Rule 3 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 3.1.1 of the Food Safety and Standards Rules, 2011 is the procedure by which a food safety case that is punishable only with fine or penalty goes before an Adjudicating Officer. It covers who decides that the case belongs there, what notice you get, how the hearing runs and when the final order is due. If you have been served with an adjudication notice, see our FSSAI penalty adjudication service.
After the Food Analyst's report (and any appeal to the Designated Officer or referral laboratory), the Designated Officer checks whether the contravention is punishable with imprisonment or only with fine. If only fine, the Food Safety Officer files an application for adjudication with the Adjudicating Officer. The Adjudicating Officer issues a notice giving not less than 30 days to make a representation, hears the case, and must pass the final order within 90 days from the date of the first hearing. He can proceed in your absence after recording reasons. This article follows the compendium Version I of 1 April 2025.
Step 1: the Designated Officer decides the track
Rule 3.1.1(1) applies on receipt of the copy of the Food Analyst's report in Form VII A. The trigger is one of these:
- the person from whom the sample was taken (or the person disclosed under Rule 2.5, or the wholesaler or manufacturer) appealed to the Designated Officer under section 46(4) and the appeal was dismissed;
- the referral laboratory confirmed the Food Analyst's findings; or
- no appeal was preferred.
The Designated Officer then examines the case on the sections under which the person is charged: is the contravention punishable with imprisonment, or with fine only? If no contravention is established and the sample conforms to the regulations, this is communicated to the Food Business Operator immediately. (For the appeal stage, see Rules 2.4.5 and 2.4.6.)
Step 2: the application for adjudication
If the contravention is not punishable with imprisonment but only with fine, the Designated Officer causes and authorises the Food Safety Officer to file an application for adjudication with the Adjudicating Officer (sub-rule 2). It names the person from whom the sample was taken, or the person disclosed under Rule 2.5 (see Rules 2.5.1 and 2.5.2), and/or the seller or manufacturer. The Food Safety Officer files it (sub-rule 3) and the Adjudicating Officer begins the inquiry (sub-rule 4). Section 68(1) of the Act says the Adjudicating Officer is an officer not below the rank of Additional District Magistrate, notified by the State Government (see adjudication of food safety cases).
Which sections can be adjudicated
Sub-rule 5 gives the Adjudicating Officer power to hold an inquiry for offences under sections 50, 51, 52, 53, 54, 55, 56, 57, 58, 61, 63, 64, 65, 66 and 67 of the Act. In the compendium, "61, 63" appear in square brackets, marking them as inserted by amendment. Under the Jan Vishwas (Amendment of Provisions) Act, 2023, sections 61 and 63 now provide a penalty up to ten lakh rupees instead of imprisonment and fine, which fits this listing. Section 59 (unsafe food with imprisonment) is not in the list.
Step 3: the notice
| Feature | Rule 3.1.1 |
|---|---|
| Who issues | The Adjudicating Officer |
| Purpose | Give the person an opportunity to make a representation |
| Time | As specified in the notice, not less than 30 days from service |
| Contents | Nature of the offence alleged; section(s) contravened; date of hearing; a copy of the Food Analyst's report annexed |
| Waiver | At the request of the person, the notice may be waived (first proviso to sub-rule 9) |
Step 4: the hearing
- On the hearing date the Adjudicating Officer explains the offence alleged and the provision of the Act, rules or regulations involved, to you or your authorised representative (sub-rule 8).
- He then gives an opportunity to produce documents or evidence you consider relevant; the hearing may be adjourned (sub-rule 9).
- The State Government may appoint a presenting officer from the panel of advocates of the local court (sub-rule 10).
- He has power to summon and enforce attendance of any person acquainted with the facts and to require production of documents (sub-rule 11).
The 90-day rule
The second proviso to sub-rule 9 says the Adjudicating Officer "shall pass the final order within 90 days from the date of first hearing mentioned in Rule 3.1.1 (8)". The text does not say what follows if that period is exceeded, so this article does not guess.
Non-appearance
If a person fails, neglects or refuses to appear as required by the notice, the Adjudicating Officer may proceed with the inquiry in his absence, after recording reasons (sub-rule 12). Do not ignore a notice.
Practical examples
Example 1. A sample of a beverage is reported as sub-standard. The operator does not appeal. The Designated Officer finds the section charged carries fine only and authorises the Food Safety Officer to file an application. The Adjudicating Officer issues a notice giving 30 days, annexing the report.
Example 2. The operator's appeal under section 46(4) is dismissed, then the referral laboratory confirms the original findings. Rule 3.1.1(1) says the Designated Officer proceeds to examine which track the case belongs on.
Example 3. A trader receives a notice on Monday with a hearing fixed for the first date. He sends his authorised representative with invoices and batch records. The Adjudicating Officer explains the alleged offence and lets the representative produce them. The final order is due within 90 days from that first hearing.
Example 4. A company does not reply at all. The Adjudicating Officer records reasons and proceeds without hearing it. The company then has only the appeal route under Rule 3.3.1.
Need help with an adjudication notice?
A notice from the Adjudicating Officer has a hearing date and a short window. TaxClue can help you read the notice and the analysis report, collect your documents and prepare a written representation through FSSAI penalty adjudication. We work from the notice you received and the text of the Act and Rules.
Key takeaways
- The Designated Officer decides whether the case is fine-only (adjudication) or imprisonment (prosecution).
- The Food Safety Officer files the application for adjudication.
- The notice must give at least 30 days and annex the Food Analyst's report.
- The final order is due within 90 days from the first hearing.
- If you do not appear, the inquiry can proceed without you after reasons are recorded.
- The sections covered are 50 to 58, 61, 63, 64, 65, 66 and 67.
Read next
- Rule 3.1.2: order of the Adjudicating Officer
- Section 49: general provisions relating to penalty
- Rules 2.4.2 and 2.4.3: analysis by Food Analyst
- Appeal against Adjudicating Officer order
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.