FSSAI Released a Notification Instructing FBOs to Prohibit the Sale and Recall of Unsafe Food Samples

On June 11, 2024, the Food Safety and Standards Authority of India (FSSAI) released a notification instructing Food Business Operators (FBOs) to prohibit the sale of unsafe food samples and initiate food recalls when necessary.

To guarantee the provision of safe and nutritious food to consumers, state FDAs under FSSAI regularly conduct enforcement sampling of food products nationwide.

It is important to prohibit the sale or recall of food considered unsafe according to the FSS Act, 2006, to safeguard consumers.

If the primary lab report determines that the enforcement samples are unsafe, please instruct the Designated Officers (DOs) or Central Licensing Authorities (CLAS) in your jurisdiction to take the following action, quickly.

1. Prohibit the Sale of Unsafe Food:

If the food sample collected by CFSO or FSO is considered unsafe in the Primary Food Laboratory report under the FSS Act, 2006, the DO or CLA will utilize their authority under Section 36(3)(b) of the FSS Act, 2006, to instruct FBOs to cease the sale of unsafe food products as outlined in Section 18(1)(g) of the FSS Act, 2006.

Prohibit the Sale, Recall Unsafe Food Sample

2. Recall Unsafe Food:

In cases where the sale of the food is prohibited, it must be recalled.

a. If the FBO chooses to appeal the report from the Primary Lab under Section 46(4) of the FSS Act, 2006, and the Food Analyst from the Referral Laboratory deems the food to be unsafe.

b. If the FBO does not file an appeal within the specified time frame outlined in Section 46(4) of the FSS Act, 2006.

DO or CLA should advise the Chief Executive Officer of FSSAI or the Commissioner of Food Safety of the relevant State or UT to utilize the authority granted in Regulation 5(3) of the Food Safety & Standards (Food Recall Procedure) Regulations, 2017.

This would involve instructing the Food Business Operator to quickly recall the affected food items under Section 18(1)(g) of the FSS Act, 2006, and all other requirements outlined in the Food Safety & Standards (Food Recall Procedure) Regulations, 2017.

The Competent Authority has approved this.


Click Here to download the FSSAI Official Notification.


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