Food Safety and Standards Act, 2006, Rules and Regulations
This domain is the legal core of the FSO post: who may do what, on what evidence, under which section, and with what penalty.
The players
- FSSAI (Section 4) frames regulations and sets standards; its functions are listed in Section 16.
- The State Commissioner of Food Safety (Section 30) appoints Designated Officers and Food Safety Officers district-wise.
- The Designated Officer issues or cancels licences, receives the FSO's report and adjudicates; prosecution is launched separately under Section 42.
- Section 26 lists FBO responsibilities: no unsafe, substandard or misbranded food, hygiene per Schedule 4, traceability, recall.
Powers and sequence
- Section 31: registration for petty businesses, licence above the threshold.
- Section 32 improvement notice; Section 33 prohibition order where non-compliance continues.
- Section 47 sampling: the sample is divided, marked and sealed, written notice (Form VA) is served, and a part goes to the notified Food Analyst, whose report (Form VB) is the basis of action. The FSO does not decide guilt.
- Penalties: substandard food - fine up to ₹5 lakh (Section 51); misleading advertisement - up to ₹10 lakh (Section 52); business without licence - Section 63; an adulterant likely to cause death or grievous hurt - minimum 7 years and ₹10 lakh fine (Section 59).
- Appeals lie to the Food Safety Appellate Tribunal; adjudication under Section 68 is by an officer of the rank the State prescribes.
Worked example
Chilli powder contains Rhodamine B, a colour not permitted in any food. It is not merely substandard: the colour is an adulterant, so the case is drawn under Section 59, not Section 51, and the report plus the FSO's evidence must show the colour was present in the food as sold.
Traps
- Treating a surveillance sample as prosecution evidence.
- Saying the FSO can compound or settle the offence.
- Confusing the Designated Officer's adjudication with a criminal trial.