Rules 2 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.
When a Food Safety Officer seizes food, Rule 2.3.1 of the Food Safety and Standards Rules, 2011 requires a receipt in Form II. When the officer instead leaves the food in your safe custody, Rule 2.3.2 requires a sealed order in Form III and allows a bond in Form IV. If your stock has been seized or sealed, our FSSAI notice reply support can help you respond.
For every article of food seized under section 38(1)(b), the Food Safety Officer must give the person a receipt in Form II (Rule 2.3.1). If he keeps the food in the operator's safe custody under section 38(1)(c), he must affix a seal and make an order in Form III, which the operator must comply with, and he may require a bond in Form IV (Rule 2.3.2). The section 38 proviso sets the bond amount: a sum equal to the value of the article, with one or more sureties. This article follows the compendium Version I of 1 April 2025.
What section 38 lets the officer do
Section 38(1) of the Act allows a Food Safety Officer to:
- (a) take a sample of food that appears to be intended for sale or to have been sold for human consumption, or of food found in premises that may be needed as evidence;
- (b) seize any article of food that appears to be in contravention of the Act or the regulations; and
- (c) keep the food in the safe custody of the food business operator after taking a sample, and in both cases send the sample to the Food Analyst for the local area.
The proviso says that where the officer keeps the article in the operator's safe custody, he may require a bond for a sum equal to the value of the article, with one or more sureties as he thinks fit, and the operator shall execute it. Section 38(3) says the cost of any sample, at the rate at which the article is usually sold to the public, must be paid to the person from whom it was taken. Section 38(7) requires the officer to call one or more persons to be present when he takes a sample or acts under certain sub-sections and to take their signatures. For the wider powers, see sections 41 and 42.
Rule 2.3.1: the receipt in Form II
The rule is one sentence. For every article of food seized under clause (b) of section 38(1), the Food Safety Officer must give the person from whom it was seized a receipt in Form II. The text does not list what the form contains, so this article does not describe its fields. Read the form as issued.
In practice, the receipt is your proof of what was taken, from where, and in what quantity. Check it before you sign and keep your copy.
Rule 2.3.2: order and bond for stock kept in your custody
Rule 2.3.2 covers the second option, where the officer does not remove the food but keeps it in the Food Business Operator's safe custody under section 38(1)(c).
| Step | What the rule says |
|---|---|
| 1 | The officer affixes a seal on the article of food |
| 2 | He makes an order to the operator in Form III, and the operator "shall comply" with it |
| 3 | He may also require the operator to execute a bond in Form IV |
The compendium calls the Form III instrument an "order/bond not to dispose of the stock". The order is the stop on dealing with the goods. The bond, where required, is a separate document in Form IV, and the section 38 proviso ties its amount to the value of the article.
What you should not do
Once the stock is sealed and the Form III order is made, the stock must not be sold, moved or used. The Act treats interference with seized items as an offence. It has its own provisions, covered in sections 60 and 62 on interfering with seized items and obstructing the Food Safety Officer. Failure to follow the officer's directions can also attract a penalty under section 55 of the Act, which says up to two lakh rupees (see sections 54 and 55).
Practical examples
Example 1. An officer finds packaged food in a godown that appears to contravene the Act. He seizes some cartons and takes them away. Under Rule 2.3.1 he must give a Form II receipt to the person from whom the cartons were taken.
Example 2. An officer takes a sample from a large lot and leaves the rest in the warehouse. He seals the stock and issues a Form III order. The warehouse owner cannot release the stock until the matter is resolved. The officer may also ask the owner to sign a Form IV bond.
Example 3. Perishable food that has been seized deteriorates. Section 38(4) says the officer may, after written notice to the operator, have it destroyed if he is satisfied it is unfit for human consumption. Keep a record of the notice.
Need help after stock has been sealed?
If stock has been seized or sealed at your premises, it is worth reading the Form II receipt and the Form III order carefully before anything else. TaxClue can review them with you and prepare a response through our FSSAI notice reply service. We work only from the papers and the law as written.
Key takeaways
- Seizure under section 38(1)(b) requires a Form II receipt to the person from whom the food was taken.
- Stock left in your custody is sealed and covered by a Form III order that you must obey.
- The officer may require a Form IV bond; under section 38 the sum equals the value of the article, with sureties as he thinks fit.
- Dealing with sealed or seized stock can lead to further action under the Act.
- Perishable food that is unfit may be destroyed after written notice.
Read next
- Rules 2.2.1 and 2.2.2: extracts of seized documents and affidavit
- Rules 2.4.2 and 2.4.3: analysis by Food Analyst and action by Designated Officer
- Seizure and destruction of unsafe food by the FSO
- How food samples are collected and tested under FSSAI
Disclaimer: Based on the Food Safety and Standards Act, 2006 as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 where it applies (ss.59, 61 and 63 only), and the FSS Rules, 2011 (compendium Version I of 1 April 2025). Section 38(5) of the Act refers to the Code of Criminal Procedure, 1973, now read as a reference to the Bharatiya Nagarik Suraksha Sanhita, 2023. Verify current notifications, regulations and FSSAI orders before acting.