Section 20 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.
Section 20 of the Food Safety and Standards Act, 2006 bars food from containing a contaminant, naturally occurring toxic substance, toxin, hormone or heavy metal above the quantity specified by regulations. The Act sets the principle; the numbers sit in regulations made by the Food Authority.
No article of food may contain any contaminant, naturally occurring toxic substance or toxin, hormone or heavy metal in excess of the quantity specified by regulations (s.20). The limit is a regulatory number, so the Act gives no figure. Food that exceeds it can be "unsafe food" under s.3(1)(zz)(xii) and punished under s.59, or treated as sub-standard or as a residuary contravention, depending on the facts and the lab report.
What section 20 says
The section reads: "No article of food shall contain any contaminant, naturally occurring toxic substances or toxins or hormone or heavy metals in excess of such quantities as may be specified by regulations."
It covers five groups of substance:
| Item in s.20 | Plain meaning |
|---|---|
| Contaminant | A substance that gets into food unintentionally, for example through the environment, equipment or handling |
| Naturally occurring toxic substances or toxins | Substances that arise naturally in a food or in the organisms that grow on it |
| Hormone | Hormone content above a specified level |
| Heavy metals | Metals such as those tested for in food, where regulations fix a limit |
The table gives plain-language meanings only. The Act itself does not define "contaminant" or list the metals or toxins; the regulations notified by the Food Authority do. Our post on contaminants and toxins: maximum limits and the one on heavy metals and aflatoxins discuss the practice side.
Two features of the wording matter.
- The test is "in excess of". Traces are not banned. A food breaches s.20 only if the quantity is above what the regulations specify. If the regulations specify no limit for a substance in a particular food, this section does not by itself give a number to test against.
- The limit is whatever regulations say at the time. It can change when the Food Authority amends the regulations, so a past clean report is not a permanent assurance.
How it fits with sections 19 and 21
Three consecutive sections in Chapter IV set the chemical safety boundary of food.
- Section 19 deals with things put in on purpose: additives and processing aids. See the article on section 19.
- Section 20 deals with contaminants, toxins, hormones and heavy metals.
- Section 21 deals with pesticide, veterinary-drug, antibiotic and solvent residues and microbiological counts. See the article on section 21.
Section 3(1)(zz)(xii) ties the last two to the concept of unsafe food: food is unsafe if it is rendered injurious to health "by virtue of containing pesticides and other contaminants in excess of quantities specified by regulations".
If your product has had an adverse lab report, our compliance support team can help you understand the regulatory limit that applies and what to do next.
Natural causes and primary food
There is a protection in a different section that is relevant here. Section 48(2)(b) says that where the quality or purity of an article, being primary food, has fallen below the specified standard, or its constituents are present in quantities not within the specified limits of variability, solely due to natural causes and beyond the control of human agency, the article is not to be deemed unsafe, sub-standard or food containing extraneous matter. "Primary food" is defined in s.3(1)(zk) as a produce of agriculture, horticulture, animal husbandry and dairying or aquaculture in its natural form, in the hands of a person other than a farmer or fisherman.
The protection is narrow. It applies to primary food, not processed products, and only where the cause is solely natural and beyond human control. A trader's lot of raw grain that carries a naturally occurring toxin at a level that could not be avoided is within its terms. A manufacturer whose process concentrates a toxin is not.
Who is liable
Liability follows the chain of supply.
- Manufacturers and packers are liable for food that does not meet the Act and regulations (s.27(1)), so they must control raw material quality and process hygiene.
- Wholesalers and distributors are liable for food that is unsafe or misbranded and for food received with knowledge that it is unsafe (s.27(2)).
- Sellers are liable for food received with knowledge of being unsafe and for food handled in unhygienic conditions (s.27).
- Importers may not import unsafe or sub-standard food, or food in contravention of the Act or regulations (s.25(1)); see the article on section 25.
What the consequences can be
Section 20 has no penalty clause. If a sample exceeds a limit set by regulations, the classification decides the penalty.
- If the excess makes the food unsafe, s.59 applies. Where there is no injury, clause (i) of s.59, as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023, provides imprisonment up to three months and fine up to three lakh rupees. Clauses (ii) to (iv) apply if injury or death results.
- If it is treated as sub-standard, s.51 provides a penalty up to five lakh rupees.
- If neither fits, the residuary penalty in s.58 is up to two lakh rupees.
The adjudicating officer or tribunal must have regard to the gain made, the loss caused, repetition and whether the contravention was without knowledge (s.49). See the article on s.49.
Example. A spice processor's export-quality lot is tested by a Food Safety Officer's sample and the analyst reports a heavy metal above the regulatory limit. The processor can look at the method of analysis and the limit that applies to that food. Where the sample is sent for analysis, the Act's procedure on sampling and appeal also applies; a reader who wants the procedure can start with our post on sampling procedures.
Need help with a failed lab report?
If a sample has failed on a contaminant or heavy-metal limit, or you want your raw-material checks reviewed before it comes to that, TaxClue can go through the report and the applicable limit with you. See our compliance support page.
Key takeaways
- Section 20 bars contaminants, natural toxins, hormones and heavy metals above limits specified by regulations.
- The Act fixes no numbers; the regulations do, and they can change.
- Excess can make food unsafe, sub-standard or a residuary contravention.
- Section 48(2)(b) protects primary food only where the shortfall is solely natural and beyond human control.
- Manufacturers, distributors, sellers and importers each carry a part of the liability.
Read next
- Contaminants and toxins in food: FSSAI maximum limits
- Section 19: food additives and processing aids
- Section 21: pesticide residues, veterinary drugs and microbiological counts
- Sampling procedures 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). Contaminant limits are in regulations not reproduced here. Verify current notifications, regulations and FSSAI orders before acting.