Sections 35 and 36 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 35 lets the Food Authority require doctors to report food poisoning. Section 36 creates the Designated Officer, the district-level officer who issues and cancels food licences, receives samples from Food Safety Officers, and decides how prosecutions start. Together they link the public-health signal to the licensing and enforcement machinery.
Section 35: by notification, the Food Authority may require registered medical practitioners in a specified local area to report all occurrences of food poisoning coming to their notice to a specified officer. Section 36: the Commissioner of Food Safety appoints a Designated Officer, not below the rank of Sub-Divisional Officer, with one for each district, whose functions include issuing or cancelling licences, prohibiting sale of non-compliant food, getting samples analysed and sanctioning or recommending prosecution.
Section 35: notification of food poisoning
The section is one sentence: "The Food Authority may, by notification, require registered medical practitioners carrying on their profession in any local area specified in the notification, to report all occurrences of food poisoning coming to their notice to such officer as may be specified."
Points to note:
- It is enabling, not automatic. The word is "may". A doctor is bound to report only where the Food Authority has issued a notification covering that local area.
- It covers registered medical practitioners. The duty falls on doctors practising in the notified area, not on hospitals as institutions or on food businesses.
- It covers "all occurrences" that come to their notice. The trigger is the doctor's knowledge in the course of practice.
- The recipient is "such officer as may be specified". The Act does not name the officer in s.35; the notification does.
For a food business, the practical effect is that a cluster of illness linked to your premises can reach the authorities through a doctor, before any customer complains to you. Section 28 separately requires a food business operator who has reason to believe that food placed on the market may be unsafe to inform the competent authorities immediately; see our posts on food recall. If you want a response plan for such an event, our compliance support team can help you prepare one.
Section 36: the Designated Officer
Appointment, rank and area (s.36(1) and (2))
The Commissioner of Food Safety appoints the Designated Officer by order. The officer:
- shall not be below the rank of a Sub-Divisional Officer;
- is in charge of food safety administration in the area specified by regulations; and
- must exist for each district (s.36(2)).
The regulations define the area, so a Designated Officer's jurisdiction is set by regulations and, for licensing, separate areas can need separate licences (s.31(7)). See our article on section 31.
The functions (s.36(3))
| Clause | Function |
|---|---|
| (a) | Issue or cancel licences of food business operators |
| (b) | Prohibit the sale of any article of food in contravention of the Act, rules and regulations |
| (c) | Receive reports and samples from Food Safety Officers under his jurisdiction and get them analysed |
| (d) | Recommend to the Commissioner of Food Safety sanction to launch prosecution for contraventions punishable with imprisonment |
| (e) | Sanction or launch prosecutions for contraventions punishable with fine |
| (f) | Maintain a record of all inspections by Food Safety Officers and action taken |
| (g) | Get investigated any written complaint of contravention of the Act, rules and regulations |
| (h) | Investigate any written complaint against a Food Safety Officer |
| (i) | Perform other duties entrusted by the Commissioner of Food Safety |
How the Designated Officer fits the rest of the Act
- Licensing. The Designated Officer receives applications and grants or refuses them under s.31(3) and (4). Refusal needs a hearing and recorded reasons; appeal lies to the Commissioner.
- Improvement notices. Under s.32, the Designated Officer serves an improvement notice where he has reasonable ground to believe a food business operator has failed to comply with the relevant regulations. See how to respond to an improvement notice.
- Prosecution. Under s.42, the Food Analyst sends the report to the Designated Officer, who decides whether the contravention is punishable with imprisonment or fine only, and sends his recommendations on imprisonment cases to the Commissioner within fourteen days. The article on sections 41 and 42 covers it.
- Powers of an FSO. Section 29(6) gives the Designated Officer the same powers as a Food Safety Officer and the same procedure; see the article on section 29.
Fine versus imprisonment: who launches?
Clauses (d) and (e) of s.36(3) split prosecution by punishment type. Where the contravention is punishable with fine, the Designated Officer can sanction or launch the prosecution himself. Where it is punishable with imprisonment, he can only recommend to the Commissioner, who decides. Penalties that are purely monetary, such as those in ss.50 to 58, are decided by an Adjudicating Officer rather than a criminal court, so the classification by punishment type is what guides the route; see our post on adjudication of food safety cases.
The Jan Vishwas (Amendment of Provisions) Act, 2023 changed ss.61 and 63 from imprisonment and fine to a penalty of up to ten lakh rupees, and cut the s.59(i) term to three months. Because those two sections now speak of a penalty and not imprisonment, read clauses (d) and (e) of s.36(3) with the amended text when you work out which route a false-information or no-licence case takes.
Two examples
A cluster of illness after a wedding. Several guests see local doctors. If the Food Authority has notified the area under s.35, the doctors must report the food poisoning to the specified officer. The Designated Officer can then get a complaint investigated (s.36(3)(g)) and, if the evidence supports it, prohibit sale of the food concerned (s.36(3)(b)).
A cancelled licence. A caterer's licence is cancelled by the Designated Officer under s.36(3)(a). The cancellation power is listed here; the grounds and procedure are in the regulations, so check them for the caterer's situation.
Need help dealing with the Designated Officer?
If you have received a notice, a hearing call or a licence query from the Designated Officer's office, TaxClue can help you prepare. See our compliance support page.
Key takeaways
- Section 35 is enabling: the Food Authority may, by notification, require doctors in specified areas to report food poisoning.
- The Designated Officer is appointed by the Commissioner, not below Sub-Divisional Officer rank, one for each district.
- Functions include issuing or cancelling licences, prohibiting sale, getting samples analysed and dealing with prosecution.
- Fine-only cases can be sanctioned by the Designated Officer; imprisonment cases go to the Commissioner on his recommendation.
- He also investigates complaints against Food Safety Officers.
Read next
- Section 31: licensing and registration of food business
- Section 29: authorities responsible for enforcement
- Food Safety Officers: appointment, powers and duties
- Food recall: when and how to recall unsafe products
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). Verify current notifications, regulations and FSSAI orders before acting.