2026 has been the year the Food Safety and Standards Authority of India (FSSAI) stopped waiting. Enforcement that once moved through notices and opportunities to cure deficiencies has become more visible and interventionist.

In a single raid, the FSSAI seized over 50,000 mislabeled packs, took action against alleged labelling violations and targeted products with “100%” claims. Particularly captivating is the Dabur action.

This shift’s significance extends beyond individual instances. Compliance can no longer be treated by food business operators (FBOs) as paperwork that can be corrected after the fact. Regulatory repercussions may be triggered by a license category, a label, a product claim, or a storage procedure.

These FAQs examine that landscape through the practical questions of licensing, labelling, claims, inspections, recalls, documentation, remedies and enforcement. The aim is to determine what these regulations actually mean when the compliance is tested.

1. What is FSSAI?

FSSAI is the statutory authority established under the Food Safety and Standards Act, 2006 to regulate food safety.

2. What is covered by FSS Act?

The Act consolidated India’s food safety framework providing statutory basis for regulating food safety.

3. How does the law define ‘food’ and ‘food business operator’?

• Food is defined broadly under Section 3(1)(j) to include substances intended for human consumption.

• An FBO under Section 3(1)(o) is the person who carries on or owns the food business and is responsible for compliance with the Act and regulations.

4. Does a food business require an FSSAI licence or registration?

• Every FBO requires registration or a licence under Section 31, obtained through the Food Safety Compliance System (FoSCoS).

• Selling through Instagram, WhatsApp or another informal channel does not take a business outside the FSSAI framework. A home baker, cloud kitchen or D2C seller becomes an FBO when the activity becomes a commercial food operation and not whether the seller has a physical shop.

• From April 1, 2026, turnover thresholds are:

  Basic registration up to ₹1.5 crore

  State licence from ₹1.5 crore to ₹50 crore and

  Central licence above ₹50 crore, replacing the earlier thresholds of ₹12 lakh, ₹20 crore and ₹20 crore respectively.

• Licences granted from April 1 have perpetual validity, subject to annual fee payment and continued compliance. Category migration is automatic through FoSCoS, without a modification fee or change in licence number.

• Certain businesses, including importers, exporters, specified e-commerce operators and specified nutraceutical businesses, require a Central Licence irrespective of turnover.

5. What can a consumer do after buying contaminated, expired or mislabeled food?

Consumers can complain through FSSAI’s grievance system and may have food samples analysed under Section 40 on payment of the prescribed fee. They must inform the FBO at the time of the purchase and claim compensation where consumption of unsafe food results in injury or death under Section 65.

The enforcement process may involve sampling by food safety officers [Section 38] and where analysis establishes a contravention, prosecution may follow [Section 42].

6. What are the penalties imposed upon food business operators for selling substandard, misbranded or unsafe food?

• For sub-standard food, penalty up to ₹5 lakh. [Section 51]

• For misbranded food, penalty up to ₹3 lakh. [Section 52]

• For extraneous matter, penalty up to ₹1 lakh. [Section 54]

• For unsafe food (no injury/non-grievous/grievous injury), Imprisonment up to 6 months + ₹1 lakh/up to 1 year + ₹3 lakh/up to 6 years + ₹5 lakh respectively. [Section 59]

• For unsafe food (death), Imprisonment ranging from 7 years up to life imprisonment + fine of at least ₹10 lakh [Section 59]

7. What do recent FSSAI enforcement actions tell us?

The 2026 actions show that enforcement now extends beyond conventional manufacturing deficiencies. FSSAI seized over 50,000 allegedly relabeled packs in Delhi and registered an FIR, seized suspected adulterated or counterfeit ghee in Delhi and Haryana, suspended licences for GMP, hygiene, pest-control and storage deficiencies and issued notices following complaints concerning products sold by Nestle India, KFC India and Flipkart.

The Dabur matter is particularly important as it raises a procedural question. FSSAI prohibited Dabur India from selling products carrying “100 per cent” claims, the Delhi High Court stayed the order observing that an order of this nature ought not to have been passed without hearing Dabur This does not establish that such claims are permissible. FSSAI’s May 2025 advisory had already called for discontinuation of such claims. Dabur also said the action put approximately ₹150 crore of inventory at risk, while FSSAI relied on its earlier “100 per cent fruit juice” dispute.

8. What are the main powers and functions of FSSAI?

Under Section 16, FSSAI regulates food safety, prescribes standards and performs the broader regulatory functions assigned by the Act.

9. Can an FBO appeal against a penalty or adjudication order?

Yes. Penalties are adjudicated under Section 68 with statutory appellate remedies thereafter. But an appeal should not be treated as a substitute for responding properly at the first stage.

10. What are the principal labelling requirements for pre-packaged food?

Labels must contain the prescribed declarations including the food name, ingredients in descending order of weight, nutritional information (per 100g/100ml and per serving), applicable symbols, the manufacturer/packer/importer details, net quantity, FSSAI logo and licence number, date markings with a use-by or best-before date, and a batch/lot number with consumer care details. Added sugar, salt and saturated fat declarations must appear in bold and larger font.

11. What are the rules on advertising and quality claims like ‘100% natural’, ‘organic’, ‘healthy’?

The Food Safety and Standards (Advertising and Claims) Regulations, 2018 require claims to be truthful, clear and scientifically substantiated. The important compliance question, therefore, is: “what evidence would we produce if FSSAI challenged it tomorrow?"

12. What are the packaging requirements?

Packaging must be food grade, safe, non-toxic and suitable for the product with containers maintained in a condition that does not compromise food safety.

13. Can a consumer verify whether an FSSAI licence is genuine?

FSSAI provides a public FoSCoS license-verification facility through which the consumers can check the authenticity and status of a license or registration.

14. What is the difference between a “best before” date and a “use by” or “expiry” date?

“Best before” concerns period during which a product retains quality, while “use by” or “expiry” relates to safety.

15. What are the compliance obligations of e-commerce food businesses and online marketplaces?

Food sold online remains subject to same food safety requirements, with mandatory information displayed before purchase. Not being in a physical market does not eliminate the seller’s liability.

16. Can FSSAI direct an immediate shutdown or recall?

FSSAI can take strong enforcement actions including seizure, suspension and recall, but there is no standard rule of receiving a prior notice first. The statutory power, nature of the contravention and procedural route matter.

17. What records should an FBO maintain?

At minimum, FBOs should maintain supplier, production, testing, storage, sanitation, complaints and recall records.

18. What happens after a stay or favourable tribunal order?

A stay stops the effect of the action that is being challenged, but does not end the issue. A business that stops because of the stay can still face the real objection later, but through a different procedural route.

19. Can directors, partners and senior management be held personally liable for violations?

Section 66 allows proceedings against people who are responsible for and in charge of the business when they commit an offence that is covered by statutory defences.

20. What should an FBO expect during an FSSAI inspection?

Food safety officers may inspect premises examine licences, records, hygiene, storage, packaging and labelling, and may collect samples or seize products, documents or equipment where authorised.

21. What additional requirements apply to imported food?

Importers must have a FSSAI licence and follow Indian rules for food safety, labels and packaging.

22. How does FSSAI compliance interact with legal metrology?

FSSAI and legal metrology work together in tandem in India, meaning food businesses must comply with both sets of rules together. Compliances of both the laws are complimentary with each other and not substitutable.

23. Can food law violations be settled through adjudication or compounding?

Regulatory violations may proceed through adjudication and monetary penalties, while serious offences involving unsafe food, injury or fraud may lead to criminal prosecution in India.

24. If an FBO can fix only one thing this year, what should it be?

Audit your claims. Before the next launch, review every high risk expression, immunity related claims and ask if the business can substantiate it today.

The honest takeaway from 2026 is that food law has not just changed its rules this year. What has change is the tempo of enforcement. The businesses most likely to be caught out next are not necessarily those deliberately ignoring the law. They are the ones assuming that because a practice was acceptable yesterday, it remains acceptable today. The practical lesson is, therefore, not to wait for an advisory, notice or inspection. Claims language should be audited proactively and the substantiation for those claims should be ready before FSSAI asks for it

Aarushi Jain is the Founding Partner and Parth Chhabra is an Associate at Chambers of Jain and Kumar.