Rule 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.
Rule 2.4.4 of the Food Safety and Standards Rules, 2011 lets a buyer of food get it analysed by the Food Analyst. The buyer must give the seller written notice in Form V B at the time of purchase, the sample is split into two sealed parts, and the Food Analyst reports within fourteen days. If you sell food, this is the route by which a customer's complaint can turn into an official lab report against you. See our FSSAI compliance support page for how we help businesses prepare.
A purchaser may have a food article analysed "according to the procedure notified by the Food Authority". He must give written notice in Form V B, then and there, to the person he bought it from, and pay the prescribed fee to the Food Analyst. The sample is divided into two parts, one to the Food Analyst and one to the Designated Officer for any later appeal by the Food Business Operator. The report in Form VII A must come within 14 days. If the food fails, the Analyst also sends the report to the Designated Officer. This article follows the compendium Version I of 1 April 2025.
The Act behind the rule
Section 40(1) of the Act says nothing in the Act prevents a purchaser, other than a Food Safety Officer, from having food analysed by the Food Analyst on payment of fees and receiving a report within the period set by regulations. Two provisos apply: the purchaser must inform the food business operator at the time of purchase of his intention, and if the report shows non-compliance, he is entitled to a refund of the fees paid. Section 40(2) says that where the Analyst finds a contravention, the report goes to the Designated Officer to follow the section 42 prosecution procedure. See sections 39 and 40 for more.
What Rule 2.4.4 requires, step by step
| Sub-rule | Requirement |
|---|---|
| 1 | The purchaser may have the article analysed by the Food Analyst according to the procedure notified by the Food Authority |
| 2 | He gives a notice in writing, then and there, in Form V B, of his intention to have it analysed, to the person from whom he bought it |
| 3 | Rule 2.4.1 applies with changes: sample divided into two parts, or two already sealed packages taken, each marked and sealed; the seller's (or a witness's) signature or thumb impression goes on the label; the purchaser sends one part to the Food Analyst and the other to the Designated Officer |
| 4 | The purchaser pays the prescribed fee to the Food Analyst |
| 5 | The Analyst reports to the purchaser; if the food is found adulterated, misbranded, contaminated or not conforming to the Act or Regulations, he also sends the report in triplicate to the Designated Officer of the area where it was bought |
| 6 | The report goes out within 14 days of receipt and is in Form VII A |
In sub-rule (3), Rule 2.4.1 applies "mutatis mutandis" except sub-rules 2.4.1(9)(i) and (iv), (10)(ii) and (iii), (11) and (16). This article does not go into the detail of Rule 2.4.1.
The part that protects the seller
The second part of the sample goes to the Designated Officer. The text says it "can be used in the event of appeal by the Food Business Operator against the finding of the report of the Food Analyst". So a seller whose product is reported as failing still has the route of appeal under section 46(4) (see Rules 2.4.5 and 2.4.6). The seller's signature on the label is also part of the record.
Fee and refund
The rule says the purchaser pays "the prescribed fee" and does not state an amount, and this article gives none. The refund right sits in section 40(1): if the report shows non-compliance, the purchaser gets the fee back. Rule 2.1.2(2)(iii) makes the Designated Officer responsible for ensuring that the refund is made, besides the cost of the sample (see Rule 2.1.2).
What happens after a failing report
If the report finds the food adulterated, misbranded, contaminated or non-conforming, the Food Analyst sends it to the Designated Officer, and section 40(2) points to the procedure for prosecution in section 42. Whether the matter proceeds by adjudication or prosecution depends on the section charged; see Rule 3.1.1.
Practical examples
Example 1. A customer buys a packet of spice from a retailer and doubts its quality. At the counter he tells the shopkeeper he wants it analysed and gives a written Form V B notice. The pack is split into two sealed parts; the shopkeeper signs the label.
Example 2. A customer buys loose sweets and says he will have them tested but gives no notice to the seller. The Act's proviso requires that the seller be told at the time of purchase, so the retailer should insist that the notice be given properly and recorded.
Example 3. A test report says a packed beverage is misbranded. The Analyst sends the report to the purchaser and, in triplicate, to the Designated Officer of the area where it was purchased. The seller can look to the second part of the sample if he wants to appeal.
Need help if a customer has tested your product?
If you have been given a Form V B notice or a Designated Officer has sent you a purchaser's analysis report, TaxClue can help you understand the procedure and plan your response under our FSSAI compliance support. We can also help you set up a simple record of customer complaints.
Key takeaways
- A purchaser may have food analysed under section 40 and Rule 2.4.4.
- He must give Form V B notice to the seller at the time of purchase.
- The sample is divided into two sealed parts: one to the Analyst, one to the Designated Officer.
- The Analyst reports in Form VII A within 14 days.
- A failing report goes to the Designated Officer, and the purchaser is entitled to a refund of the fee.
Read next
- Sections 39 and 40: FSO liability and purchaser right to analysis
- Rules 2.4.2 and 2.4.3: analysis by Food Analyst
- Rules 2.4.5 and 2.4.6: FBO right to analysis and appeal
- Certificate of Food Analyst: legal validity
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). Verify current notifications, regulations and FSSAI orders before acting.