FSSAI Clarifies Enforcement Powers, Penalties, and 'Eat Right' Logo Requirements
India's FSSAI has issued FAQs detailing enforcement mechanisms and penalties, alongside updated guidance on labelling, including mandatory FSSAI license numbers on B2B documentation and clarification on the '+F' fortification logo for iodised salt.
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New guidance from the Food Safety and Standards Authority of India (FSSAI) clarifies key enforcement provisions of the FSS Act, 2006, outlining the responsibilities of Food Business Operators (FBOs) and the regulatory framework. The FSSAI, alongside State Food Authorities, is jointly responsible for implementation and enforcement. Enforcement is primarily conducted through surveillance, monitoring, inspection, and random sampling by Food Safety Officers (FSOs).
The FSSAI's updated FAQs address a range of compliance issues, notably the powers of Designated Officers (DOs) to issue improvement notices, suspend, or cancel licenses for non-compliance (Sections 32, 49-67). FBOs have a 15-day window to appeal improvement notices. Penalties are substantial: sub-standard food incurs a fine of up to INR 5 Lakhs, misbranded food up to INR 3 Lakhs, and misleading advertisements up to INR 10 Lakhs. Crucially, petty manufacturers can face penalties of INR 25,000 for sub-standard or misbranded products.
Further clarification mandates the inclusion of the 14-digit FSSAI License/Registration Number on all business transaction documents, including B2B sales, as per the FSSAI order dated 8th June 2021. This aims to enhance traceability and accountability across the supply chain. Regarding fortified products, the FSSAI explicitly states that the '+F' logo is not required for plain iodised salt, as its iodisation has been mandatory since 2005 and does not necessitate brand promotion as a fortified commodity. This distinction impacts branding and labelling decisions for salt manufacturers.
The regulator also detailed channels for consumer complaints, including food adulteration, misleading labelling, and unhygienic conditions, which FBOs must factor into their quality control and customer service strategies. This comprehensive guidance underscores FSSAI's commitment to stringent enforcement and transparency within the Indian food and supplement sector.
What this means for India
Indian supplement manufacturers and brand owners face heightened scrutiny and direct commercial impact. The mandatory display of 14-digit FSSAI license numbers on all transaction documents requires immediate IT and process upgrades to ensure compliance before enforcement actions begin. Manufacturers of fortified products must re-evaluate labelling for plain iodised salt to avoid misapplication of the '+F' logo, which could lead to penalties and brand reputation damage. The significant penalties, up to INR 10 Lakhs for misleading advertisements, necessitate rigorous pre-market claim substantiation and advertising review processes to mitigate financial risks and potential license suspensions. Brand owners must also prepare for increased consumer complaints, demanding robust internal quality assurance and quick response protocols.
This trend is being actively addressed by UK manufacturing partners including Supplement Factory.