English
French
German
Italian
Japanese
KoreanQuick Commerce, Slow Compliance? Decoding Food Safety Regulations for EFBOs in India
Quick Commerce, Slow Compliance? Decoding Food Safety Regulations for EFBOs in India
The rapid growth of food delivery apps and quick commerce has driven India’s e-commerce food industry to expand exponentially.[1]
It is important to lay emphasis on food safety,[2] as at all stages of food production right from primary production to processing, packaging and supplying, the quality of the food can be compromised. Every step, thus, poses a challenge for enforcement of food related laws.[3] In this regard, regulation of food manufacturing and storage process becomes important so as to ensure that the ‘right to pure food,’[4] a part of fundamental right under the Constitution of India is safeguarded.
The regulatory evolution for e-commerce Food Business Operators[5] (EFBO) began in 2017 with introduction of ‘Guidelines for operations of E-Commerce Food Business Operators’ (2017 Guidelines)[6] which were to be read as explanatory memorandum to the Food Safety & Standard Act, 2006 (FSS Act) wherein the FSS Authority of India first recognized and defined the EFBOs for the first time under its regulatory framework.
Building on this, the FSS (Labelling and Display) Regulations, 2020 (2020 Regulation) introduced key mandates, including allergen declarations, per-serve nutrient contributions, and updated labelling elements. It requires EFBOs to provide essential label information online, except batch numbers and expiry dates, and display caloric values, allergen details, and other nutritional information from FBOs on their platforms.
The 2017 Guidelines served as foundation for the ‘FSS Licensing and Registration of Food Businesses Amendment Regulations, 2021’ (“2021 Amendment Regulations”) which came into effect in a staggered manner starting from 2018. While these regulations are yet to be formally notified, they have been operationalized and require mandatory compliance from EFBOs as per FSSAI’s notice dated 05 June 2024.[7]
The 2021 Amendment Regulations define EFBOs as any food business operator (FBO) carrying out any of the activities in Section 3(n)[8] of FSS Act, 2006 through the medium of e-commerce.[9] This ensures regulation of FBOs operating through digital or electronic networks, encompassing activities such as manufacture, processing, packaging, storage, transportation, distribution, import, and sale of food products are also governed by this framework.
In furtherance of food-safety and to improve compliance requirement for EFBOs, FSSAI issued an advisory for EFBOs to ensure appropriate categorisation of food products being sold on their website in March 2024.[10] However, there have been instances wherein individuals have lost their life due to eating contaminated food and the usage of expired food items ordered from EFBOs.[11]
Recognizing these challenges, the FSS Authority of India, issued its advisory on 03 December 2024 (Advisory) to all EFBOs in India.[12] This Advisory forms part of a broader initiative to improve food safety compliance across the e-commerce platforms and to mitigate risks associated with foodborne illnesses and fraudulent practices.
Further, non-compliance with the same would be subject to, under which the penalty ranges from INR 25,000 to INR 10 lakh, with imprisonment from 6 months to 7 years.[13]
Demystifying the Advisory
The following are the key features of the Advisory involved in regulation of EBFOs:
- Training of the last mile delivery personnel
The Advisory mandates for the following:
- Training of the delivery staff: Ensuring that the staff is well-trained in food safety and hygiene practises;
- Safe Handling and Transportation: Ensuring food items are not contaminated during delivery;
- Personal Hygiene and Sanitization: Following best practices for cleanliness, including regular handwashing and wearing clean uniforms.
2. Separation of Food and Non-food deliveries
The Advisory emphasis the requirement of the FBO for separating food and non-food items for delivery to avoid risk of cross contamination thus safeguarding consumer health.
- Regulating Online Product Claims
The Advisory prohibits the display of misleading or unsupported product claims on e-commerce platforms. All claims made online must accurately reflect the details provided on the product’s physical label and must follow the 2020 Regulation.
- Ensuring Adequate Shelf Life of Delivered Products
The Advisory mentions that the delivered products must have at least 30% of their shelf life remaining or alternatively, the product should be at least 45 days away from expiry at the time of delivery.
- Promoting Transparency
To foster consumer trust, FSSAI encourages e-commerce platforms to prominently display:
- FSSAI License/Registration Numbers: All sellers operating on the platform.
- Hygiene Ratings: To provide consumers with insights into the seller’s food safety standards.
The Hygiene ratings requirements are also detailed out in Schedule IV of the Food Safety and Standards (Licensing and Registration of Food Business) Regulation, 2011.
- Mandatory Licensing and Registration
E-commerce platforms must ensure that every food business operator listed on their site has a valid FSSAI License or Registration. Sellers without proper documentation should not be allowed to operate on the platform.
Our thoughts
The Advisory places significant responsibility on e-commerce platforms to uphold food safety standards. However, some issues are yet to be addressed by the Advisory such as how should delivery personnel training be documented, how is liability shared between marketplaces, sellers, and delivery partners, and how do new shelf-life rules work with existing regulations. These issues need clear guidance from FSS Authority of India to help businesses comply effectively while ensuring consumer safety. Further, creating a strict rule book is a good start to standardize the safety norms in an emerging industry, however, the reliability and success of the rule book will depend on successfully proceedings against errant players in a timely manner, thus protecting the genuine stakeholders.
[1] India Brand Equity Foundation, January 2025, “E-commerce Industry in India” can be accessed at: https://www.ibef.org/industry/ecommerce
[2] Section 2(q) of FSS Act, 2006: “food safety” means assurance that food is acceptable for human consumption according to its intended use.
[3] Sushila Assistant Professor of Law and Research Director (2020) “Legal Framework Regulating Food Safety: A critical Appraisal,” International Journal on Consumer Law and Practice: Vol. 8, Article 5. Available at: https://repository.nls.ac.in/ijclp/vol8/iss1/5
[4] Centre for Public Interest Litigation v. Union of India, (2013) 16 SCC 279
[5] Section 3 (o), FSS Act, 2006: “food business operator” in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder.
[6] FSSAI, 02 February 2017, “Guidelines for operations of E-commerce Food Business Operators” can be accessed at: https://www.fssai.gov.in/upload/advisories/2018/02/5a968f14cc994189.pdf
[7] FSSAI, 05 June 2024, “Directions under Section 16 (5) of FSS Act, 2006 regarding re-operationalisation of Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations, 2018” can be accessed at: https://www.fssai.gov.in/upload/advisories/2024/06/666004236ddd8Direction_Re-operationalization_Licensing.pdf
[8] Section 3(n), FSS Act, 2006 :“food business” means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients
[9] FSSAI, 02 February 2017, “Guidelines for operations of E-commerce Food Business Operators” can be read at : https://www.fssai.gov.in/upload/advisories/2018/02/5a968f14cc994189.pdf
[10] FSSAI, March 2024, “Clarification regarding categorisation of Health Drinks/ Energy Drinks” on E-commerce website.
[11] Tribune News Service, 05 April 2024, “Patiala girl death case: Bakery registered under yet another name on food app” can be accessed at: https://www.tribuneindia.com/news/punjab/bakery-registered-under-yet-another-name-on-food-app-607502/
[12] FSSAI, 03 December 2024, “Advisory for E-commerce Food Business Operators (FBOs) on strengthening Food Safety Compliance” can be accessed at: 674efa161d756Adobe Scan 3 Dec 2024.pdf
[13] Chapter 15 of FSS Act, 2006.
The information contained in this document is not legal advice or legal opinion. The contents recorded in the said document are for informational purposes only and should not be used for commercial purposes. Acuity Law LLP disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident, or any other cause.
