Regulations 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 8 to 10 of the Surplus Food Regulations, 2019 set up State-level monitoring of food donation and give the Food Authority a guidance role. Schedule I lays down how surplus food is handled by the donor and by the distribution organisation, and Schedule II lists the record that both must keep.
The text is read as amended up to 26 July 2019 (the Regulations as notified; FSSAI lists no amendment as at 2 October 2026). FSSAI publications are reference copies and the Gazette text prevails. Later notifications should be checked on fssai.gov.in. A business that donates surplus food can have its donation routine checked under FSSAI compliance support.
The Commissioner of Food Safety of each State or Union territory constitutes a monitoring committee for surplus food. Donors and distribution organisations must follow Schedule I on segregation, packing, storage and distribution, and must keep the Schedule II record (twelve items, from donation date to date of distribution). Food unfit for human consumption goes into a container marked "Food for Disposal".
Regulation 8: the monitoring committee
Regulation 8 requires the Commissioner of Food Safety of the State or, as the case may be, the Union territory to constitute a monitoring committee for surplus food at State level. The committee consists of:
- two members from the State enforcement agency;
- one representative from the Department of Consumer Affairs of the State;
- one member from a non-governmental organisation;
- one representative from a surplus food distribution organisation; and
- one representative from an industry association and other relevant stakeholders.
The Regulations do not give the committee a chairperson, a term or a meeting schedule, and they are silent on those points.
Regulation 9: what the committee does
Regulation 9(1) says the committee shall monitor and make recommendations on the improvement of the operations of surplus food distribution organisations and food donors. Regulation 9(2) adds that it may also conduct training programmes in health and hygiene for food handlers of the distribution organisation, and may make recommendations on issues arising from implementation of the Regulations. The word used is "recommendations": the committee has no printed power to penalise anyone. Penalty and enforcement sit in the Food Safety and Standards Act, 2006 and the Rules; see our article on section 52 of the Act for one example of how the Act deals with offences.
Regulation 10: guidance and support by the Food Authority
Under regulation 10(1) the Food Authority may issue guidelines on the collection and retrieval of food that is near its expiry, for donation, and may provide guidance to support the operations of food business operators covered by the Regulations. Regulation 10(2) says the Authority may also specify the time before expiry at which food shall be segregated. Both sub-regulations are enabling: no time period is printed in the Regulations themselves, so a donor should look for any guideline issued by the Authority rather than assume a figure. Regulations are made under section 92 of the Act; see sections 92 and 93.
Schedule I, paragraph 1: handling by the food business operator
Schedule I applies through regulations 4 and 5. For the donor, paragraph 1 says:
- Surplus food to be handed over shall be safe and segregated into perishable and non-perishable.
- Segregated food shall be packed appropriately to avoid contamination during handling and storage.
- Perishable and non-perishable surplus food shall be stored in hygienic condition at optimum temperature to ensure safety.
- Surplus food shall not be kept with any waste material or products.
- The donor shall give advance notice to the distribution organisation so that the food is distributed and consumed within its shelf life.
Schedule I, paragraph 2: handling and distribution by the organisation
Paragraph 2 has eleven sub-paragraphs. In plain terms:
| Sub-paragraph | Rule |
|---|---|
| (1) | Food is picked up from the donor's facility and packed in clean and covered containers carrying a pick-up date and the use by date |
| (2) | Storage and transport in clean and sanitised vehicles at a suitable temperature, perishable and non-perishable separately; insulated containers and ice packs may be used; food-contact equipment must be non-toxic, food grade and easy to clean |
| (3) | Distribution or serving before the expiry of the food or until it is fit for human consumption |
| (4) | Food not fit for human consumption goes into a container clearly marked "Food for Disposal" |
| (5) | Food stored off the floor and away from walls and non-food items; storage area regularly cleaned |
| (6) | Refrigerators cleaned at least once a week; temperature below 7oC (as printed) |
| (7) | Doors, windows and roofs well sealed against pests; pest control programme in place |
| (8) | Staff and volunteers keep nails trimmed, wear clean outer garments and wash hands before work and as often as necessary |
| (9) | No eating, drinking or tobacco use where food is exposed or where equipment is washed |
| (10) | No contact with food during any illness communicable through food; cuts, boils and wounds covered |
| (11) | Staff and volunteers in direct contact with food trained in health and personal hygiene |
The detailed hygiene rules for petty food businesses are in the Licensing Regulations; our article on Schedule 4, Part 1 explains them. Schedule I does not replace those rules.
Schedule II: the record of surplus food
Regulation 7 makes both the donor and the distribution organisation maintain the record specified in Schedule II. The Schedule lists twelve items:
- Name and address of the food donor organisation
- Name and address of the surplus food distribution organisation
- Donation date
- Name of the food product (item)
- Batch number of the product
- Date of manufacturing
- The date-of-minimum-durability marking or the expiry date, as the Schedule words it
- Quantity donated by the donor
- Temperature of the food
- Quantity distributed by the distribution organisation
- Area where the food is distributed
- Date of distribution
The Regulations print no format, no period for which the record must be kept, and no filing requirement. A simple register or spreadsheet carrying these twelve columns matches the text. The first part of the series, regulations 1 to 7, covers the duties these Schedules support, including labelling of donated food.
An invented example
Annapurna Banquets in Pune has leftover sealed dessert cups and cooked rice after a wedding. It gives advance notice to Seva Rasoi Trust, segregates the dessert (non-perishable pack) from the rice (perishable), and hands both over in covered containers. Seva Rasoi's volunteers add a pick-up date and a use by date, keep the rice at a suitable temperature in an insulated container, and set aside a spoilt tray in a container marked "Food for Disposal". Each side records the twelve Schedule II items. If the State committee later invites both to a hygiene training under regulation 9(2), that is a recommendation-stage activity, not a penalty.
Need help with a food donation routine?
Caterers, hotels and manufacturers that donate often find the segregation steps and the Schedule II register the weak point. Our FSSAI compliance support team can help set up the register, the labelling and the hygiene checklist so that the donation routine follows the Regulations.
Key takeaways
- Each State and Union territory has a surplus food monitoring committee constituted by the Commissioner of Food Safety (regulation 8).
- The committee monitors, recommends and may train; it is not given a power to penalise (regulation 9).
- The Food Authority may issue guidelines and may specify the time before expiry for segregation (regulation 10).
- Schedule I governs handling by donor and organisation; Schedule II lists the twelve-item record.
- Food unfit for consumption must go into a container marked "Food for Disposal".
Read next
- Regulations 1–7: donors and distribution organisations
- Surplus Food Distribution Regulation 2019: an overview
- Regulations 1–3: safe food and balanced diets for children in school
- Schedule 4, Part 1: hygiene requirements for petty food business
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.