Safeguarding the Plate: An In-Depth Examination of the Food Safety and Standards Act, 2006 in India

This study investigates the impact of India’s Food Safety and Standards Act of 2006 (FSSA) on the nation’s food industry and food safety landscape. The FSSA, which consolidated prior legislation under the Food Safety and Standards Authority of India (FSSAI), aimed to guarantee access to safe and wholesome food for all citizens and align Indian standards with international norms.

This analysis examines the FSSA’s core components, including its science-based regulations, licensing protocols, product standards, enforcement strategies, and consumer protection measures. The study critically evaluates the legal penalties associated with the FSSA, particularly those related to severe violations resulting in death.

Furthermore, it assesses the FSSA’s successes and shortcomings, focusing on implementation challenges and weaknesses that undermine its effectiveness. Obstacles such as insufficient resources, corruption, and a lack of stakeholder awareness are explored. Ultimately, the study proposes specific recommendations to fortify India’s food safety system through enhanced enforcement, improved public awareness initiatives, and increased regulatory transparency. These recommendations seek to ensure the FSSA effectively safeguards public health and cultivates a flourishing and secure food sector.

Introduction

India’s food sector experienced a major transformation with the Food Safety and Standards Act (FSSA) of 2006. The Indian government introduced this law to consolidate numerous older food regulations into a unified, science-based system. The FSSA focused on protecting public health and ensuring access to safe, high-quality food. A key component was the establishment of the Food Safety and Standards Authority of India (FSSAI), responsible for overseeing food safety across all stages, including manufacturing, storage, distribution, sales, and imports.

Goals and Main Elements of the FSSA

The core aim of the FSSA is to ensure access to safe and nutritious food while safeguarding community health. The Act incorporates several essential components:

• Establishment of the FSSAI: The Act created the FSSAI as the principal agency responsible for establishing and enforcing food safety regulations across India. The FSSAI sets guidelines, monitors compliance, and provides expert advice on food safety issues.
• Integration of Food Regulations: The FSSA unified fragmented and outdated food laws into a single, coherent framework, eliminating inconsistencies, streamlining processes, and setting clear standards for food businesses. This repealed laws like the Meat Food Products Order (1973), the Fruit Products Order (1955), and the Prevention of Food Adulteration Act (1954).
• Evidence-Based Regulations: The Act establishes food safety standards based on scientific evidence and risk assessments, ensuring regulations protect public health effectively.
• Food Business Licensing and Registration: All Food Business Operators (FBOs) involved in producing, processing, storing, distributing, or selling food must obtain a license or registration from the FSSAI, ensuring compliance with safety standards.
• Control of Food Items: The FSSAI sets standards for food products, including limits for additives, contaminants, toxins, and residues, and governs labelling and packaging to provide accurate consumer information.
• Monitoring and Consequences: The FSSA establishes a robust enforcement system, with Food Safety Officers authorized to inspect facilities, collect samples, and take legal action against non-compliant FBOs. Penalties include fines and imprisonment for various violations.
• Safeguarding Consumers: The Act prioritizes protecting consumers from food-related risks, offering provisions for product recalls, compensation for injuries or deaths caused by unsafe food, and mechanisms for addressing consumer complaints.
• Improving Public Health: By regulating food safety and quality, the FSSA reduces foodborne illnesses and enhances public health.
• Alignment with International Norms: The Act aligns India’s food safety regulations with global standards, facilitating trade and enhancing the reputation of Indian food products worldwide.

Enforcement Authorities Under the Act

The Food Safety and Standards Act (FSSA) of 2006 consolidated outdated food legislation into a unified framework, streamlining regulatory processes and setting clear standards for Food Business Operators (FBOs)—entities involved in any stage of the food chain. Most violations under the FSSA are non-cognizable and bailable, but serious breaches, particularly those under Section 59 (Punishment for unsafe food) causing grievous injury or death, are classified as cognizable and non-bailable, reflecting their severe impact on public health.

Enforcement is primarily handled by the Food Authority and State Food Safety Authorities, which monitor FBO compliance through comprehensive systems involving public communication, surveillance, and ongoing monitoring. Food Safety Officers serve as frontline enforcers within their jurisdictions, with duties outlined in regulations. Higher authorities, such as the Commissioner of Food Safety and Designated Officers, share the same powers and follow identical procedural guidelines.

Cognizable Offences

Cognizable offences allow police to arrest suspects without a warrant and initiate investigations without judicial approval. Under the FSSA, manufacturing, selling, importing, distributing, or storing unsafe food that causes death is a cognizable, non-bailable offence. Per Section 59(iv), such violations carry a minimum seven-year imprisonment, potentially extending to life, and a fine of at least ten lakh rupees. This classification underscores the severe consequences of distributing adulterated or hazardous food resulting in fatalities, enabling swift law enforcement action.

Non-Bailable Offences

Non-bailable offences, such as those under Section 59(iv), do not automatically qualify for bail, with decisions left to the court’s discretion. These strict penalties deter severe food contamination and negligence.

Other Offences and Penalties Under the FSSA

• Section 50: Selling food not meeting required standards for nature, substance, or quality incurs a fine of up to five lakh rupees.
• Section 51: Substandard food items result in a fine of up to five lakh rupees.
• Section 52: Mislabelled or misbranded food items may lead to a fine of up to three lakh rupees.
• Section 53: False or misleading food advertisements incur a fine of up to ten lakh rupees.
• Section 54: Food containing undesired or foreign substances results in a fine of up to one lakh rupees.
• Section 56: Using unhygienic procedures during manufacturing or processing incurs a fine of up to one lakh rupees.
• Section 57: Possessing an adulterant:
  • If not harmful to health (Section 57(i)): A fine of up to two lakh rupees.
  • If harmful to health (Section 57(ii)): A fine of up to ten lakh rupees and life imprisonment.
• Section 59 – Punishment for unsafe food:
  • Unsafe food not causing injury (Section 59(i)): Up to three months imprisonment and a fine of up to three lakh rupees.
  • Unsafe food causing non-grievous injury (Section 59(ii)): Up to one year imprisonment and a fine of up to three lakh rupees.
  • Unsafe food causing grievous injury (Section 59(iii)): Up to six years imprisonment and a fine of up to five lakh rupees.
  • Unsafe food causing death (Section 59(iv)): Life imprisonment and a fine of up to ten lakh rupees.
• Section 60: Tampering with seized items incurs up to six months imprisonment and a fine of up to two lakh rupees.
• Section 63: Operating a food business without a license results in a fine of up to ten lakh rupees.
• Section 65: Compensation for consumers injured or killed by unsafe food: at least ₹5 lakh for death, up to ₹3 lakh for grievous injury, and up to ₹1 lakh for other injuries.

Primary Role of Food Safety Officers (FSOs)

Under the Food Safety and Standards Act (FSSA), 2006, Food Safety Officers (FSOs) are the primary authority designated to lodge complaints and conduct investigations. Their responsibilities include:

• Inspecting establishments
• Taking samples
• Seizing non-compliant products
• Initiating legal proceedings for offences under the FSSA
• Collecting evidence and arranging laboratory analysis of samples
• Preparing detailed reports

FSOs file complaints before the appropriate Adjudicating Officer or Special Court, depending on the severity of the violation. They, along with higher-ranking officers like the Designated Officer or Commissioner of Food Safety, oversee the prosecution process. Section 77 of the FSSA restricts courts from taking cognizance of an offence after one year from its commission, though this period can be extended to three years by the Commissioner.

Role of Police

The police do not serve as the primary investigators for offences under the FSSA and generally lack independent authority to investigate such matters. The Supreme Court’s ruling in Ram Nath v. The State of Uttar Pradesh & Ors. (2024 INSC 138) affirmed that food-related offences must be handled within the FSSA framework, rather than under the general food-related sections of the Indian Penal Code (IPC) or the Bharatiya Nyaya Sanhita (BNS).

However, police involvement is crucial in severe cases, particularly those involving death due to unsafe food as specified in Section 59(iv) of the FSSA, which is classified as a cognizable and non-bailable offence. In such instances, the police are authorized to register a First Information Report (FIR) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The police’s role is largely supportive, including:

• Assisting FSOs in conducting raids
• Maintaining public order during enforcement actions
• Apprehending suspects
• Investigating overlapping general criminal offences, such as fraud or conspiracy

However, the ultimate prosecution for core food safety violations must proceed under the FSSA, not under the IPC or BNS, even with police assistance.

Supreme Court Clarification

The significant Supreme Court decision in Ram Nath v. State of Uttar Pradesh & Ors. (2024 INSC 138) settled long-standing jurisdictional overlaps. The Court held that Section 59 of the FSSA prevails over IPC Sections 272 and 273 (now Sections 274 and 275 of the BNS) in cases of contaminated food. It reaffirmed that the FSSA is a self-contained code with more stringent provisions, barring simultaneous prosecution under both statutes for the same offence. Section 89 of the FSSA explicitly overrides other laws, including the IPC/BNS, for food safety offences.

Impact of the FSSA on the Food Industry

The FSSA’s enforcement has significantly impacted the Indian food industry by:

• Incentivizing food business operators to prioritize food safety and hygiene
• Increasing regulatory scrutiny through mandatory licensing and registration
• Reducing confusion with a single regulatory agency (FSSAI)
• Strengthening consumer rights with transparent complaint procedures
• Encouraging consumer preference for safe and high-quality food products

Challenges include the need for significant time and financial investment for compliance, improved food testing facilities, and ongoing education for small and medium-sized enterprises.

Adjudication of Offences

< p>Under Section 68 of the FSSA, the State Government appoints an Adjudicating Officer (not lower than a District Magistrate) to handle cases of non-compliance. The officer ensures a fair hearing, conducts inquiries, and imposes penalties based on the offence’s nature. The Adjudicating Officer has the powers of a civil court, and proceedings are deemed judicial under Sections 229 and 267 of the BNS and Sections 384 and 385 of the BNSS. Penalties must comply with Section 49 of the FSSA.

Compounding of Offences

Under Section 69, the Commissioner of Food Safety may authorize a Designated Officer to allow compounding of minor offences by petty manufacturers, retailers, hawkers, itinerant vendors, and temporary stall holders. The payment, not exceeding ₹1 lakh, leads to the discharge of the suspect, with no further proceedings for that offence. Offences with imprisonment cannot be compounded.

Food Safety Appellate Tribunal

Section 70 mandates the establishment of Food Safety Appellate Tribunals to hear appeals against Adjudicating Officers’ decisions. Each Tribunal consists of a Presiding Officer (a sitting or former District Judge). The Central or State Government defines the Tribunal’s jurisdiction and prescribes the appeal process.

No Authority of Civil Courts

Section 72 bars civil courts from hearing cases or issuing injunctions on matters under the Adjudicating Officer or Tribunal’s jurisdiction.

Special Court Procedures

Section 75 allows Special Courts to transfer cases beyond their jurisdiction to regular courts under the BNSS. Section 76 outlines that appeals against Special Court decisions can be made to the High Court within 45 days, with provisions for delayed appeals if justified.

Limitation on Prosecution

Section 77 prohibits prosecution after one year from the offence’s commission, extendable to three years with the Commissioner’s written justification.

Directive Power of the Central Government

Section 86 allows the Central Government to issue binding directions to State Governments to enforce the FSSA’s provisions.

Public Servants and Good Faith

Section 87 designates Food Authority officers and others acting under the FSSA as public servants under Section 2(28) of the BNS. Section 88 protects actions taken in good faith from legal action.

Overriding Effect of the FSSA

Section 89 ensures that the FSSA prevails over any inconsistent food-related laws.

Rule-Making Power of State Government

Under Section 94 of the Food Safety and Standards Act, 2006, State Governments are empowered to issue regulations through the Official Gazette, provided they have been published and approved by the Food Authority. These regulations, overseen by the Central Government and Food Authority, enable the State Commissioner and Food Safety to effectively carry out their duties under this Act.

Specifically, these regulations cover:

• The Commissioner’s duties (as per Section 30(2)(f)).
• Establishment of reward systems for detecting offences and apprehending offenders (under Section 95).
• Other areas where the State Government is authorized to create rules.

All state regulations must be presented to the state legislature (both Houses if bicameral). If requested, a concise explanation detailing the rationale, objectives, drafting process, and guiding principles for any new, altered, or repealed rules must be provided.

State Government Rewards

Under Section 95, the State Government authorizes the Food Safety Commissioner to offer rewards to individuals assisting in detecting offences or apprehending offenders. These rewards are funded and disbursed as prescribed by the State Government.

Penalty Recovery

Section 96 stipulates that unpaid penalties imposed under this Act are recoverable as outstanding land revenue. The offender’s license remains suspended until the penalty is fully paid.

Milk Products and Milk Regulations

To consolidate and enforce regulations for milk products and milk, the Food Authority issues the Food Safety Standards and (Milk and Milk Products) Regulations, 1992, under Section 99. These regulations, created with the Central Government’s prior consent and upon prior publication, aim to achieve the Act’s objectives.

Power to Remove Difficulties

Under Section 101, the Central Government may issue orders via the Official Gazette to address implementation challenges. These orders must align with the Act’s provisions and are limited to resolving difficulties. No such orders can be issued after three years from the Act’s commencement. All orders must be presented to both Houses of Parliament promptly.

Literature Review

India’s public and economic public health demands stringent food safety policies. The Food Safety and Standards Act (FSSA), 2006, transformed India’s food industry with a comprehensive, science-based regulatory framework. This review explores the FSSA’s implications, challenges, and future prospects, including the role of the Food Safety and Standards Authority of India (FSSAI).

Loopholes in the Food Safety and Standards Act, 2006

Despite its transformative intent, the FSSA faces operational, structural, funding, and operational challenges. Below are key loopholes:

Addressing these gaps requires improved infrastructure, regulatory clarity, education, and judicial efficiency to ensure public health and a safer food ecosystem.

ConclusionThe Food Safety and Standards Act, 2006, revolutionized India’s food regulations by consolidating rules, adopting a science-based approach, and establishing the FSSAI. It significantly enhanced food safety and consumer protection. While most violations incur fines, severe offences, such as unsafe food causing death, are punishable and non-bailable. Continuous focus on enforcement, closing legal loopholes, capacity building, and public education is vital to ensure safe and nutritious food for all Indians.