What is an adulterant?

Section 3(1)(a) defines an adulterant as any material which is or could be employed for making food unsafe, sub-standard, misbranded or containing extraneous matter.

What is a 'claim' under the Food Safety and Standards Act?

Under section 3(1)(d), a claim is a representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or otherwise.

Section 3(1)(f) defines a consumer as persons and families purchasing and receiving food in order to meet their personal needs.

What is a contaminant?

Section 3(1)(g) broadly covers a substance present in food as a result of production, manufacture, processing, preparation, treatment, packing, packaging, transport, holding or environmental contamination, while excluding insect fragments, rodent hairs and other extraneous matter.

What is extraneous matter?

Section 3(1)(i) describes extraneous matter as matter contained in food which may be carried from raw materials, packaging materials or process systems, or added to it, but which does not render the food unsafe.

What is 'food' under the Act?

Section 3(1)(j) defines food broadly as a substance, whether processed, partly processed or unprocessed, intended for human consumption. It includes specified categories such as primary food, genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum and water used in manufacture or preparation, subject to the exclusions and notification power stated in the section.

What is a food additive?

Section 3(1)(k) defines a food additive as a substance not normally consumed as food by itself or used as a typical ingredient, the intentional addition of which for a technological purpose results or may reasonably be expected to result in it or its by-products becoming a component of, or otherwise affecting, the characteristics of food. The definition excludes contaminants and substances added for maintaining or improving nutritional qualities.

What is a food business?

Section 3(1)(n) covers any undertaking, whether for profit or not and whether public or private, carrying out activities at any stage of manufacture, processing, packaging, storage, transportation, distribution or import of food, and includes food services, catering, sale of food and food ingredients.

Who is a Food Business Operator (FBO)?

Section 3(1)(o) defines a Food Business Operator as the person by whom the food business is carried on or owned and who is responsible for ensuring compliance with the Act, rules and regulations.

What is a food laboratory?

Under section 3(1)(p), a food laboratory includes a laboratory or institute established by the Central or State Government or another agency, accredited by NABL or an equivalent accreditation agency and recognised by the Food Authority under section 43.

Section 3(1)(q) defines food safety as assurance that food is acceptable for human consumption according to its intended use.

What is a food safety audit?

Section 3(1)(r) describes a food safety audit as a systematic and functionally independent examination of food-safety measures adopted by manufacturing units to determine whether those measures and related results meet food-safety objectives and related claims.

What is a Food Safety Management System?

Section 3(1)(s) refers to 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 a food business.

Section 3(1)(u) defines a hazard as a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect.

Section 3(1)(x) adopts the meanings assigned to 'infant food' and 'infant milk substitute' in the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

Updated: 1 September 2026

Food Safety and Standards Act, 2006: FSSAI Licence, Unsafe Food, Labelling, Search, Seizure and Prosecution

This updated guide explains important definitions under the Food Safety and Standards Act, 2006, food additives, unsafe food, packaging and labelling, misleading advertisements, imports, the 2026 FSSAI licensing reforms, Food Safety Officer powers, and the law relating to search, seizure, investigation and prosecution.

Important 2026 licensing update: From 1 April 2026, FSSAI revised the turnover thresholds to Registration up to ₹1.5 crore, State Licence above ₹1.5 crore and up to ₹50 crore, and Central Licence above ₹50 crore. The 2026 amendment also introduced perpetual validity of licences/registrations and a risk-based inspection framework, subject to applicable operational requirements and FoSCoS compliance.

Food Safety and Standards Act: 35 Updated Questions and Answers

S.No.	Legal Term / Question	Updated Answer
1	What is an adulterant?	Section 3(1)(a) defines an adulterant as any material which is or could be employed for making food unsafe, sub-standard, misbranded or containing extraneous matter.
2	What is a 'claim' under the Food Safety and Standards Act?	Under section 3(1)(d), a claim is a representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or otherwise.
3	Who is a consumer?	Section 3(1)(f) defines a consumer as persons and families purchasing and receiving food in order to meet their personal needs.
4	What is a contaminant?	Section 3(1)(g) broadly covers a substance present in food as a result of production, manufacture, processing, preparation, treatment, packing, packaging, transport, holding or environmental contamination, while excluding insect fragments, rodent hairs and other extraneous matter.
5	What is extraneous matter?	Section 3(1)(i) describes extraneous matter as matter contained in food which may be carried from raw materials, packaging materials or process systems, or added to it, but which does not render the food unsafe.
6	What is 'food' under the Act?	Section 3(1)(j) defines food broadly as a substance, whether processed, partly processed or unprocessed, intended for human consumption. It includes specified categories such as primary food, genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum and water used in manufacture or preparation, subject to the exclusions and notification power stated in the section.
7	What is a food additive?	Section 3(1)(k) defines a food additive as a substance not normally consumed as food by itself or used as a typical ingredient, the intentional addition of which for a technological purpose results or may reasonably be expected to result in it or its by-products becoming a component of, or otherwise affecting, the characteristics of food. The definition excludes contaminants and substances added for maintaining or improving nutritional qualities.
8	What is a food business?	Section 3(1)(n) covers any undertaking, whether for profit or not and whether public or private, carrying out activities at any stage of manufacture, processing, packaging, storage, transportation, distribution or import of food, and includes food services, catering, sale of food and food ingredients.
9	Who is a Food Business Operator (FBO)?	Section 3(1)(o) defines a Food Business Operator as the person by whom the food business is carried on or owned and who is responsible for ensuring compliance with the Act, rules and regulations.
10	What is a food laboratory?	Under section 3(1)(p), a food laboratory includes a laboratory or institute established by the Central or State Government or another agency, accredited by NABL or an equivalent accreditation agency and recognised by the Food Authority under section 43.
11	What is food safety?	Section 3(1)(q) defines food safety as assurance that food is acceptable for human consumption according to its intended use.
12	What is a food safety audit?	Section 3(1)(r) describes a food safety audit as a systematic and functionally independent examination of food-safety measures adopted by manufacturing units to determine whether those measures and related results meet food-safety objectives and related claims.
13	What is a Food Safety Management System?	Section 3(1)(s) refers to 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 a food business.
14	What is a hazard?	Section 3(1)(u) defines a hazard as a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect.
15	What is infant food?	Section 3(1)(x) adopts the meanings assigned to 'infant food' and 'infant milk substitute' in the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
16	Who is a manufacturer?	Section 3(1)(zd) includes a person engaged in manufacturing food for sale and also a person who obtains the article from another person and packs and labels it for sale, or only labels it for that purpose.
17	What is a package?	Section 3(1)(zh) defines package to include a pre-packed box, bottle, casket, tin, barrel, case, pouch, receptacle, sack, bag, wrapper or other thing in which an article of food is packed.
18	What is primary food?	Section 3(1)(zk) defines primary food as produce of agriculture, horticulture, animal husbandry, dairying or aquaculture in its natural form, resulting from growing, raising, cultivation, picking, harvesting, collection or catching, in the hands of a person other than a farmer or fisherman.
19	What is risk analysis?	Section 3(1)(zn) states that risk analysis consists of three components: risk assessment, risk management and risk communication.
20	What is a substance?	Section 3(1)(zw) provides that substance includes natural or artificial substance or other matter, whether solid, liquid, gas or vapour.
21	What is unsafe food?	Section 3(1)(zz) covers food whose nature, substance or quality is so affected as to render it injurious to health, including because of poisonous or deleterious substances, putrid or diseased matter, unhygienic processing, prohibited additions, abstraction of constituents, deceptive colouring or treatment, impermissible preservatives, infestation, insanitary conditions, misbranding or sub-standard quality, extraneous matter, or excess pesticides and contaminants, as specified by law.
22	When may food additives or processing aids be used?	Section 19 prohibits a food article from containing a food additive or processing aid unless it complies with the Act and applicable regulations. The detailed permitted additives, limits and conditions are found in the Food Safety and Standards regulations currently in force.
23	What are the current rules for food packaging and labelling?	Section 23 prohibits manufacture, distribution, sale or delivery of packaged food that is not marked and labelled as prescribed, and prohibits false or misleading statements. Current detailed labelling requirements are primarily governed by the Food Safety and Standards (Labelling and Display) Regulations, 2020, as amended, together with the Food Safety and Standards (Packaging) Regulations, 2018 where applicable.
24	What restrictions apply to misleading food advertisements and unfair trade practices?	Section 24 prohibits misleading or deceptive food advertisements and unfair or deceptive trade practices, including false representations about standard, quality, quantity or composition and unsupported guarantees of efficacy. Where a defence relies on adequate scientific justification for such a guarantee, the statutory burden lies on the person raising that defence.
25	What restrictions apply to food imports?	Section 25 prohibits import of unsafe, misbranded or sub-standard food, food containing extraneous matter, food imported without a required licence or contrary to licence conditions, and food imported in violation of the Act, rules, regulations or other applicable law. Food imports are also subject to FSSAI's Import Regulations and customs procedures.
26	Who must obtain FSSAI registration or a licence in 2026?	Section 31 requires food businesses to operate under the applicable registration or licence framework. From 1 April 2026, FSSAI's revised turnover thresholds are: Registration for turnover up to ₹1.5 crore; State Licence for turnover above ₹1.5 crore and up to ₹50 crore; and Central Licence for turnover above ₹50 crore. Separate activity, capacity, location or category criteria may still require a particular licence regardless of turnover, so FoSCoS eligibility should be checked.
27	Where is an application for FSSAI registration or licence filed?	Applications are now made through FSSAI's official Food Safety Compliance System (FoSCoS). Section 31 provides the statutory licensing framework, while the Licensing and Registration Regulations prescribe the application procedure, authority, documents and conditions.
28	What changed in FSSAI licensing in 2026?	The Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2026 introduced major reforms including perpetual validity of licences and registrations, deemed registration for eligible street-food vendors already registered under the Street Vendors Act, a risk-based inspection and audit framework, and power to specify revised turnover thresholds. FSSAI's implementation orders and FoSCoS announcements should be checked for operational requirements.
29	Is one licence sufficient for multiple food articles or premises?	Licence requirements depend on the premises, kind of business, products, capacities and regulatory category. A single licence may cover more than one food product at the same licensed premises where the applicable regulations and FoSCoS eligibility permit, but separate premises or activities can require separate licences or endorsements.
30	On what grounds may a food licence be refused?	Under section 31, the competent authority may refuse a licence where satisfied that refusal is necessary in the interest of public health. The applicant must be given an opportunity of being heard and reasons must be recorded in writing.
31	Must an order refusing a food licence give reasons?	Yes. Section 31 requires reasons for refusal to be recorded in writing and a copy of the order to be made available to the applicant.
32	Where can an applicant appeal against refusal of an FSSAI licence?	Section 31(8) provides an appeal against rejection of an application for grant of licence to the Commissioner of Food Safety. The appeal should comply with the applicable Rules, Regulations and prescribed procedure.
33	What is an emergency prohibition notice and order?	Section 34 allows the Designated Officer, where a health-risk condition exists in relation to a food business, to serve an emergency prohibition notice and apply to the Commissioner of Food Safety for a prohibition order. The statutory notice and hearing framework in section 34 must be followed.
34	What powers does a Food Safety Officer have?	Section 38 authorises a Food Safety Officer, subject to statutory safeguards, to take samples, seize food believed to contravene the Act or regulations, enter and inspect relevant premises, deal with perishable unsafe food, seize adulterants and specified records, obtain witnesses and send samples for analysis. Books and documents are subject to additional approval and return requirements stated in the section.
35	What is the law on search, seizure, investigation and prosecution?	Section 41 authorises search and seizure where there is reasonable doubt that food or an adulterant is involved in an offence and requires the Food Safety Officer to inform the Designated Officer in writing. Sections 38(5) and 41(2) still contain textual references to the Code of Criminal Procedure, 1973. Since the CrPC was repealed from 1 July 2024 by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023, current procedural questions must be considered with the BNSS repeal-and-savings provisions, transitional law and binding judicial interpretation rather than assuming the old Code continues to govern every new proceeding.

Current FSSAI licensing position in 2026

The Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2026 made major changes to the licensing framework. FSSAI's official implementation material states that licences and registrations now have perpetual validity, subject to compliance, risk-based inspection and other regulatory requirements. Street-food vendors already registered under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 may receive deemed registration in the circumstances specified by FSSAI. Applications, renewals, modifications, annual returns and status tracking are handled through the official FoSCoS platform.

Labelling and food-safety regulations

Section 23 of the Act operates together with the Food Safety and Standards (Labelling and Display) Regulations, 2020, as amended. FBOs should also check the applicable Packaging Regulations, Food Product Standards and Food Additives Regulations, Contaminants, Toxins and Residues Regulations, Advertising and Claims Regulations, and other product-specific regulations. FSSAI regularly issues amendments and Gazette notifications, so the current consolidated regulations and the underlying Gazette notifications should be checked before compliance decisions are made.

Search and seizure after commencement of BNSS

Sections 38(5) and 41(2) of the Food Safety and Standards Act continue to contain textual references to the Code of Criminal Procedure, 1973. The CrPC was repealed from 1 July 2024 by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to savings for pending proceedings and other transitional matters. Accordingly, a present-day procedural question should be considered with the statutory text of the FSS Act, BNSS section 531, applicable rules and binding judicial interpretation.

Official legal and FSSAI links

For current compliance, use the Food Safety and Standards Authority of India, the official FSSAI Regulations page, the FoSCoS licensing and registration portal, and India Code for the central statutory text.

Disclaimer: This page provides general legal information. Food-law compliance depends on the product, kind of business, turnover, production capacity, premises, licence category, applicable FSSAI regulation, Gazette notification and facts of the case. Always verify the latest official notification before acting.