Tasting The Law: Elevating Food Safety Through Legal Analysis And Regulatory Framework
- IJLLR Journal
- Sep 30
- 2 min read
Neha Agri, Haveli Institute of Legal Studies and Research
ABSTRACT
India's food safety is governed by the Food Safety and Standards Act, 2006 (FSS Act). This Act consolidates various Acts & orders that had earlier handled food-related matters. issues in various Ministries and Departments, such as Prevention of Food Adulteration Act, 1954, Fruit Products Order, 1955, Meat Food Products Order, 1973, Vegetable Oil Products (Control) Order, 1947, Edible Oils Packaging (Regulation) Order 1988, Milk and Milk Products Order, 1992. The Food Safety and Standards Authority of India (FSSAI) is the primary regulatory body responsible for setting and enforcing standards. The FSS Act classifies food offenses by severity, from minor violations like misbranded food to the most serious offense of unsafe food (food injurious to health). Penalties are tiered, starting with fines for less severe offenses and escalating to imprisonment for offenses that cause injury or death. Enforcement is carried out by Food Safety Officers (FSOs), Designated Officers (DOs), and the Commissioner of Food Safety. The FSS Act operates on a principle of strict liability, not requiring proof of criminal intent. It also works in conjunction with other laws like the Indian Penal Code (IPC) and the Consumer Protection Act (CPA), 2019, which allows individuals to seek compensation directly. Some of the Landmark Case like Maggi Noodles case (2015): Stressed the need for scientific rigor and transparent regulatory processes. Hindustan Unilever case: Clarified that a company must be named as an accused before its officers can be prosecuted. Future legislative trends, such as the proposed Food Safety and Standards (Amendment) Bill, 2019, indicate a move toward stricter penalties, including mandatory imprisonment and, in fatal cases, the potential for the death penalty.
Keywords: Food safety and standard officer, Designated officer, Misbranded Food, Indian Penal code 1860, Consumer Protection Act 2013, Regulatory body, Future legislative
