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.
Rules 2.5.1 and 2.5.2 of the Food Safety and Standards Rules, 2011 tell a company with several establishments how to name the person who is answerable for food safety at each one. The nomination is made in Form IX to the Licensing Authority and must be updated forthwith when it changes. If your business runs several outlets, see our FSSAI multiple branches page.
A company that has different establishments, branches or units must inform the Licensing Authority in Form IX of the particulars of the head or person in charge of each one, with a certification that the person has been nominated for the purposes of section 66 of the Act and the regulations under section 31 (Rule 2.5.1). Any change in the nomination must be intimated forthwith, again in Form IX (Rule 2.5.2). The nomination decides who answers for an offence at that branch. This article follows the compendium Version I of 1 April 2025.
Why nomination matters: section 66
Section 66(1) of the Act makes every person in charge of, and responsible to, a company for the conduct of its business guilty along with the company when the company commits an offence. The first proviso changes this for multi-site companies: where a company has different establishments, branches or units, the concerned Head or person in charge nominated by the company as responsible for food safety is liable for contravention at that establishment, branch or unit. The second proviso gives a defence where the person proves the offence happened without his knowledge or that he used all due diligence. See section 66 on offences by companies. "Company" in section 66 means anybody corporate and includes a firm or other association of individuals.
Rule 2.5.1 is the way of making the nomination in the first proviso official.
Rule 2.5.1: the Form IX nomination
| Element | What the rule says |
|---|---|
| Who acts | The company that has different establishments, branches or units |
| What it gives | Particulars of the head or person in charge of the establishment, branch or unit |
| To whom | The Licensing Authority |
| Form | Form IX |
| Certification | That the person has been nominated for the purposes of section 66 of the Act and regulations made under section 31 |
The compendium's wording is "any establishment or branch shall inform the Licensing authority in Form IX". The Licensing Authority is the Designated Officer for the local area and other officers appointed to grant licences (see Rule 1.2.1). Which Licensing Authority gets the form depends on where the establishment is licensed; the Rules do not add more detail.
Rule 2.5.2: changes must be intimated forthwith
Rule 2.5.2 adds that the company must intimate the Licensing Authority "as and when any change occurs in the nomination given in Rule 2.5.1 above forthwith, in Form IX". The rule does not define "forthwith" in days. Treat it as immediately, and keep a dated acknowledgement.
The link to Rule 2.5 elsewhere in the Rules
Rule 2.5 is also referred to in the sampling and adjudication rules. Rules 2.4.5, 3.1.1(1) and 3.1.1(2) speak of "the person whose name and address and other particulars have been disclosed under Rule 2.5". That person may ask for the fourth part of a sample to be analysed (see Rules 2.4.5 and 2.4.6) and may be the one against whom an application for adjudication is filed (see Rule 3.1.1). So the nomination has consequences in the procedure, not only in prosecution.
What to put in place
- List every establishment that holds its own licence or registration.
- Choose the responsible person for each site, a person with real control over food safety there.
- File Form IX with the Licensing Authority, with the required certification of nomination.
- Record changes at once. When the manager leaves or is transferred, file a fresh Form IX forthwith.
- Keep proof of filing for each site.
The Rules do not say whether the nominee must consent or be an employee, and this article does not add such conditions.
Practical examples
Example 1. A restaurant company has five outlets in one city. It files Form IX for each outlet naming the manager. If an offence is committed at outlet three, the section 66 proviso points to the person nominated for that outlet.
Example 2. The manager of a manufacturing unit resigns. The company appoints a new head but forgets to file. An inspection finds contravention. The Licensing Authority's record still shows the old person. File a new Form IX forthwith, not after the event.
Example 3. A company has only one registered office and one factory. Rule 2.5.1 applies to a company "having different establishments or branches, units", so the company should check whether it falls within the rule on its facts.
Need help with multi-branch nominations?
If your company runs many outlets or units and you are unsure who should be nominated or how to keep Form IX current, TaxClue can help you set up a branch-wise list and filing record under our FSSAI multiple branches service. We will work from your licence list and your organisation chart.
Key takeaways
- A multi-site company nominates a head or person in charge for each establishment in Form IX.
- The form goes to the Licensing Authority with a certification that the nomination is for section 66.
- Changes in the nomination must be intimated forthwith, again in Form IX.
- The nomination decides who is liable for contravention at that site under section 66.
- The person named is also the person referred to in the sampling and adjudication rules.
Read next
- Section 66: offences by companies
- Rules 2.4.5 and 2.4.6: FBO right to analysis and appeal
- Rule 3.1.1: adjudication, holding of inquiry
- Section 31: licensing and registration of food business
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.