Public welfare has always been at the heart of food safety regulation, driven by the guiding principle of ‘duty of care.’ The Food Safety and Standards Act, 2006 (hereafter referred to as ‘the Act’) establishes the framework for a science-based, risk-proportionate system. This system governs the entire spectrum of food-related activities, including manufacturing, processing, storage, distribution, sale, and import of food products. The Act’s broad scope encompasses processed, partially processed, and unprocessed substances meant for human consumption, as well as primary food, genetically modified food, infant food, packaged drinking water, alcoholic beverages, and even chewing gum. It also extends to substances such as water used during the manufacture or preparation of foodstuff [Section 3(1)(j)].
The compliance framework is extensive, covering cultivators, ingredient suppliers, manufacturers, processors, importers, distributors, e-commerce entities, quick-commerce intermediaries, retailers, dark stores, online marketplaces, and any intermediaries involved until the final delivery. Recent raids highlight the intricate ecosystem behind every meal, shaped by decisions often unseen by consumers.
Manufacturing Facilities
Producers and manufacturers have faced scrutiny for failures in hygiene, pest control, use of expired or rejected materials, and inadequate segregation of raw materials and finished goods. Investigations have also extended to alcoholic beverage manufacturers and distributors regarding flavoring substances and additives.
Hospitality Industry
Restaurants and hotels have been inspected for storing expired ingredients, fungal growth, cross-contamination, improper labeling, and unhygienic kitchen conditions, underscoring the compliance standards expected across the entire hospitality sector.
Stockists, Retailers, and Warehouses
Food traders and importers have come under the spotlight for storage conditions, pest infestations, expired or damaged stock, and inadequate pest control systems.
Quick-Commerce Platforms and E-Commerce Operators
These platforms face scrutiny over inventory management, especially concerning hyperlocal deliveries and customer grievance mechanisms.
The Legal Landscape
The Act is supported by the Food Safety and Standards Rules, 2011, product-specific regulations, notifications, directions, and advisories. Administered by the Food Safety and Standards Authority of India (FSSAI) and State Food Authorities, the Act empowers authorities to inspect, sample, and seize products for quality checks [Sections 38, 41, 32(3)]. Misleading claims can lead to action under Sections 23 and 24, while product composition issues may invoke Sections 19, 20, 21, and 22. Non-compliance with import standards prompts action under Section 25, with stricter measures for unsafe or sub-standard food under Sections 26 and 27. Curable deficiencies are addressed through ‘Improvement Notices’ under Section 32, and unsafe articles must be recalled as per Section 28.
Serious violations can result in penalties or prosecution under Chapter IX and Section 42, while minor offenses may be compounded under Section 69, except those with prescribed imprisonment. Actions must be proportionate to identified deficiencies, as highlighted in cases like Pind Punjab v. Union of India and Hotel Pawan Bar & Restaurant v. State of Maharashtra.
Interlinkage with Other Regimes
The food safety framework’s wide scope activates compliance obligations under other regulatory regimes. For example, labeling violations under the FSS framework may also breach the Legal Metrology Act, 2009, or the Consumer Protection Act, 2019. Industries might benefit from integrating FSSAI compliance into a comprehensive matrix across related regulatory regimes.
Packaging and Labelling Mandates
The Legal Metrology Act, 2009, and the Legal Metrology (Packaged Commodities) Rules, 2011, require declarations such as net quantity, MRP, and consumer-care details. These rules align with FSSAI regulations, as exemplified by a case involving imported Guylian chocolates detained at ICD Dadri for non-compliance with packaging regulations. The Delhi High Court allowed the labeling defect to be rectified by affixing a non-detachable label in the customs warehouse for clearance.
Customs Law and Import Procedures
All food imports are subject to the Act, with FSSAI’s Food Import Clearance System integrated with Customs ICEGATE under the SWIFT framework. In one instance, customs clearance was denied for imported lactic cultures due to labeling issues, but the court directed FSSAI to issue an NOC after confirming compliance with existing standards.
Environmental and Waste Management Laws
Guidelines for lawful disposal of seized, expired, or recalled food must align with State Pollution Control Boards. Expired or contaminated products require approved disposal methods like incineration or composting.
Advertising Regulations and Misbranding
Claims about nutritive benefits, purity, origin, or performance under FSSAI regulations can trigger action under consumer protection laws, as seen in a case where a product was misbranded as an ‘ORS,’ potentially confusing consumers.
Regulations for E-Commerce Platforms and Intermediaries
E-commerce platforms must ensure marketplace disclosures, hygiene grading, product information, and shelf-life details. They must also delist non-compliant products and ensure delivery hygiene, among other requirements.
Overarching General Compliances
Concomitant obligations arise under company laws and GST classification, and businesses must obtain necessary municipal health permits. A holistic compliance playbook involves establishing inspection protocols and traceability systems, curating a list of FSS compliant vendors, and fostering a culture of accountability throughout the food ecosystem.
By embedding accountability, transparency, and responsive governance into the food supply chain, the industry can better serve the ‘duty of care’ with integrity.
About the Authors: Krithika Jaganathan is a Partner, Vishal Sundar M.V. is a Principal Associate, and Nirupama Shankar is a Senior Associate at Lakshmikumaran & Sridharan Attorneys.
Disclaimer: The opinions expressed in this article are those of the authors and do not necessarily reflect the views of Bar & Bench.
