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Contents FOOD SAFETY AND STANDARDS ACT, 2006 PAGE
CHAPTER I PRELIMINARY 1. Short title, extent and commencement
1
2. Declaration as to expediency of control by the Union
2
3. Definitions
2 CHAPTER II
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA 4. Establishment of Food Safety and Standards Authority of India
16
5. Composition of Food Authority and qualifications for appointment of its Chairperson and other Members
16
6. Selection Committee for selection of Chairperson and Members of Food Authority
17
7. Term of office, salary, allowances and other conditions of service of Chairperson and Members of Food Authority
18
8. Removal of Chairperson and Members of Food Authority
19
9. Officers and other employees of Food Authority
19
10. Functions of the Chief Executive Officer
19
11. Central Advisory Committee
20
12. Functions of Central Advisory Committee
21
13. Scientific Panels
21
14. Scientific Committee
22 I-5
CONTENTS
I-6 PAGE
15. Procedure for Scientific Committee and Scientific Panel
22
16. Duties and functions of Food Authority
23
17. Proceedings of Food Authority
25
CHAPTER III GENERAL PRINCIPLES OF FOOD SAFETY 18. General principles to be followed in administration of Act
28
CHAPTER IV GENERAL PROVISIONS AS TO ARTICLES OF FOOD 19. Use of food additive or processing aid
28
20. Contaminants, naturally occurring toxic substances, heavy metals, etc.
28
21. Pesticides, veterinary drugs residues, antibiotic residues and micro-biological counts
28
22. Genetically modified foods, organic foods, functional foods, proprietary foods, etc.
28
23. Packaging and labelling of foods
30
24. Restrictions of advertisement and prohibition as to unfair trade practices
30
CHAPTER V PROVISIONS RELATING TO IMPORT 25. All imports of articles of food to be subject to this Act
31
CHAPTER VI SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY 26. Responsibilities of the food business operator
31
27. Liability of manufacturers, packers, wholesalers, distributors and sellers
32
28. Food recall procedures
33 CHAPTER VII
ENFORCEMENT OF THE ACT 29. Authorities responsible for enforcement of Act
33
30. Commissioner of Food Safety of the State
34
31. Licensing and registration of food business
34
I-7
CONTENTS PAGE
32. Improvement notices
35
33. Prohibition orders
36
34. Emergency prohibition notices and orders
38
35. Notification of food poisoning
38
36. Designated Officer
38
37. Food Safety Officer
39
38. Powers of Food Safety Officer
39
39. Liability of Food Safety Officer in certain cases
41
40. Purchaser may have food analysed
41
41. Power of search, seizure, investigation, prosecution and procedure thereof
42
42. Procedure for launching prosecution
42
CHAPTER VIII ANALYSIS OF FOOD 43. Recognition and accreditation of laboratories, research institutions and referral food laboratory
43
44. Recognition of organisation or agency for food safety audit
43
45. Food Analysts
43
46. Functions of Food Analyst
43
47. Sampling and analysis
44 CHAPTER IX
OFFENCES AND PENALTIES 48. General provisions relating to offences
45
49. General provisions relating to penalty
47
50. Penalty for selling food not of the nature or substance or quality demanded
48
51. Penalty for sub-standard food
48
52. Penalty for misbranded food
49
53. Penalty for misleading advertisement
49
54. Penalty for food containing extraneous matter
50
55. Penalty for failure to comply with the directions of Food Safety Officer
50
56. Penalty for unhygienic or unsanitary processing or manufacturing of food
51
57. Penalty for possessing adulterant
51
CONTENTS
I-8 PAGE
58. Penalty for contraventions for which no specific penalty is provided
52
59. Punishment for unsafe food
52
60. Punishment for interfering with seized items
54
61. Penalty for false information
54
62. Punishment for obstructing or impersonating a Food Safety Officer
55
63. Penalty for carrying out a business without licence
55
64. Punishment for subsequent offences
56
65. Compensation in case of injury or death of consumer
56
66. Offences by companies
58
67. Penalty for contravention of provisions of this Act in case of import of articles of food to be in addition to penalties provided under any other Act
59
CHAPTER X ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL 68. Adjudication
60
69. Power to compound offences
60
70. Establishment of Food Safety Appellate Tribunal
61
71. Procedure and powers of Tribunal
61
72. Civil court not to have jurisdiction
62
73. Power of court to try cases summarily
62
74. Special courts and Public Prosecutor
63
75. Power to transfer cases to regular courts
63
76. Appeal
63
77. Time limit for prosecution
64
78. Power of court to implead manufacturer, etc.
64
79. Magistrate’s power to impose enhanced punishment
64
80. Defences which may or may not be allowed in prosecution under this Act
64
CHAPTER XI FINANCE, ACCOUNTS, AUDIT AND REPORTS 81. Budget of Food Authority
66
82. Finances of the Food Authority
67
83. Accounts and audit of Food Authority
67
84. Annual report of Food Authority
67
I-9
CONTENTS PAGE
CHAPTER XII MISCELLANEOUS 85. Power of Central Government to issue directions to Food Authority and obtain reports and returns
67
86. Power of Central Government to give directions to State Governments
68
87. Members, officers of Food Authority and Commissioner of Food Safety to be public servants
68
88. Protection of action taken in good faith
68
89. Overriding effect of this Act over all other food related laws
68
90. Transfer of existing employees of Central Government Agencies governing various food related Acts or Orders to Food Authority
68
91. Power of Central Government to make rules
69
92. Power of Food Authority to make regulations
70
93. Laying of rules and regulations before Parliament
71
94. Power of State Government to make rules
71
95. Reward by State Government
72
96. Recovery of penalty
72
97. Repeal and savings
72
98. Transitory provisions for food standards
73
99. Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act
73
100. Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
73
101. Power to remove difficulties
74
FIRST SCHEDULE
74
SECOND SCHEDULE
75
SUBJECT INDEX
77
FOOD SAFETY AND STANDARDS RULES, 2011 CHAPTER 1 GENERAL 1.1 Title and commencement
85
1.2 Definitions
86
CONTENTS
I-10 PAGE
CHAPTER 2 ENFORCEMENT STRUCTURE AND PROCEDURES 2.1 Qualification and duties
86
2.1.1 Commissioner of Food Safety
86
2.1.2 Designated Officer
87
2.1.3 Food Safety Officer
88
2.1.4 Food Analyst
91
2.2 Procedure of taking extracts of documents and matters connected therewith
92
2.2.1 Manner of taking extracts
92
2.2.2 Affidavit
93
2.3 Seizure of articles of food by the Food Safety Officer and matters connected therewith
93
2.3.1 Form of receipt for article of food seized by a Food Safety officer
93
2.3.2 Form of order/bond not to dispose of the stock
93
2.4 Sampling and Analysis
93
2.4.1 Procedure for taking sample and manner of sending it for analysis
93
2.4.2 Analysis of food samples by Food Analyst
97
2.4.3 Action by Designated Officer on the report of Food Analyst
98
2.4.4 Purchasers may have the food analysed
99
2.4.5 Food business operator’s right to have the food analysed
99
2.4.6 Appeal to the Designated Officer
100
2.5 Nomination by the company in the prescribed proforma
100
CHAPTER 3 ADJUDICATION AND APPEAL TO TRIBUNAL 3.1 Adjudication proceedings
101
3.1.1 Holding of inquiry
101
3.1.2 Order of the Adjudicating Officer and matters relating thereto
103
3.2 Appellate Tribunal
104
3.2.1 Qualification and terms of office of Presiding Officer of an Appellate Tribunal
104
3.2.2 Terms and conditions of service of Presiding Officer
104
I-11
CONTENTS PAGE
3.3 Procedure for Appeal to Appellate Tribunal and Connected matters therewith
106
3.3.1 Appeal to Appellate Tribunal
106
3.3.2 General matters relating to Appellate Tribunal
108
3.3.3 Powers and functions of the Registrar and related matters
112
3.3.4 Orders of Appellate Tribunal and related matters
113
FORM I:
Form of Affidavit
114
FORM II:
Seizure Memo
115
FORM III:
Form of Order of Seizure
116
FORM IV:
Form of Surety Bond
117
FORM VA:
Form of Notice to the Food Business Operator
118
FORM VB:
Form of Notice to be given by Purchaser
118
FORM VI:
Memorandum to Food Analyst
119
FORM VIIA: Report of the Food Analyst
120
FORM VIII: Form of Appeal before the Designated Officer
121
FORM IX:
Form of Nomination
121
FORM X:
Form of Appeal
122
FORM XI:
Certificate of Analysis by the Referral Food Laboratory
124
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA (SALARIES, ALLOWANCE AND OTHER CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS) RULES, 2008 1. Short title and commencement
126
2. Definitions
126
3. Salaries and allowances
127
4. Leave
127
5. Provident Fund
127
6. Travelling allowance and daily allowance
127
7. Domestic official tours
127
8. Leave Travel Concession
128
9. Medical treatment
128
CONTENTS
I-12 PAGE
10. Official visits abroad
128
11. Conveyance facility
128
12. Accommodation
128
13. Retirement from Government service
128
14. Meeting allowance to a member
129
15. Conveyance allowance to a member
129
16. Oath of office and secrecy
129
17. Interpretation
129
18. Residuary provision
129
19. Power to relax
129
FORM I: F orm of Oath of Office for the Chairperson and Members of the Food Safety and Standards Authority of India
129
FORM II: Form of Oath of Secrecy for the Chairperson and Members of the Food Safety and Standards Authority of India
130
Food Safety and Standards Act, 2006 (34 OF 2006)1 An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the Food Safety and Standards Act, 2006. (2) It extends to the whole of India. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed 1. Dated 23-8-2006. 2. Notification No. S.O. 1758(E), dated 15-10-2007: In exercise of the powers conferred by sub-section (3) of section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoints the 15th day of October, 2007, as the day on which the provisions of sections 4 to 10 (both inclusive), sections 87, 88, 91 and 101 of the said Act shall come into force. Notification No. S.O. 1246(E), dated 28-5-2008: In exercise of the powers conferred by sub-section (3) of section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoints the 28th day of May, 2008, as the day on which the provisions of section 3 and section 30 of the said Act shall come into force. Notification No. S.O. 2127(E), dated 28-8-2008: In exercise of the powers conferred by sub-section (3) section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoints the 28th day of August, 2008, as the date on which the provisions of section 90 of the said Act shall come into force. (Contd. on pg. 2)
1
S. 3
FOOD SAFETY AND STANDARDS ACT, 2006
2
for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Declaration as to expediency of control by the Union. 2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the food industry. Definitions. 3. (1) In this Act, unless the context otherwise requires,—
3
(a) “adulterant” means any material which is or could be employed for making the food unsafe or sub-standard or mis-branded or containing extraneous matter; (b) “advertisement” means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents;
(Contd. from pg. 1)
Notification No. S.O. 2678(E), dated 18-11-2008: In exercise of the powers conferred by sub-section (3) of section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoints the 18th day of November, 2008, as the day on which the provisions of Sections 16 to 18 (both inclusive), 81, 82, 83, 84, 85, 86, 92 and 93 of the said Act shall come into force. Notification No. S.O. 650(E), dated 9-3-2009: In exercise of the powers conferred by sub-section (3) of section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoints the 9th day of March, 2009, as the day on which the provisions of sections 11 to 15 (both inclusive) of the said Act shall come into force. Notification No. S.O. 1575(E), dated 29-6-2009: In exercise of the powers conferred by sub-section (3) of Section 1 of the Food Safety and Standard Authority Act, 2006 (34 of 2006), the Central Government hereby appoints the 29th June, 2009, as the date on which the provisions of section 99 of the said Act shall come into force. Notification No. S.O. 1868(E), dated 31-7-2009: In exercise of the powers conferred by sub-section (3) of section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoints the 31st day of July, 2009, as the day on which the provisions of sections 36 to 47 of the said Act shall come into force. Notification No. S.O. 1855(E), dated 29-7-2010: In exercise of the powers conferred by sub-section (3) of Section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoints the 29th day of July, 2010 as the day on which the provisions of sections 19 to 21 (both inclusive), sections 23 to 29 (both inclusive), sections 31 to 35 (both inclusive), Sections 48 to 80 (both inclusive), section 89, sections 94 to 98 (both inclusive) and section 100 of the said Act, shall come into force. Notification No. S.O. 2038(E), dated 18-8-2010: In exercise of the powers conferred by sub-section (3) of section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoints the 18th day of August, 2010 as the day on which the provisions of section 22 (except in respect of matters relating to the genetically engineered or modified food as explained in clause (2) of the Explanation) of the said Act, shall come into force. Notification No. S.O. 4601(E), dated 2-11-2021: In exercise of the powers conferred by sub-section (3) of section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoint the 02.day of November, 2021, as the day on which the provision of clause (2) of Explanation of Section 22 of the said Act, shall come into force. 3. Enforced with effect from 28-5-2008.
3
FOOD SAFETY AND STANDARDS ACT, 2006
S. 3
(c) “Chairperson” means the Chairperson of the Food Authority; (d) “claim” means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or otherwise; (e) “Commissioner of Food Safety” means the Commissioner of Food Safety appointed under section 30; (f) “consumer” means persons and families purchasing and receiving food in order to meet their personal needs; (g) “contaminant” means any substance, whether or not added to food, but which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination and does not include insect fragments, rodent hairs and other extraneous matter; (h) “Designated Officer” means the officer appointed under section 36; (i) “extraneous matter” means any matter contained in an article of food which may be carried from the raw materials, packaging materials or process systems used for its manufacture or which is added to it, but such matter does not render such article of food unsafe; (j) “food” means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances: Provided that the Central Government may declare, by notification in the Official Gazette, any other article as food for the purposes of this Act having regards to its use, nature, substance or quality; (k) “food additive” means any substance not normally consumed as a food by itself or used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food results, or may be reasonably expected to result (directly or indirectly), in it or its by-products becoming a component of or otherwise affecting the characteristics of such food but does not include “contaminants” or substances added to food for maintaining or improving nutritional qualities; (l) “Food Analyst” means an analyst appointed under section 45;
S. 3
FOOD SAFETY AND STANDARDS ACT, 2006
4
(m) “Food Authority” means the Food Safety and Standards Authority of India established under section 4; (n) “food business” means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients; (o) “food business operator” in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder; (p) “food laboratory” means any food laboratory or institute established by the Central or a State Government or any other agency and accredited by National Accreditation Board for Testing and Calibration Laboratories or an equivalent accreditation agency and recognised by the Food Authority under section 43; (q) “food safety” means assurance that food is accept able for human consumption according to its intended use; (r) “food safety audit” means a systematic and functionally independent examination of food safety measures adopted by manufacturing units to determine whether such measures and related results meet with objectives of food safety and the claims made in that behalf; (s) “Food Safety Management System” means the adoption of Good Manufacturing Practices, Good Hygienic Practices, Hazard Analysis and Critical Control Point and such other practices as may be specified by regulation, for the food business; (t) “Food Safety Officer” means an officer appointed under section 37; (u) “hazard” means a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect; (v) “import” means bringing into India any article of food by land, sea or air; (w) “improvement notice” means a notice issued under section 32 of this Act; (x) “infant food” and “infant milk substitute” shall have the meanings assigned to them in clauses (f) and (g) of sub-section (1) of section 2 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992), respectively; (y) “ingredient” means any substance, including a food additive used in the manufacture or preparation of food and present in the final product, possibly in a modified form; (z) “label” means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on or attached to container, cover, lid or crown of any food package and includes a product insert;
FOOD SAFETY AND STANDARDS ACT 2006 WITH RULES – BARE ACT WITH SECTION NOTES AUTHOR PUBLISHER DATE OF PUBLICATION EDITION ISBN NO NO. OF PAGES BINDING TYPE
: : : : : : :
TAXMANN'S EDITORIAL BOARD TAXMANN DECEMBER 2025 2026 EDITION 9789371265805 144 PAPERBACK
Rs. 195
DESCRIPTION Food Safety and Standards Act 2006 with Rules [Bare Act with Section Notes] by Taxmann is a precise and practitioner-oriented compilation of India's core legislation on food safety, quality control, hygiene standards, licensing, imports, enforcement, offences, and adjudication. The 2026 Edition presents: � The complete, amended text of the Food Safety and Standards Act 2006 (FSS Act) � The Food Safety and Standards Rules 2011 � The FSSAI (Salaries, Allowances and Other Conditions of Service of Chairperson and Members) Rules 2008 � All amendments, including the Jan Vishwas (Amendment of Provisions) Act 2023, and updates available up to date Section Notes accompany the statutory text to clarify definitions, procedures, and legal implications—enhancing usability for interpretation, compliance, and academic reference. This book is intended for the following audience: � Legal Practitioners & Litigators � Government Authorities & Enforcement Officers � Food Business Operators (FBOs) � Compliance Teams & Quality Assurance Professionals � Academicians, Researchers & Students � Industry Consultancies, Risk Advisors & Policy Analysts The Present Publication is the 2026 Edition, covering the amended and updated text of the Food Safety and Standards Act [Act No. 34 of 2006] and Rules, with the following noteworthy features: • [Complete & Updated Bare Act Text] Covers all amendments, notifications, and statutory schedules • [Pre-amendment Provisions] Footnotes reproduce earlier versions of amended sections to assist in understanding historical applicability • [Detailed Section Notes] Clear explanations of definitions, scope, procedures, and legal consequences • [Coverage of Applicable Rules] o FSS Rules 2011 (sampling, seizure, analysis, adjudication) o FSSAI Service Rules 2008 • [Structured Table of Contents & Subject Index] Enables efficient navigation across sections, rules, definitions, and enforcement mechanisms • [Procedural Clarity] Includes prescribed formats for notices, affidavits, seizure memos, appeal forms, and certificates (Forms I–XI) • [Practical Utility for Enforcement Officers & FBOs] Guidance on licensing, improvement notices, sampling, search and seizure, penalties, appeals, and administrative procedures • [Penalty-linked Interpretive Notes] Reflect updated penalties and decriminalisation measures under the Jan Vishwas Act 2023
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