{"id":21983,"date":"2026-04-14T05:24:00","date_gmt":"2026-04-14T05:24:00","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=21983"},"modified":"2026-04-14T05:30:11","modified_gmt":"2026-04-14T05:30:11","slug":"sop-for-investigation-of-offences-under-the-food-safety-and-standards-act-2006","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/sop-for-investigation-of-offences-under-the-food-safety-and-standards-act-2006\/","title":{"rendered":"SOP for Investigation of Offences Under the Food Safety and Standards Act, 2006"},"content":{"rendered":"
    \n
  1. Introduction<\/strong><\/li>\n<\/ol>\n

    The Food Safety and Standards Act, 2006 (FSS Act) consolidates laws relating to food safety and establishes the Food Safety and Standards Authority of India (FSSAI). Investigations under the Act are primarily technical and scientific in nature, relying on laboratory analysis rather than oral evidence. The objective is to ensure food articles conform to prescribed standards and are free from adulteration, misbranding, or contaminants. Effective enforcement requires close coordination among Food Safety Officers (FSOs), Designated Officers (DOs), Food Analysts, and the Commissioner of Food Safety.<\/p>\n

      \n
    1. Initiation of Investigation<\/strong><\/li>\n<\/ol>\n

      Investigations may be initiated through:<\/p>\n

        \n
      • Routine inspections of Food Business Operators (FBOs).<\/li>\n
      • Consumer complaints regarding food quality or food-borne illness.<\/li>\n
      • Intelligence or surveillance reports indicating large-scale adulteration (e.g., in milk, spices, ghee, or sweets).\u00a0<\/strong><\/li>\n<\/ul>\n
          \n
        1. Powers and Role of the Food Safety Officer (FSO)<\/strong><\/li>\n<\/ol>\n

          Under Sections 38, 41 and 42<\/strong>, the FSO is the primary investigative authority. Their powers include:<\/p>\n

            \n
          • Taking samples of any food or substance intended for human consumption.<\/li>\n
          • Seizing any food article that appears to be in contravention of the Act.<\/li>\n
          • Entering and searching any place where food is manufactured, stored, or exhibited for sale.<\/li>\n
          • Stopping any vehicle carrying food articles.\u00a0<\/strong><\/li>\n<\/ul>\n
              \n
            1. Detailed Sampling Procedure (The Core Evidence)<\/strong><\/li>\n<\/ol>\n

              The entire validity of any enforcement action or prosecution under the Food Safety and Standards Act, 2006 depends on strict adherence to the sampling procedure prescribed under Section 47 of the Act read with the Food Safety and Standards (Laboratory and Sample Analysis) Regulations, 2011.<\/p>\n

              The sample and analyst report constitute primary documentary evidence, and any procedural lapse may vitiate prosecution.<\/p>\n

              Key Mandatory Steps<\/strong><\/p>\n

                \n
              • Notice of Intent: <\/strong>The Food Safety Officer (FSO) must first serve a written notice in Form V-A to the Food Business Operator (FBO), informing them of the intention to take a sample for analysis. The FBO (or their representative) must acknowledge the notice. If the FBO refuses to acknowledge, the signatures of two independent witnesses must be obtained.<\/li>\n
              • Division of Sample: <\/strong>The sample must be divided into four representative parts as soon as possible, preferably at the premises of the FBO. Each part must be of sufficient quantity for complete analysis.<\/li>\n
              • Sealing and Labelling: <\/strong>Each of the four parts must be properly sealed, fastened, and labelled in the presence of the FBO and witnesses. The label must contain all prescribed details (including code number, serial number, date, etc.). The signature or thumb impression of the FBO (or two witnesses if the FBO refuses) must be obtained on each label and wrapper.<\/li>\n
              • Preparation of Sampling Memo \/ Panchnama (Mahazar):<\/strong> The Food Safety Officer (FSO) shall prepare a detailed Sampling Memo (Panchnama\/Mahazar) at the spot, documenting the entire sampling process, including the description of the food article, quantity taken, condition of the premises, and steps followed during sampling.<\/li>\n<\/ul>\n

                The document must be signed by the Food Business Operator (FBO) or their representative and at least two independent witnesses. In case of refusal by the FBO, the same shall be recorded, and signatures of witnesses shall be obtained. This document forms a crucial contemporaneous record to support the integrity and legality of the sampling process.<\/p>\n

                  \n
                • Distribution of the Four Parts<\/strong>\n
                    \n
                  • Part 1: <\/strong>Sent to the notified Food Analyst along with a copy of the memorandum in Form VI for analysis.<\/li>\n
                  • Parts 2 & 3: <\/strong>Sent to the Designated Officer (DO) for safe custody. These parts are retained for possible re-analysis (e.g., in case the first report is challenged or referred to a Referral Food Laboratory).<\/li>\n
                  • Part 4: <\/strong>This part (along with a copy of the memorandum in Form VI) shall be sent to an NABL-accredited laboratory (or any laboratory authorised by the Food Authority) only if the FBO specifically requests it in writing, along with the prescribed fee. The request must be made at the time of sampling. If the FBO does not make such a request, the fourth part shall also be deposited with the Designated Officer for safe custody.<\/em><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n

                    Simple Table\/Visual Flow<\/strong><\/p>\n\n\n\n\n\n\n\n
                    \n

                    Sample Part<\/strong><\/p>\n<\/td>\n

                    		\n

                    Sent To<\/strong><\/p>\n<\/td>\n

                    		\n

                    Purpose<\/strong><\/p>\n<\/td>\n<\/tr>\n

                    \n

                    Part 1<\/p>\n<\/td>\n

                    		\n

                    Food Analyst<\/p>\n<\/td>\n

                    		\n

                    Primary analysis<\/p>\n<\/td>\n<\/tr>\n

                    \n

                    Part 2<\/p>\n<\/td>\n

                    		\n

                    Designated Officer<\/p>\n<\/td>\n

                    		\n

                    Appeal\/re-test<\/p>\n<\/td>\n<\/tr>\n

                    \n

                    Part 3<\/p>\n<\/td>\n

                    		\n

                    Designated Officer<\/p>\n<\/td>\n

                    		\n

                    Referral lab<\/p>\n<\/td>\n<\/tr>\n

                    \n

                    Part 4<\/p>\n<\/td>\n

                    		\n

                    NABL Lab (on request)<\/p>\n<\/td>\n

                    		\n

                    Independent analysis<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

                    Additional Mandatory Requirements<\/strong><\/p>\n

                      \n
                    • The FSO must pay the FBO the prevailing market rate for the sample taken.<\/li>\n
                    • If the FBO exercises their right to use an NABL lab, the FSO must ensure the sample is sent under official seal to maintain the legal “chain of custody.<\/li>\n
                    • Proper preservatives (if required) must be added, and their nature and quantity must be clearly mentioned on the label.<\/li>\n
                    • Chain of custody and integrity of the sample must be maintained at every stage.<\/li>\n<\/ul>\n

                      This four-part sampling protocol\u2014conducted in the presence of witnesses and properly documented, sealing in the presence of witnesses, and documented distribution process is designed to ensure transparency, fairness, and reproducibility. Any material deviation from this procedure can render the sample inadmissible or weaken the case significantly during adjudication or court proceedings.\u00a0<\/strong><\/p>\n

                        \n
                      1. Seizure and Search (Section 38, 41 & 42)<\/strong><\/li>\n<\/ol>\n
                          \n
                        • Documentation:<\/strong> If a food article is seized because it is unsafe, the FSO must issue a Receipt of Seizure<\/strong> in the prescribed format.<\/li>\n
                        • Perishable Goods:<\/strong> If the seized food is highly perishable and unfit for consumption, the FSO may destroy it after giving notice and taking photographs\/samples.<\/li>\n
                        • Safe Custody:<\/strong> Non-perishable seized goods are kept in the custody of the FBO or a third party after taking a Bond<\/strong>.\u00a0<\/strong><\/li>\n<\/ul>\n
                            \n
                          1. Analysis and Report<\/strong><\/li>\n<\/ol>\n
                              \n
                            • The Food Analyst must analyze the sample and deliver the report within 14 days<\/strong>.<\/li>\n
                            • The report will categorize the food as: Substandard, Misbranded, Containing Extraneous Matter, or Unsafe.<\/strong>\u00a0<\/strong><\/li>\n<\/ul>\n
                                \n
                              1. Sanction for Prosecution (Section 42)<\/strong><\/li>\n<\/ol>\n

                                The procedure for launching prosecution is governed by Section 42<\/strong> of the Food Safety and Standards Act, 2006. Upon receiving the Food Analyst\u2019s report (which must be sent within 14 days of receiving the sample), the following steps are mandatory:<\/p>\n

                                  \n
                                • Submission by FSO<\/strong>: The Food Safety Officer (FSO) forwards the investigation file, including the Analyst\u2019s report, to the Designated Officer (DO)<\/strong>.<\/li>\n
                                • Scrutiny by Designated Officer<\/strong>: The Designated Officer examines the report and determines whether the contravention is punishable with fine only<\/strong> (adjudication before the Adjudicating Officer) or with imprisonment<\/strong> (court prosecution).<\/li>\n
                                • Decision and Timeline<\/strong>\n
                                    \n
                                  • If the offence is punishable with fine only<\/strong>, the Designated Officer is empowered to sanction or launch the adjudication proceedings.<\/li>\n
                                  • If the offence is punishable with imprisonment<\/strong>, the Designated Officer must send his recommendations<\/strong> to the Commissioner of Food Safety<\/strong> for sanction to prosecute within 14 days<\/strong> from the date of scrutiny of the Analyst\u2019s report.<\/li>\n
                                  • The Commissioner of Food Safety shall, if he so deems fit, decide within the period prescribed by the Central Government<\/strong> (as per the gravity of the offence) whether the matter should be referred to a court of ordinary jurisdiction or a Special Court. The Commissioner then communicates his decision<\/strong> (granting or refusing sanction) to the Designated Officer and the concerned Food Safety Officer. Commissioner\u2019s decision period is governed by Rule\u202f3.1.1 of the Food Safety and Standards Rules,\u202f2011.<\/em><\/li>\n<\/ul>\n<\/li>\n
                                  • Launching of Prosecution<\/strong>: Once sanction is received, the Food Safety Officer (or authorized officer) launches prosecution before the Court of ordinary jurisdiction or the Special Court, as the case may be.<\/li>\n<\/ul>\n

                                    Key Point<\/strong>: While the Act mandates a timeline for the Designated Officer<\/strong> (14 days to send recommendations), it does not<\/strong> prescribe a fixed number of days for the Commissioner of Food Safety<\/strong> to communicate the final decision. The Commissioner is required to decide \u201cwithin the period prescribed by the Central Government\u201d depending on the gravity of the offence. No specific number of days has been notified by the Central Government so far in the Rules. However, courts have emphasized that the overall procedure under Section 42 must be followed diligently, and undue delay can be challenged.\u00a0<\/strong><\/p>\n

                                      \n
                                    1. Adjudication and Trial<\/strong><\/li>\n<\/ol>\n

                                      The Food Safety and Standards Act, 2006 provides a two-track mechanism for dealing with contraventions, depending on the nature and gravity of the offence (as determined by the Designated Officer under Section 42):<\/p>\n

                                        \n
                                      • Adjudication (Civil Penalty Proceedings): <\/strong>For offences involving sub-standard food (Section 51) or misbranded food (Section 52), which are generally punishable with fine\/penalty only, the case is referred to the Adjudicating Officer. The Adjudicating Officer (usually an officer not below the rank of Additional District Magistrate of the concerned district, notified by the State Government under Section 68) conducts an inquiry in accordance with the principles of natural justice. Upon finding the Food Business Operator guilty, the Adjudicating Officer may impose a monetary penalty (up to \u20b95 lakh for sub-standard food and up to \u20b93 lakh for misbranded food) and may also direct corrective actions or destruction of the product.<\/li>\n
                                      • Criminal Prosecution (Trial): <\/strong>For unsafe food (Section 59), which is punishable with imprisonment (and fine), the matter requires sanction for prosecution under Section 42.\n
                                          \n
                                        • If the offence does not result in injury or results in non-grievous injury, the case is typically tried by a court of ordinary jurisdiction (Judicial Magistrate or Metropolitan Magistrate).<\/li>\n
                                        • In cases involving grievous injury or death, the case is filed before a Special Court (constituted under Section 74, where established). If no Special Court exists, it is tried by a court of ordinary jurisdiction. The punishment can range from imprisonment up to 6 months (no injury) to imprisonment for life (in case of death), along with substantial fines.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n

                                          Key Distinction: <\/strong>Adjudication proceedings are quasi-civil in nature and focus on monetary penalties, while criminal prosecution involves a full trial before a criminal court with the possibility of imprisonment. The Designated Officer plays a crucial role in deciding the appropriate track after scrutinizing the Food Analyst\u2019s report.<\/p>\n

                                          This graded approach ensures proportionality \u2014 minor labelling or quality issues are handled through adjudication, while serious public health risks attract criminal liability.\u00a0<\/strong><\/p>\n

                                            \n
                                          1. Comprehensive Investigative & Forensic Checklist<\/strong><\/li>\n<\/ol>\n

                                            The checklist given below serves as the final validation for the Food Safety Officer (FSO) before the case file is submitted to the Designated Officer (DO).<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n
                                            \n

                                            Category<\/strong><\/p>\n<\/td>\n

                                            		\n

                                            Action & Verification<\/strong><\/p>\n<\/td>\n

                                            		\n

                                            Mandatory Requirement \/ Legal Reference<\/strong><\/p>\n<\/td>\n<\/tr>\n

                                            \n

                                            Witness Management<\/p>\n<\/td>\n

                                            		\n

                                            Secure at least two independent witnesses. Record their Aadhaar\/ID details and contact numbers.<\/p>\n<\/td>\n

                                            		\n

                                            Section 47(1); Transparency in Seizure.<\/p>\n<\/td>\n<\/tr>\n

                                            \n

                                            Notice & Intent<\/p>\n<\/td>\n

                                            		\n

                                            Verify service of Form V-A. If refused, ensure witness signatures are obtained on the refusal memo.<\/p>\n<\/td>\n

                                            		\n

                                            Section 47(1)(a); Procedural Fairness.<\/p>\n<\/td>\n<\/tr>\n

                                            \n

                                            Sampling Integrity<\/p>\n<\/td>\n

                                            		\n

                                            Confirm four-part division, secure sealing with official wax\/tape, and FBO\u2019s signatures on the seals.<\/p>\n<\/td>\n

                                            		\n

                                            FSS (Lab & Analysis) Reg. 2011.<\/p>\n<\/td>\n<\/tr>\n

                                            \n

                                            Cold Chain Audit<\/p>\n<\/td>\n

                                            		\n

                                            For perishables, extract Digital Temperature Logs from transport\/storage IoT sensors. Document transit temp.<\/p>\n<\/td>\n

                                            		\n

                                            Silent Witness Protocol (Admissibility of forensic data).<\/p>\n<\/td>\n<\/tr>\n

                                            \n

                                            Digital Evidence<\/p>\n<\/td>\n

                                            		\n

                                            Capture high-resolution photos\/videos of unhygienic conditions and the sampling process.<\/p>\n<\/td>\n

                                            		\n

                                            Section 63, BSA 2023 (Certificate for electronic records).<\/p>\n<\/td>\n<\/tr>\n

                                            \n

                                            Traceability<\/p>\n<\/td>\n

                                            		\n

                                            Seize invoices, Batch Numbers, and FSSAI License copies to link the sample to the manufacturer.<\/p>\n<\/td>\n

                                            		\n

                                            Section 38; Establishing the “Chain of Liability.”<\/p>\n<\/td>\n<\/tr>\n

                                            \n

                                            Market Rate Receipt<\/p>\n<\/td>\n

                                            		\n

                                            Ensure the FBO was paid the prevailing market rate for the sample and a receipt was issued.<\/p>\n<\/td>\n

                                            		\n

                                            Section 47(1)(c).<\/p>\n<\/td>\n<\/tr>\n

                                            \n

                                            Preservative Log<\/p>\n<\/td>\n

                                            		\n

                                            If preservatives were added, specify the nature and quantity clearly on all four labels.<\/p>\n<\/td>\n

                                            		\n

                                            Rule 2.3.1, FSS Rules 2011.<\/p>\n<\/td>\n<\/tr>\n

                                            \n

                                            Chain of Custody<\/p>\n<\/td>\n

                                            		\n

                                            Document the exact time of sampling, person in possession during transit, and time of delivery to the Lab\/DO.<\/p>\n<\/td>\n

                                            		\n

                                            Forensic Integrity; Prevents “tampering” defenses.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

                                              \n
                                            1. Food Safety Officer (FSO)<\/strong><\/li>\n<\/ol>\n

                                              A Food Safety Officer<\/strong> is a key field official appointed by the Commissioner of Food Safety under Section 37 of the FSS Act to enforce food safety regulations at the ground level. Their primary role involves inspecting food establishments, drawing samples of food articles for analysis, seizing suspected adulterated products, and ensuring that food business operators comply with sanitary and hygienic conditions. As the primary point of contact between the regulatory body and the industry, the FSO possesses the legal authority to enter premises, stop vehicles, and initiate the preliminary steps for prosecution or adjudication.\u00a0<\/strong><\/p>\n

                                                \n
                                              1. Designated Officer (DO)<\/strong><\/li>\n<\/ol>\n

                                                The Designated Officer<\/strong> serves as the administrative head of food safety for a specific district or local area, acting as a critical link between the Food Safety Officer and the Commissioner. Appointed under Section 36 of the Act, the DO is responsible for issuing or canceling licenses, maintaining a record of all food business operators in their jurisdiction, and reviewing the reports submitted by FSOs. They have the significant legal duty to decide whether a food safety violation should be handled through an administrative fine (adjudication) or through criminal prosecution in a court of law.\u00a0<\/strong><\/p>\n

                                                  \n
                                                1. Food Business Operator (FBO)<\/strong><\/li>\n<\/ol>\n

                                                  A Food Business Operator<\/strong> is any person or entity\u2014including companies, cooperatives, or street vendors\u2014who owns, manages, or is responsible for any activity related to the manufacturing, processing, packaging, storage, transportation, or distribution of food. Under the FSS Act, the FBO bears the primary responsibility for ensuring that the food they handle is safe for human consumption and compliant with all labeling and quality standards. They are legally mandated to obtain a valid FSSAI license or registration and must provide full cooperation to authorities during inspections and sampling procedures.<\/p>\n

                                                    \n
                                                  1. Primacy of the FSS Act and Police Role <\/strong><\/li>\n<\/ol>\n

                                                    In Ram Nath v. State of Uttar Pradesh<\/em> (2024 INSC 138), the Supreme Court held that the FSS Act is a self-contained special code. By virtue of Section 89, its provisions (especially Section 59) override general offences of adulteration under Sections 272\u2013273 of the IPC (now mirrored in the Bharatiya Nyaya Sanhita, 2023). Police cannot independently prosecute pure food adulteration cases.<\/p>\n

                                                    Police role is supportive: <\/strong>assisting FSOs in search, seizure, and maintaining law and order. However, if distinct cognizable offences (e.g., conspiracy, cheating, culpable homicide) are involved, police retain jurisdiction under the Bharatiya Nagarik Suraksha Sanhita, 2023. The FSO remains the \u201cmaster of the case\u201d for technical and regulatory aspects.<\/p>\n

                                                    The doctrine of lex specialis derogat legi generali applies, whereby the special law (FSS Act) prevails over general criminal law.\u00a0<\/strong><\/p>\n

                                                      \n
                                                    1. Conclusion<\/strong><\/li>\n<\/ol>\n

                                                      Investigation under the FSS Act is driven by scientific evidence and procedural precision. The integrity of sampling, strict compliance with Section 47, and proper chain of custody are decisive factors in successful prosecution. A disciplined adherence to this SOP ensures both legal sustainability and protection of public health.<\/p>\n

                                                      Courts have consistently held that strict procedural compliance is the foundation of successful prosecution under the FSS Act.<\/p>\n","protected":false},"excerpt":{"rendered":"

                                                      Introduction The Food Safety and Standards Act, 2006 (FSS Act) consolidates laws relating to food safety and establishes the Food Safety and Standards Authority of India (FSSAI). Investigations under the Act are primarily technical and scientific in nature, relying on laboratory analysis rather than oral evidence. The objective is to ensure food articles conform to<\/p>\n","protected":false},"author":49,"featured_media":21982,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"two_page_speed":[],"_jetpack_memberships_contains_paid_content":false,"_joinchat":[],"footnotes":""},"categories":[254],"tags":[5440,28],"class_list":{"0":"post-21983","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-food-drugs","8":"tag-food-and-drugs","9":"tag-top-news"},"jetpack_featured_media_url":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-content\/uploads\/2026\/04\/SOP-FSSA.jpg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/posts\/21983","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/users\/49"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/comments?post=21983"}],"version-history":[{"count":2,"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/posts\/21983\/revisions"}],"predecessor-version":[{"id":21998,"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/posts\/21983\/revisions\/21998"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/media\/21982"}],"wp:attachment":[{"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/media?parent=21983"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/categories?post=21983"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/wp-json\/wp\/v2\/tags?post=21983"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}