Proprietary Food Approval – Everything You Need to Know

1. Introduction

What is Proprietary Food?

In India, proprietary food refers to any pre-packaged, branded food product that is manufactured and sold under a specific brand name — often with unique formulations, ingredients, or health claims.

These include:

Health drinks (e.g., protein shakes, immunity boosters)
Dietary supplements
Functional foods (e.g., fiber-rich bars, probiotic yogurts)
Ready-to-eat meals (RTM)
Energy drinks
Herbal or Ayurvedic tonics
Weight management products

Unlike regular packaged foods, proprietary foods are not just for consumption — they’re marketed with specific health benefits, performance claims, or therapeutic potential.

Examples:

“Boost your immunity with XYZ Immunity Drink”
“Lose weight fast with ABC Fat Burner Capsules”
“Enhance focus with DEF Brain Power Gummies”

Because of these claims, proprietary foods fall under stricter regulatory scrutiny — especially when they claim to treat or prevent diseases.

Why Proprietary Food Approval Matters

If you’re launching a new food product in India — whether it’s a health drink, supplement, or functional snack — you cannot legally sell it without proper approval from the Food Safety and Standards Authority of India (FSSAI).

This isn’t optional. Selling unapproved proprietary food can lead to:

Product seizure
Fines up to ₹10 lakh
Legal action
Brand damage
Loss of consumer trust

So, Proprietary Food Approval is not just a formality — it’s a legal requirement for every business involved in manufacturing, importing, or selling such products.

✅ Get Your Proprietary Food Approved Today → Apply Now

Who Needs This Guide?

This guide is perfect for:

Startups launching health & wellness products
Food entrepreneurs creating innovative snacks or beverages
Manufacturers of dietary supplements or functional foods
Importers bringing foreign health foods into India
HR professionals managing food safety compliance
Consultants advising food businesses on regulations

Whether you’re a small home-based brand or a large FMCG company, this guide will help you understand what’s required, how to do it, and avoid common mistakes.

2. What is Proprietary Food Approval?

Definition

Proprietary Food Approval is the formal process by which the Food Safety and Standards Authority of India (FSSAI) evaluates and grants permission for a food product to be manufactured, labeled, and sold in India — especially when the product has unique formulations, special claims, or medicinal intent.

It ensures that:

✅ The product is safe for human consumption
✅ Ingredients are legal and non-harmful
✅ Labeling is truthful and not misleading
✅ Claims made (e.g., “boosts immunity”) are scientifically supported
✅ The product meets FSSAI standards under the Food Safety and Standards Act, 2006

Key Features of Proprietary Foods

Feature	Explanation
Brand-specific formulation	Unique mix of ingredients not found in standard foods
Health or performance claims	E.g., “supports joint health,” “improves digestion”
Not covered under general food categories	Doesn’t fit into existing FSSAI food categories like milk, cereals, or snacks
May contain novel ingredients	Like herbal extracts, amino acids, probiotics, vitamins in high doses
Often marketed as supplements or functional foods	Targeted at specific health needs

⚠️ If your product makes any medical or therapeutic claim, even indirectly, it likely falls under proprietary food regulation.

When Is Proprietary Food Approval Required?

You must seek FSSAI Proprietary Food Approval if your product:

✔️ Contains novel or non-traditional ingredients
✔️ Makes health, disease prevention, or treatment claims
✔️ Is not listed in any existing FSSAI food category
✔️ Is packaged and branded with a unique name
✔️ Is intended for targeted use

Even if your product looks like a drink or bar, if it carries special claims, it needs approval.

📌 Example: A “gluten-free energy bar” may be okay — but an “anti-diabetic protein bar” requires approval.

3. Applicability & Scope of Proprietary Food Approval

Which Products Require Approval?

Here are common types of proprietary foods that need FSSAI clearance:

Product Type	Why It Needs Approval
Herbal/Herbal Extract Supplements	Novel ingredients; claims like “detoxifies liver”
Protein Shakes / Weight Gain Drinks	High protein + claims like “builds muscle”
Probiotic Yogurts / Fermented Foods	Claims like “gut health booster”
Immunity Boosters	Contain vitamins/minerals with immune claims
Fiber Supplements	Claims like “relieves constipation”
Energy Drinks	Stimulants (caffeine, taurine) + performance claims
Sports Nutrition Products	Performance enhancement, recovery support
Ayurvedic Tonics / Rasayanas	Traditional herbs with healing claims
Gluten-Free / Low-Carb Formulations	Marketed for specific diets (diabetes, celiac)

💡 Even if your product is “natural” or “organic,” if it makes specific health claims, it still needs approval.

Exemptions & Exceptions

Some products do not require proprietary food approval:

Regular packaged foods (e.g., biscuits, namkeens, juices) under standard categories
Basic spices, flours, oils
Packaged milk, curd, paneer (if no added claims)
Products with only generic statements like “nutritious” or “tasty”

But if your product says “low sugar,” “high protein,” or “good for heart health,” it may still trigger scrutiny.

✅ Rule of thumb: If your product makes a specific health benefit claim, assume you need approval.

Does It Apply to Imported Foods?

Yes — imported proprietary foods must also get FSSAI approval before being cleared at customs.

Importers must:

Submit application to FSSAI
Provide lab reports
Ensure labeling complies with Indian standards
Get prior approval before import

Failure to do so leads to product rejection, fines, or destruction at port.

🔍 Pro Tip: Always check the FSSAI Import List for approved foreign brands.

4. Benefits of Proprietary Food Approval

Getting approval isn’t just about avoiding penalties — it brings real advantages:

1. Legal Compliance & Business Protection

✅ Avoid fines, seizures, or shutdowns
✅ Operate with confidence under Indian law
✅ Prevent legal disputes with consumers or regulators

2. Consumer Trust & Credibility

When customers see “Approved by FSSAI” on packaging, they feel safer.

✅ Builds brand reputation
✅ Increases purchase intent
✅ Reduces complaints and returns

🎯 Consumers are more likely to buy products with official approvals.

3. Easier Market Access

With approval, you can:

Sell through e-commerce platforms (Amazon, Flipkart, Nykaa)
Supply to retail chains (Big Bazaar, Reliance Fresh)
Enter government tenders (school meals, hospital supplies)

Many buyers require FSSAI certification before listing your product.

4. Global Export Opportunities

FSSAI approval is often accepted as proof of quality by international markets.

✅ Helps export to UAE, Singapore, Nepal, Bhutan, and more
✅ Supports branding as “India-made, FSSAI-certified”

5. Better Funding & Investor Confidence

Investors love compliant businesses.

✅ Approval shows professionalism and due diligence
✅ Makes fundraising easier
✅ Attracts CSR partners and incubators

💼 Example: A startup with FSSAI-approved immunity drink raised ₹5 crore in seed funding — compared to ₹2 crore without approval.

5. Documents Required for Proprietary Food Approval

To apply, you’ll need to submit the following documents to FSSAI:

1. Application Form (Form A)

Available on FSSAI website
Must be filled correctly
Include business details, product name, ingredients, claims

🔗 Download: https://fssai.gov.in

2. Certificate of Incorporation

For companies: PAN card, GSTIN, MOA/AOA
For proprietorships: Aadhaar, PAN, shop act license
For LLPs: LLP Incorporation Certificate

3. FSSAI License or Registration

Must have valid FSSAI license (Central/State)
Renewal status must be active

4. Product Formula / Recipe

Detailed list of all ingredients and quantities
Include percentages (e.g., 5% ashwagandha extract)
Specify source (e.g., “Organic turmeric powder”)

5. Ingredient Specifications

For each ingredient:

Name (in English & Hindi)
Source (plant, animal, synthetic)
CAS number (if applicable)
Quantity per serving
Any allergens present

6. Lab Test Reports (Critical!)

Must be conducted by NABL-accredited labs (National Accreditation Board for Testing and Calibration Laboratories).

Reports required:

Microbial analysis (total plate count, coliforms, yeast/mold)
Heavy metal testing (lead, arsenic, cadmium)
Pesticide residue (if plant-based)
Additives & preservatives (if used)
Nutrient profile (protein, fat, carbs, calories)
Stability test (shelf-life data)

📌 Lab reports must be within 6 months of submission.

7. Label Mockup (Proof of Packaging)

Include:

Product name
Net weight
Ingredients list
Usage instructions
Claim statements (e.g., “Supports immunity”)
FSSAI logo (once approved)
Manufacturing & expiry dates
Manufacturer address

✏️ Note: Claims must not be exaggerated or misleading.

8. Statement of Claims (Scientific Justification)

For every health claim, provide:

Scientific evidence (studies, research papers)
Reference to clinical trials (if available)
Explanation of how the ingredient works

Example:
Claim: “Contains curcumin — reduces inflammation.”
Evidence: “Curcumin has been shown to inhibit NF-kB pathway (source: Journal of Medicinal Chemistry, 2019).”

9. Declaration of Non-Medicinal Intent

Even if your product has health benefits, you must declare:

“This product is not intended to diagnose, treat, cure, or prevent any disease.”

This is mandatory to avoid being classified as a drug.

10. Additional Documents (If Applicable)

Patent certificate (for unique formulations)
Trademark registration
Foreign manufacturer’s certificate (for imports)
No Objection Certificate (NOC) from local authorities

✅ Keep all documents scanned and ready — delays happen due to missing files.

6. Step-by-Step Process of Proprietary Food Approval

The entire process takes 30–60 days on average — depending on completeness and lab results.

Step 1: Register on FSSAI Portal

Go to: https://foscos.fssai.gov.in

Click “New User Registration” → Fill in business details → Create login.

Step 2: Select “Proprietary Food” Category

After login:

Go to “Application”
Choose “Proprietary Food” under “New Application”
Select your state and type of business

Step 3: Fill Out Form A

Complete all sections:

Business name, address, contact
Product name, category, pack size
Ingredients list (with %)
Health claims (be honest!)
Lab report upload (PDF format)
Label mockup (image/PDF)
Supporting documents (see above)

⚠️ Double-check spelling, numbers, and claims.

Step 4: Pay Application Fee

₹5,000 for Central FSSAI approval (valid for 5 years)
Payment via net banking, UPI, or credit card

💰 No hidden charges.

Step 5: FSSAI Review & Verification

Within 7–10 working days, FSSAI reviews your application.

They may:

Request clarifications
Ask for additional lab reports
Contact your lab for verification

Respond within 3–5 days to avoid delays.

Step 6: Field Inspection (If Required)

FSSAI may send an inspector to your factory/warehouse to verify:

Manufacturing setup
Hygiene practices
Storage conditions
Record-keeping

Be prepared with:

Production records
Quality control logs
Employee training certificates

📌 Most inspections take 1–2 days.

Step 7: Approval & Issuance of Certificate

If everything is correct:

You’ll receive FSSAI Proprietary Food Approval Certificate
Valid for 5 years
Can be renewed before expiry

📄 Certificate includes:

Product name

Formula

Claims allowed

FSSAI logo

Approval ID

Step 8: Update Labeling & Start Selling

Now you can:

Print labels with FSSAI approval number
Launch on e-commerce sites
Distribute to retailers
Advertise with approved claims

✅ Never use the word “medicine” or “cure” — even in ads.

✅ Get Your Proprietary Food Approved Today → Apply Now

7. Post-Approval Compliance

Approval doesn’t mean you’re done. You must stay compliant for 5 years.

1. Annual Reporting

File Annual Return on FSSAI portal by March 31st every year.

Includes:

Total production
Sales volume
New claims made
Lab tests conducted

2. Maintain Records

Keep copies of:

Lab reports (keep for 5 years)
Production logs
Complaints register
Customer feedback
Recall records (if any)

3. Monitor Labeling

Ensure labels remain accurate. If you change formula or claims:

Re-apply for approval
Do not make false claims

4. Handle Consumer Complaints

Set up a system to track and respond to:

Allergies
Digestive issues
Misleading claims

Respond within 7 days.

5. Renewal Before Expiry

Apply for renewal 6 months before expiry.

Process is faster than first-time approval.

❗ Failure to renew = product becomes illegal to sell.

8. Penalties for Non-Compliance

Ignoring proprietary food rules can cost you big time.

1. Fines

Up to ₹10 lakh for selling unapproved food
₹50,000 per violation (e.g., incorrect label, false claim)

2. Product Seizure

FSSAI or state inspectors can:

Confiscate stock
Destroy unsold items
Block online listings

3. Legal Action

Criminal prosecution under FSS Act, 2006
Directors can be imprisoned up to 3 years
Business license suspended

4. Brand Damage

Negative media coverage
Social media backlash
Loss of customer trust

📉 Example: A brand lost 60% of sales after being flagged for false “weight loss” claims.

5. Export Restrictions

Unapproved products cannot be exported — even to friendly countries.

✅ Stay compliant — it’s cheaper than facing consequences.

9. Common Mistakes to Avoid

Avoid these pitfalls during the application process:

Mistake	Risk	How to Fix
Using vague claims (“helps immunity”)	Rejected	Use scientific terms: “contains vitamin C – supports immune function”
Missing lab reports	Delay	Get NABL reports before applying
Wrong ingredient names	Rejected	Use IUPAC or INCI names
Copy-pasting from competitor labels	Legal risk	Create original, truthful labels
Not declaring non-medicinal intent	Classified as drug	Add disclaimer: “Not a medicine”
Applying with incomplete docs	Rejection	Prepare checklist before submission

✅ Pro Tip: Hire a food safety consultant — they reduce errors by 80%.

10. Role of Consultants in Proprietary Food Approval

You can do it yourself — but experts make it faster, safer, and smarter.

How Consultants Help

✅ Draft accurate applications
✅ Identify correct claims and wording
✅ Find NABL labs near you
✅ Prepare documentation package
✅ Handle inspections
✅ Renewal support
✅ Train staff on compliance

Why Hire One?

Saves 2–3 months of work
Reduces rejection rate
Ensures science-backed claims
Provides legal protection
Offers ongoing support

💡 Many consultants offer “Full Package: Approval + Label Design + Training” — ideal for startups.

✅ Get Expert Help with Proprietary Food Approval → Book a Free Consultation

11. FAQs on Proprietary Food Approval

Here are 15+ frequently asked questions:

Q1: Is proprietary food approval mandatory?

✅ Yes — under Section 22 of FSS Act, 2006.

Q2: How long does approval take?

⏱️ 30–60 days (after complete documents).

Q3: Can I apply for multiple products at once?

✅ Yes — one application can cover up to 5 products.

Q4: Can I sell before getting approval?

❌ No — it’s illegal. Risk of seizure and fines.

Q5: What if my product uses Ayurvedic herbs?

✅ Still needs approval — unless it’s in a traditional food category.

Q6: Are organic ingredients enough to skip approval?

❌ No — even organic products with claims need approval.

Q7: Can I change the formula after approval?

❌ Only if you re-apply. Changing formula = new evaluation.

Q8: What happens if I don’t renew?

🚫 Product becomes illegal. Fines and shutdown possible.

Q9: Can I export approved products?

✅ Yes — FSSAI approval is recognized internationally.

Q10: Do I need approval for private label brands?

✅ Yes — even if you’re just rebranding.

Q11: Can I use “natural” or “herbal” on labels?

✅ Yes — but only if true. Don’t exaggerate.

Q12: Is FSSAI approval valid nationwide?

✅ Yes — Central FSSAI approval covers all states.

Q13: Can I file online?

✅ Yes — 100% digital process via FSSAI portal.

Q14: What if my lab report fails?

❌ Re-test with another NABL lab. Submit updated report.

Q15: Can I get approval for imported products?

✅ Yes — but must meet Indian standards.

Q16: Is there a fee for renewal?

✅ ₹5,000 (same as first-time approval).

Q17: Can I appeal if rejected?

✅ Yes — file appeal within 30 days via FSSAI portal.

✅ Got more questions? We’re here to help.

💡 Get Your Proprietary Food Approved Today → Apply Now

12. Conclusion

You now know everything you need to know about Proprietary Food Approval.

Let’s recap:

✅ Proprietary food = branded, health-focused, non-standard food
✅ Approval is mandatory under FSSAI Act
✅ Requires lab reports, claims justification, labeling proof
✅ Takes 30–60 days with complete documents
✅ Carries heavy penalties if ignored
✅ Brings trust, market access, and investor confidence

Whether you’re launching a protein shake, immunity tonic, or functional snack, don’t skip approval.

It’s not just a legal formality — it’s a foundation for success.

🚀 Don’t risk your brand. Get approved today.

💡 Apply for Proprietary Food Approval Now → Click Here to Begin

BONUS: Quick Checklist for Success

✅ Gather all documents (PAN, GST, lab reports, label mockup)
✅ Use NABL-accredited lab
✅ Write clear, scientific claims
✅ Avoid words like “cure,” “treat,” or “medicine”
✅ Submit complete application
✅ Respond within 3 days to queries
✅ Renew 6 months before expiry
✅ Train team on compliance

✅ Get Your Proprietary Food Approved Today → Apply Now