• The act received the assent of the president on 23^rd August, 2006
• The act comes into force on 24^th August, 2006.
• It enacted by parliament in the 57^th year of the Republic of India
• Food Authority means the Food Safety and Standards Authority of India established under section 4.
• Food means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent, 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
• 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
• 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
• Commissioner of Food Safety means the Commissioner of Food Safety appointed under section 30
• Designated Officer means the officer appointed under section 36
• 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;
• 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;
• 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
• Food Analyst means an analyst appointed under section45.
• 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 recognized by the Food Authority under section 43.
• Food Safety Officer means an officer appointed under section 37
• Improvement notice means a notice issued under section 32 of FSS Act
• 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
• licence means a licence granted under section 31
• Prohibition order means an order issued under section 33 of FSS Act
• Tribunal means the Food Safety Appellate Tribunal established under section70
• State Government in relation to a Union territory means the Administrator of that Union territory appointed by the President under article 239 of the Constitution;
• Misbranded food (Section 3 (zf)):
  • “Misbranded food” means an article of food –
  • (A) If it is purported, or is represented to be, or is being –
  • (i) Offered or promoted for sale with false, misleading or deceptive claims either;
    • (a) Upon the label of the package, or
    •  (b) Through advertisement, or
  • (ii) Sold by a name which belongs to another article of food; or
  • (iii) offered or promoted for sale under the name of a fictitious individual or company as the manufacturer or producer of the article as borne on the package or containing the article or the label on such package; or
  • (B) if the article is sold in packages which have been sealed or prepared by or at the
  • instance of the manufacturer or producer bearing his name and address but –
  • (i) the article is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labeled so as to indicate its true character; or
  • (ii) the package containing the article or the label on the package bears any  Statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading in any material particular, or if the package is otherwise deceptive with respect to its contents; or
  • (iii) The article is offered for sale as the product of any place or country which is false; or
  • (C) If the article contained in the package –
    • (i) contains any artificial flavouring, colouring or chemical preservative and the packageis without a declaratory label stating that fact or is not labeled in accordance with the requirements of this Act or regulations made there under or is in contravention thereof; or
    • (ii) is offered for sale for special dietary uses, unless its label bears such information as may be specified by regulation, concerning its vitamins, minerals or other dietary properties in order sufficiently to inform its purchaser as to its value for such use; or
    • (iii) is not conspicuously or correctly stated on the outside thereof within the limits of variability laid down under this Act.

Sub-standard Food (Section 3 (zx)):

Sub-standard” an article of food shall be deemed to be sub-standard if it does not meet the specified standards but not so as to render the article of food unsafe

Unsafe food (Section 3 (zz))

Means an article of food whose nature, substance or quality is so affected as to render it injurious to health :—

(i) by the article itself, or its package thereof, which is composed, whether

wholly or in part, of poisonous or deleterious substance; or

(ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten,

decomposed or diseased animal substance or vegetable substance; or

(iii) by virtue of its unhygienic processing or the presence in that article of any  harmful substance; or

(iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or

(v) by addition of a substance directly or as an ingredient which is not permitted; or

(vi) by the abstraction, wholly or in part, of any of its constituents; or

(vii) by the article being so coloured, flavoured or coated, powdered or polished, as to damage or conceal the article or to make it appear better or of greater value than it really is; or

(viii) by the presence of any colouring matter or preservatives other than that specified in respect thereof; or

(ix) by the article having been infected or infested with worms, weevils, or insects; or

(x) by virtue of its being prepared, packed or kept under insanitary conditions; or

(xi) by virtue of its being mis-branded or sub-standard or food containing extraneous matter; or

(xii) by virtue of containing pesticides and other contaminants in excess of quantities specified by regulations.

• The Scientific Committee shall be responsible for providing the scientific opinions to the Food Authority

Function of Food Authority (Section 16)

• Food Authority to regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure safe and wholesome food.
• To specify the standards and guidelines in relation to articles of food and specifying an appropriate system for enforcing various standards
• To specify the limits for use of food additives, crop contaminants, pesticide residues, residues of veterinary drugs, heavy metals, processing aids, myco-toxins, antibiotics and pharmacological active substances and irradiation of food
• To specify the mechanisms and guidelines for accreditation of certification bodies  engaged in certification of food safety management systems for food businesses
• To specify the procedure and the enforcement of quality control in relation to any article of food imported into India;
• To specify  the procedure and guidelines for accreditation of laboratories and notification of the accredited laboratories;
• To specify  the method of sampling, analysis and exchange of information among enforcement authorities;
• To conduct survey of enforcement and administration of this Act in the country;
• To specify  food labeling standards including claims on health, nutrition, special dietary uses and food category systems for foods
• To specify the manner in which and the procedure subject to which risk analysis, risk assessment, risk communication and risk management shall be undertaken.
• It provide scientific advice and technical support to the Central Government and the State Governments

Role of Designated officer (Section 36(3)):

• to issue or cancel license of food business operator
• to prohibit the sale of any article of food which is in contravention of the provisions of FSS Act and rules and regulations
• to receive report and samples of article of foods from Food Safety Officer under his jurisdiction and get them analysed;
• to make recommendations within fourteen days to the Commissioner of Food Safety for sanction to launch prosecutions in case of contraventions punishable with imprisonment;
• to sanction or launch prosecutions in cases of contraventions punishable with fine;
• to maintain record of all inspections made by Food Safety Officers and action taken by them in the performance of their duties;
• to get investigated any complaint which may be made in writing in respect of any contravention of the provisions of FSS Act and the rules and regulations made there under;
• to investigate any complaint which may be made in writing against the Food Safety Officer; and
• to perform such other duties as may be entrusted by the Commissioner of Food Safety.
• The Designated Officer shall ensure timely disposal of redundant samples, in the manner notified for the seized materials, by the Commissioner of Food Safety.
• The Designated Officer shall have all administrative powers which may include suspension, cancellation or revocation of the license of the Food Business Operator in case any threat or grave injury to public has been noticed in the report of the Food Analyst.
• The accredited laboratory and Food analyst report is not meet, he shall send one part of the sample kept in his custody to referral laboratory for analysis, whose decision thereon shall be final (Section 47)

Role of Food safety Officer (Section 38):

• Take a sample
• Seize any article of food which appears to the Food Safety Officer to be in contravention of this Act or the regulations.
• Send the same for analysis to a Food Analyst with Form VI for the local area within which such sample has been taken
• While sample takes divide the sample into four parts and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression Of the  Person from whom the sample has been taken in such place and in such manner as may be prescribed by the Central Government: (Section 47)
• Give notice in writing of his intention to have it so analysed to the person from whom he has taken the sample and to the person Form V-A
• (i) Send one of the parts for analysis to the Food Analyst under intimation to the Designated Officer;
• (ii) Send two parts to the Designated Officer for keeping these in safe custody
• (iii) Send the remaining part for analysis to an accredited laboratory, if so requested by the food business operator, under intimation to the designated officer.
• When a sample of any article of food or adulterant is taken, the Food Safety Officer shall, by the immediate succeeding working day, send the sample to the Food Analyst for the area concerned for analysis and report

Role of Food Analyst (Section 46):

• The Food Analyst after receiving the sample from the Food Safety Officer shall analyse the sample and send the analysis report Form VII-A  mentioning method of sampling and analysis within fourteen days to Designated Officer with a copy to Commissioner of Food Safety. (Section 42(2))
• On receipt of a package containing a sample for analysis from a Food Safety Officer or any other person, the Food Analyst shall compare the seal on the Container and the outer cover with specimen impression received separately and shall note the conditions of the seal thereon
  • sample container received by the Food Analyst is found to be in broken condition or unfit for analysis, he shall within a period of seven days from the date of receipt of such sample inform the Designated Officer about the same and send requisition to him for sending second part of the sample
• The Food Analyst shall, within a period of fourteen days from the date of receipt of any sample for analysis
• When the sample received from FSO (Section 38 & 47) /DO, send the four copies of the report indicating the method of sampling and analysis to the DO.
• When the sample received from (Form V-B) purchaser (Section 40) a copy of the report indicating the method of sampling and analysis to the person who had purchased such article of food with a copy to the Designated Officer.
• The sample cannot be analyzed within fourteen days of its receipt, the Food Analyst shall inform the Designated Officer and the Commissioner of Food Safety giving reasons and specifying the time to be taken for analysis
• For import articles, FA shall send the report to authorized officer within a period of five days to the authorized officer.

Offences & Penalties:

Offences (Section 48 (1 &2) ;

• adding any article or substance to the food
• using any article or substance as an ingredient in the preparation of the food
• abstracting any constituents from the food
• subjecting the food to any other process or treatment, with the knowledge that it may be sold or offered for sale or distributed for human consumption
• to the probable cumulative toxic effects
• the information provided to the consumer concerning the avoidance of specific adverse health effects from a particular food
• the fact where the quality or purity of the article, being primary food, has fallen below the specified standard

Penalty (Section 49):

• Penalty for selling food not of the nature or substance or quality demanded – penalty not exceeding five lakh rupees (Sec-50).
• Penalty for sub-standard food – penalty which may extend to five lakh rupees   (Sec – 51).
• misbranded food – penalty which may extend to three lakh rupees.(Sec -52)
• misleading advertisement – may extend to ten lakh rupees.(Sec – 53)
• food containing extraneous matter – may extend to one lakh rupees. (Sec – 54)
• failure to comply with the directions of Food Safety Officer – may extend to two lakh rupees (Sec – 55).
• Unhygienic manufacturing of food- may extend to one lakh rupees ( sec – 56)
• possessing adulterant – (Section – 57)
  •  i) not injurious to health-penalty not exceeding two lakh rupees
  • II) Injurious to health – penalty not exceeding ten lakh rupees.
• Punishment for unsafe food – ( Section 59)
  • No Injury – imprisonment 0 – 6 months & fine which may extend to one lakh rupees
  • Non-grievous injury – imprisonment 0 – 12 months & fine which may extend to three lakh rupees
  • Grievous injury – imprisonment 0 – 6 years & fine which may extend to five lakh rupees
  • Death – imprisonment above 7 years or lifetime & fine which may extend to ten lakh rupees
• Interfering with seized items (Section -60)- imprisonment Zero to six months & also with fine which may extend to two lakh rupees.
• Punishment for false information (Section-61) – imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees.
• Punishment for obstructing or impersonating a Food Safety officer(Section-62)- imprisonment for a term which may extend to three months and also with fine which may extend to one lakh rupees
• Punishment for carrying out a business without licence (Section-63): imprisonment for a term which may extend to six months and also with a fine which may extend to five lakh rupees
• Punishment for subsequent offences (Section 64)
• Compensation in case injury of death of consumer(Section 65)-
  • Death – Not less than 5 lakhs ( within 30 days)
  • Grievous injury – Not more than 3 lakh (within 6months)
  • Other injury – Not more than one lakh
• Offences by companies(Section 66)
• 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 (Section 67)
  • Penalty made by Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and the Customs Act, 1962 (52 of 1962)
• Power of Central Government to make rules (Section 91):
  • salary, terms and conditions of service of Chairperson and Members other than ex officio Members under subsection (2) and the manner of subscribing to an oath of office and secrecy under sub-section (3) of section 7.
  • qualifications of Food Safety Officer under sub-section (1) of section 37
  • the manner of taking the extract of documents seized under sub-clause (8) of section 38
  • determination of cases for referring to appropriate courts and time-frame for such determination under sub-section (4) of section 42
  • qualifications of Food Analysts under section 45
  • the manner of sending sample for analysis and details of the procedure to be followed in this regard under subsection (1) of section 47
  • the procedure to be followed in adjudication of cases under sub-section (1) of section 68;
  • qualifications, terms of office, resignation and removal of Presiding Officer under sub-section (4), the procedure of appeal and powers of  Tribunal under sub-section (5) of section 70
  • any other matter relating to procedure and powers of Tribunal under clause (g) of sub-section (2) of section 71
  • the fee to be paid for preferring an appeal to the High Court under subsection (1) of section 76;
  • form and time of preparing budget under sub-section (1) of section 81
  • form and statement of accounts under sub-section (1) of section 83
  • the form and time for preparing annual report by Food Authority under sub-section (1) of section 84
  • any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules by the Central Government

Power of Food Authority to make regulations(Section 92):

• salaries and other conditions of service of officers and other employees of the Food Authority under sub-section (3) of section 9;
  • rules of procedure for transaction of business under subsection (5) of section 11
  • other functions of the Central Advisory Committee under sub-section (2) of section 12;
  • procedure of Scientific Committee and Panels under subsection (4) of section 15
  • notifying standards and guidelines in relation to articles of food meant for human consumption under sub-section (2) of section 16;
  • procedure to be followed by Food Authority for transaction of business at its meetings under sub-section (1) of section 17
  • making or amending regulations in view of urgency concerning food safety or public health under clause (d) of sub-section (2) of section 18
  • limits of additives under section 19
  • limits of quantities of contaminants, toxic substance and heavy metals, etc., under section 20
  • tolerance limit of pesticides, veterinary drugs residues, etc, under section 21;
  • the manner of marking and labeling of foods under section 23
  • form in which guarantee shall be given under sub-section (4) of section 26
  • conditions and guidelines relating to food recall procedures under subsection (4) of section 28;
  • regulations relating to functioning of Food Safety Officer under subsection (5) of section 29
  • notifying the registering authority and the manner of registration; the manner of making application for obtaining license, the fees payable therefore and the circumstances under which such license may be cancelled or forfeited under section 31;
  • the respective areas of which the Designated Officer shall be in-charge for food safety administration under subsection (1) of section 36
  • procedure in getting food analysed, details of fees etc., under sub-section (1) of section 40
  • functions, procedure to be followed by food laboratories under sub-section (3) of section 43
  • procedure to be followed by officials under sub-section (6) of section 47
  • financial regulations to be adopted by the Food Authority in drawing up its budget under sub-section (2) of section 81
  • issue guidelines or directions for participation in Codex Meetings and preparation of response to Codex matters
  • any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations
• Power of state government to make rules (Section 94).
• The Laws Cancelled after enforcement of FSS 2006, that are
  • The Prevention of Food Adulteration Act, 1954 (37 of 1954).
  • The Fruit Products Order, 1955.
  • The Meat Food Products Order, 1973.
  • The Vegetable Oil Products (Control) Order, 1947.
  • The Edible Oils Packaging (Regulation) Order, 1998.
  • The Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order, 1967.
  • The Milk and Milk Products Order, 1992.
  • Any other order issued under the Essential Commodities Act, 1955 (10 of 1955) relating to food.