2 of the FSS 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 3.1.2 of the Food Safety and Standards Rules, 2011 governs the end of an adjudication: the order that imposes a penalty or dismisses the case, what it must say, how the penalty is paid, who gets a copy and how notices and orders are served. If you have received an order, the appeal clock may already be running. Our FSSAI penalty adjudication service can help you review it.
After the inquiry, the Adjudicating Officer either imposes a penalty (and/or suitable administrative action) by written order, or dismisses the case if the contravention is "not proved beyond doubt". The order must name the provisions contravened, give brief reasons, be dated and signed, and have due regard to section 49. A money penalty is paid by crossed demand draft in favour of the Adjudicating Officer. A copy goes to the person and to the Food Safety Officer. Service is by delivery, registered post, or affixing on the premises with two witnesses. This article follows the compendium Version I of 1 April 2025.
What the Adjudicating Officer can decide
| Sub-rule | Outcome or requirement |
|---|---|
| 1 | If satisfied that a person has become liable to penalty and/or any suitable administrative action under the sections in Rule 3.1.1(5), he may by written order impose such penalty as he thinks fit, in accordance with the relevant section |
| 2 | If the contravention has "not been proved beyond doubt", he dismisses the case |
| 3 | The order specifies the provisions of the Act, rules or regulations contravened and contains brief reasons; while imposing a monetary penalty he has due regard to section 49; the penalty is remitted by crossed demand draft on a nationalised bank in favour of "Adjudicating Officer, ……District", payable at his station |
| 4 | The order is dated and signed |
| 5 | A copy goes to the person(s) against whom the inquiry was held and to the Food Safety Officer who filed the application |
| 6 | Manner of serving notices and orders |
The sections in Rule 3.1.1(5) are 50 to 58, 61, 63, 64, 65, 66 and 67 (see Rule 3.1.1). For sections 61 and 63, the Jan Vishwas (Amendment of Provisions) Act, 2023 makes the consequence a penalty up to ten lakh rupees.
What "penalty as he thinks fit" means
The wording gives the officer room, but the room is limited. The penalty must be "in accordance with the provisions of the relevant section" of the Act, so the upper limit in that section applies, and section 49 sets the guidelines he must keep in view (see section 49 on penalty guidelines). An order that does not name the provision contravened or give reasons falls short of sub-rule 3.
Dismissal
Sub-rule 2 uses the words "not been proved beyond doubt". The Adjudicating Officer "shall dismiss the case". The Rules do not add a separate form of acquittal order.
Paying the penalty
The text of sub-rule 3 is specific: a crossed demand draft drawn on a nationalised bank, in favour of "Adjudicating Officer, ……District", payable at the place where that officer is located. The compendium does not mention any other mode for this payment, so read the order itself for payment instructions.
Serving notices and orders under sub-rule 6
A notice or order under these rules is served on the person against whom the proceedings were held in one of these ways, in order:
- Delivering or tendering it to the person or his duly authorised representative; or
- Registered post with acknowledgement due, to his place of residence or last known residence, or the place where he carries on or last carried on business, or personally works or last worked for gain; or
- If neither works, affixing it on the outer door or another conspicuous part of the premises where he resides or carries on business or works, with a written report witnessed by two persons.
This matters because the appeal period under Rule 3.3.1 runs from the date the copy of the order is received by the appellant. Keep the acknowledgement card, the courier or post receipt and a note of who received the order.
Practical examples
Example 1. A snack manufacturer is found to have contravened a section punishable with penalty. The order names the section, gives two lines of reasons, is dated and signed, and imposes a penalty within the section's limit. The manufacturer must pay by crossed demand draft.
Example 2. The Adjudicating Officer concludes that the analysis report does not prove the contravention beyond doubt. He dismisses the case, and the order is sent to the operator and to the Food Safety Officer.
Example 3. The operator has moved premises and the registered post comes back. The Adjudicating Officer may affix the order on the conspicuous part of the last known business premises and record a report witnessed by two persons. The operator should check the premises and the records for such a notice.
Need help reviewing an order?
When an Adjudicating Officer's order reaches you, you will want to check the section cited, the reasons, the penalty and the date of receipt before deciding what to do. TaxClue can help with that review and with the next steps through FSSAI penalty adjudication. Bring the complete order and the service envelope or receipt.
Key takeaways
- The order is in writing, dated and signed.
- It must name the provisions contravened and give brief reasons.
- Section 49 must be kept in view when fixing the monetary penalty.
- The penalty is paid by crossed demand draft in favour of the Adjudicating Officer.
- A copy goes to the person and to the Food Safety Officer.
- Service may be by delivery, registered post, or affixing with two witnesses.
Read next
- Rule 3.1.1: adjudication, holding of inquiry
- Rule 3.3.1: appeal to the Appellate Tribunal
- Section 49: general provisions relating to penalty
- 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.