and subsequently market them under its own brand name. However, according to regulatory guidelines, this concept encompasses additional dimensions.
The manufacturer has 3 sub-categories:
Numerous companies, before Sep 2021 and to some extent, even now, operate with a marketer license and do not possess a re-labeller license.
It’s noteworthy that the Licensing Regulations of 2011 do not explicitly define or address a marketer license. Intriguingly, the FLRS and then the FoSCoS websites incorporated a marketer category within the “Trade/Retail” classification. Self-marketing pertains to the promotion of a brand’s food product that is under self-ownership, while third-party marketing pertains to the promotion of a brand’s food product not owned by the promoter.
While the requirement for a re-labeller license arises when branded products are manufactured by third parties, the necessity for a marketer license primarily revolves around marketing and sales activities, without explicitly delving into the manufacturing aspect. Consequently, if a company outsources the manufacturing of their branded product to a third party, it falls within the re-labeller license domain.
To avoid discrepancies and to compel the brand owners to take responsibility for the food products being sold under their brand name, FSSAI decided to withdraw the marketer KoB. All such brands are now required to add a relabeller KoB to their licenses.
Regulatory compliance – While the items are manufactured by a company holding a valid license, either they are labelled and promoted by a separate entity (relabeller) or their products are being repacked by another entity (repacker). Hence, it becomes the duty of these brand owners or deemed manufacturers to ensure strict adherence to the regulatory requirements outlined by the regulatory authorities. For example-
License Renewal & Modification for the FBOs with Marketer KoB
The FBOS who have ‘Marketer’ KoB in their existing FSSAI license can still renew their licenses, however, they are required to modify their license to include appropriate KoB during the subsequent modification of their license.
We can help you to modify your licenses, if you haven’t, yet.
We can also assist in getting a new license. and of course, to make you compliant with all other regulatory requirements.
You can contact us at info@foodsafetyworks.com or visit us at www.foodsafetyworks.com and we will be happy to help you.
The Author Ms. Surabhi Soral is a Food Technologist and passionate about setting things right in the first go. She is a Consultant at Food Safety Works and heads the regulatory and compliance team.