Food safety laws in states

Last Updated04/10/2024

The Uttar Pradesh government last week made it mandatory for food establishments to “prominently” display to customers the names of “the operator, proprietor, manager, and other relevant personnel”.

Recently, the Uttar Pradesh government mandated food establishments to prominently display the names of the operator, proprietor, manager, and other relevant personnel.
This move was quickly echoed by Himachal Pradesh, although the latter state's government later retracted the statement.
The Supreme Court's intervention in similar mandates during the kanwar yatra highlighted the need for appropriate authority under the Food Safety and Standards Act, 2006 (FSSA).

Registration and Licensing: All food business operators must either register or obtain a license from the Food Safety and Standards Authority of India (FSSAI).
Prominent Display: The registration certificate or license, along with a photo ID, must be displayed prominently within the premises or on the cart/vehicle.
Penalties for Non-compliance: Operating without a license can result in up to six months of imprisonment and a fine up to Rs 5 lakh under Section 63 of the FSSA.

Section 94(1) of the FSSA: Allows state governments to make rules with the prior approval of the Food Authority, subject to Central Government powers.
Section 94(2): States can make rules for the functions and duties of the State Commissioner of Food Safety.
Section 30: The Commissioner ensures efficient implementation of the FSSA, including carrying out surveys, training, and approving prosecutions.
Section 94(2)(c): States can make rules for matters required or prescribed by the FSSA, with these rules needing legislative approval per Section 94(3).

Mandatory Display of Proprietor Information: Ensuring transparency and accountability.
CCTV Installation and Verification Campaign: To enhance food safety and prevent adulteration incidents.
Proposed Amendments: UP government suggested amending the FSSA to enforce these directives.

Competent Authority: The Supreme Court stayed similar orders by police, emphasizing that such directives should come from a competent authority under the FSSA.
Discrimination Concerns: Previous directives were challenged for potentially discriminating on religious grounds, violating Article 15(1) and impacting economic activities under Article 19(1)(g).

Improvement Notice (Section 31): Issued for non-compliance with the FSSA, detailing measures for compliance within a minimum of 14 days.
Section 58 Penalties: For unspecified contraventions, fines up to Rs 2 lakh.
Repeat Offences: Conviction for the same offence can result in doubled penalties, daily fines up to Rs 1 lakh, and potential license revocation (Section 64).