Section 21 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 21 of the Food Safety and Standards Act, 2006 fixes two rules. Food must not contain pesticide, veterinary drug, antibiotic or solvent residues, pharmacologically active substances or microbiological counts above the tolerance limits set by regulations. And no insecticide may be used directly on food, except fumigants registered and approved under the Insecticides Act, 1968.
Under s.21(1), no article of food may contain insecticide or pesticide residues, veterinary drug residues, antibiotic residues, solvent residues, pharmacologically active substances or microbiological counts above the tolerance limit specified by regulations. Under s.21(2), no insecticide may be used directly on food except fumigants registered and approved under the Insecticides Act, 1968. Food that exceeds the limits can be unsafe (s.3(1)(zz)(xii)) and punished under s.59.
Section 21 at a glance
| Provision | What it says |
|---|---|
| 21(1) | No food to contain the listed residues and microbiological counts above tolerance limits specified by regulations |
| 21(2) | No insecticide used directly on food, except fumigants registered and approved under the Insecticides Act, 1968 |
| Explanation (1) | Defines "pesticide residue" |
| Explanation (2) | Defines "residues of veterinary drugs" |
Section 21(1): the tolerance limits
The list in s.21(1) is wide. It names:
- insecticide or pesticide residues;
- veterinary drug residues;
- antibiotic residues;
- solvent residues;
- pharmacologically active substances; and
- microbiological counts.
Each is barred only "in excess of such tolerance limit as may be specified by regulations". As with s.20, the Act sets no number. The limit for each substance and each food is found in the regulations notified by the Food Authority, which this article does not reproduce. Our existing post on pesticide residues and antibiotics in food covers the subject in practice terms.
Microbiological counts sit in this list too. That means a food can breach s.21 without any chemical at all: a count of organisms above the specified limit is enough. For a dairy, a ready-to-eat manufacturer or a caterer, the hygiene of the kitchen and the cold chain is therefore a legal question as well as a quality one.
The two definitions
The Explanation gives two definitions.
"Pesticide residue" means any specified substance in food resulting from the use of a pesticide. It includes derivatives of a pesticide, such as conversion products, metabolites, reaction products and impurities considered to be of toxicological significance. It also includes residues "coming into food from environment". That last phrase is important: a grower who did not spray the crop can still be caught if the residue arrived through soil, water or drift.
"Residues of veterinary drugs" include the parent compounds or their metabolites or both in any edible portion of any animal product, and residues of associated impurities of the veterinary drugs concerned. So milk, meat, eggs, honey or fish products carrying drug residues fall within it.
If you supply raw material from farms or sell animal-origin food and want to check the regulatory limits that apply, our compliance support team can help you map them.
Section 21(2): no direct insecticide use on food
Section 21(2) says: "No insecticide shall be used directly on article of food except fumigants registered and approved under the Insecticides Act, 1968." This is an absolute rule with one exception.
- Direct use means applying the insecticide to the food itself.
- The exception is for fumigants that are both registered and approved under the Insecticides Act. A fumigant that is not registered and approved is outside the exception.
The section does not ban pest control in a warehouse or godown as such. It is about use directly on the article of food. The Insecticides Act, 1968 is a separate Act and its own rules govern registration and use; this article does not go into them.
Who is liable
Section 27 makes the manufacturer or packer liable for food that does not meet the Act and regulations, and makes wholesalers, distributors and sellers liable for food that is unsafe or misbranded, among other things. An importer may not import unsafe or sub-standard food or food in contravention of the Act or regulations (s.25). A supplier's residue problem therefore travels down the chain.
Section 48(2)(b) protects primary food only where the quality or purity has fallen below the standard, or constituents are outside the limits of variability, solely due to natural causes and beyond the control of human agency. Pesticide and drug residues come from human use, so that protection is unlikely to help for them, and this article does not suggest it will.
Consequences
Section 21 has no penalty clause. The route depends on the classification.
- Unsafe food. Section 3(1)(zz)(xii) treats food as unsafe where it is rendered injurious to health "by virtue of containing pesticides and other contaminants in excess of quantities specified by regulations". Section 59(i), as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023, provides imprisonment up to three months and fine up to three lakh rupees where there is no injury. Clauses (ii) to (iv) provide higher punishment where injury or death results.
- Sub-standard food. A penalty up to five lakh rupees under s.51 may be invoked where the food fails a standard; see Penalty for substandard food, section 51.
- Residuary penalty. Section 58 carries a penalty up to two lakh rupees for contraventions with no specific penalty.
Where the charge carries imprisonment, the procedure in s.42 (analysis within fourteen days, recommendation to the Commissioner, sanction) applies; see our article on sections 41 and 42.
Example 1. A dairy's milk is sampled and the analyst reports an antibiotic residue above the specified limit. Section 21(1) is engaged because the limit is set by regulations, and the dairy can examine the analyst's method and report and use its procedural rights on sampling.
Example 2. A trader sprays an insecticide not registered as a fumigant directly on stored grain. Whatever the residue test shows, s.21(2) is breached by the direct use.
Need help with residue and limit compliance?
If your product line uses farm or animal-origin inputs, or a sample has come back against a residue limit, TaxClue can help you check the limits and plan your response. Start from our compliance support page.
Key takeaways
- Section 21(1) bars residues of pesticides, veterinary drugs, antibiotics, solvents, pharmacologically active substances and microbiological counts above regulatory tolerance limits.
- Residues "coming into food from environment" count as pesticide residues.
- Section 21(2) bars direct insecticide use on food except registered and approved fumigants under the Insecticides Act, 1968.
- Unsafe food under s.59 is one route to punishment; s.51 and s.58 are others.
- The limits themselves are in regulations, not in the Act.
Read next
- Pesticide residues and antibiotics in food: FSSAI limits
- Section 20: contaminants and naturally occurring toxic substances
- Section 22: genetically modified, organic, functional and proprietary foods
- 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). Residue limits are in regulations not reproduced here. Verify current notifications, regulations and FSSAI orders before acting.