Regulations 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Regulations 1 to 7 of the Recovery and Distribution of Surplus Food Regulations, 2019 make it possible, and orderly, for a food business to donate leftover safe food. They define the donor and the distribution organisation, state the responsibilities of each, require labels on donated food, and require records in a Schedule II format.
The text is read as amended up to 26 July 2019 (the Regulations as notified; FSSAI lists no amendment as at 2 October 2026). The Gazette text prevails. Later notifications should be checked on fssai.gov.in. Restaurants, caterers and hotels that donate can start from FSSAI compliance support.
A food donor having surplus food may donate it to a surplus food distribution organisation, but shall not distribute unsafe food and must hand it over at a reasonable time before it gets spoiled or its expiry. The organisation is regulated under the Licensing Regulations, must have proper transport, storage and reheating facilities, and may not distribute food after its shelf life. Donated food must be labelled, and both sides keep records. The compliance date was 1 July 2020.
Regulation 1: commencement
The Regulations come into force on publication in the Official Gazette, and the food business operator "shall comply with all the provisions of these regulations by 1st July, 2020". They were notified on 26 July 2019 after the draft of 4 February 2019, under section 92(2)(v) of the Act with the previous approval of the Central Government; see our article on sections 92 and 93 of the FSS Act.
Regulation 2: definitions
| Clause | Term | Printed meaning |
|---|---|---|
| (b) | food donor | any person or food business operator who donates surplus food |
| (d) | surplus food | any leftover unused portions of safe food that have not been served to the customers |
| (e) | surplus food distribution organisation | any person or organisation that collects surplus food from a food donor and distributes it directly to any person without charge and without any profit |
The key phrase in "surplus food" is "safe food that has not been served to the customers". Food left on a diner's plate is not surplus; food that was cooked or packed, was never served, and is still safe, is. Regulation 3 (scope) states that the Regulations specify the responsibility of the food donor and of distribution organisations engaged in distributing surplus food to any person without charge.
Regulation 4: responsibilities of the food business operator (donor)
- 4(1) A food donor having surplus food may donate it to any surplus food distribution organisation in accordance with the Regulations.
- 4(2) The surplus food shall be maintained in accordance with the requirements in Schedule I.
- 4(3) The food business operator shall not distribute unsafe food to any surplus food distribution organisation.
- 4(4) The surplus food shall be handed over "at a reasonable time before it gets spoiled or its expiry, as the case may be, so that the food is made available to needy persons for consumption within the shelf life of the food".
The word "may" in 4(1) makes donation voluntary. Regulation 4(4) is a timing rule: the donor cannot hold the food until the last moment. The Regulations do not fix the "reasonable time" in hours or days, and none is supplied here. The Schedules are covered in our article on regulations 8 to 10 and Schedules I and II.
Regulation 5: responsibilities of the distribution organisation
- 5(1) A surplus food distribution organisation serving food to needy persons "shall be regulated in accordance with the provisions of" the Licensing and Registration Regulations, 2011, and such foods shall be obtained from reliable sources having valid registration or licence under the Act. The registration and licensing rules themselves are in our live articles, for example regulation 2.1.1 on registration of petty food business.
- 5(2) It shall have proper facilities for transport, storage and reheating, and comply with Schedule I.
- 5(3) No surplus food distribution organisation shall distribute surplus food after the expiry of its shelf life.
Regulation 6: labelling of donated food
| Sub-reg. | What it says |
|---|---|
| 6(1) | The labelling requirements depend on whether the food is in its original package or has been prepared as a meal |
| 6(2) | Donated pre-packed food shall bear its complete original label, including name of the item or food, manufacturer information, list of ingredients and date of expiry |
| 6(3) | Donated prepared food shall be labelled with the name of the food, the source of the food, the date of preparation and last date of consumption, and shall specify whether it is vegetarian or non-vegetarian |
| 6(4) | The information on the label shall not be masked in any manner |
The vegetarian or non-vegetarian declaration for prepared food in 6(3) is part of this Regulation; the general symbol rules are in the Labelling and Display Regulations (see veg and non-veg declaration). Regulation 6(4) matters for packaged goods: peeling or covering a manufacturer's label to hide an expiry date is not allowed.
Regulation 7: records
The food donor and the surplus food distribution organisation "shall maintain the record of surplus food as specified in Schedule-II". Schedule II is covered in the article on regulations 8 to 10 and the Schedules.
An invented example: Annapurna Banquets has surplus after a wedding: sealed packets of snacks and a tray of cooked dal rice that were never served to any guest. It hands the sealed snacks, with their original labels, and the dal rice, labelled with name, source, date of preparation, last date of consumption and the vegetarian mark, to Seva Roti Bank, a distribution organisation operating under the Licensing Regulations, well before spoilage. Both write the entries in the Schedule II record. If the dal rice were found to be unsafe, regulation 4(3) forbids handing it over at all.
How this fits with the rest
The monitoring committee, guidance by the Food Authority and the handling conditions are in regulations 8 to 10. The overview post is surplus food distribution under the 2019 Regulations. Responsibilities of a manufacturer more broadly are discussed in responsibilities of a food manufacturer.
Need help with a donation programme?
Donating food safely means hygiene, labels and records all line up. Our FSSAI compliance support team can help a restaurant, hotel or caterer set up a donation process, and help a distribution organisation prepare for registration or licensing.
Key takeaways
- Donation is voluntary ("may donate"); unsafe food must not be given.
- Hand over at a reasonable time before spoilage or expiry, so the food is consumed within shelf life.
- The distribution organisation is regulated under the Licensing Regulations and must have transport, storage and reheating facilities.
- Pre-packed food keeps its complete original label; prepared food carries name, source, preparation date, last date of consumption and veg or non-veg status.
- Labels must not be masked; records are kept as in Schedule II.
Read next
- Regulations 8–10 and Schedules I and II: monitoring committee and handling
- Surplus food distribution under the 2019 Regulations
- Regulation 2.1.1 of the Licensing Regulations: registration of petty food business
- Responsibilities of a food manufacturer under the FSS Act
Disclaimer: Based on the FSSAI regulations named above as consolidated in FSSAI's compendium versions or as published in the Gazette, with the later notifications the article names (consulted on fssai.gov.in on 2-3 October 2026). Later notifications and the Food Safety and Standards Act, 2006 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.