Sections 43 and 44 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 43 of the Food Safety and Standards Act, 2006 lets the Food Authority notify accredited food laboratories and research institutions for analysing samples, and requires it to set up or recognise at least one referral food laboratory. Section 44 lets the Authority recognise organisations or agencies for food safety audit.
Section 43(1): the Food Authority may notify food laboratories and research institutions accredited by NABL or another accreditation agency for analysis of samples by Food Analysts. Section 43(2): it shall establish or recognise, by notification, one or more referral food laboratories. Section 43(3): it may frame regulations on lab functions and areas, sample submission procedure, report forms and fees. Section 44: it may recognise any organisation or agency for food safety audit and for checking compliance with food safety management systems.
Sections 43 and 44 at a glance
| Provision | Word used | Content |
|---|---|---|
| 43(1) | "may" | Notify accredited food laboratories and research institutions for analysis by Food Analysts |
| 43(2) | "shall" | Establish or recognise, by notification, one or more referral food laboratories |
| 43(3)(a) | "may" (regulations) | Functions of food and referral food laboratories and their local areas |
| 43(3)(b) | "may" (regulations) | Procedure for submitting samples, forms of reports and fees |
| 43(3)(c) | "may" (regulations) | Other matters needed for laboratories to function effectively |
| 44 | "may" | Recognise an organisation or agency for food safety audit and checking food safety management system compliance |
Section 43(1): notified laboratories
The section speaks of "food laboratories and research institutions accredited by National Accreditation Board for Testing and Calibration Laboratories or any other accreditation agency". The Food Authority "may" notify them "for the purposes of carrying out analysis of samples by the Food Analysts under this Act".
Section 3(1)(p) defines "food laboratory" as a laboratory or institute established by the Central or a State Government or any other agency, accredited by the National Accreditation Board for Testing and Calibration Laboratories or an equivalent accreditation agency and recognised by the Food Authority under section 43. So a lab counts as a "food laboratory" under the Act only if it is accredited and recognised. Accreditation alone is not enough, and notification alone does not dispense with accreditation.
This matters to a food business operator in two ways.
- Analysis for the Act's purposes. The Food Analyst, appointed under s.45 by the Commissioner of Food Safety, analyses samples sent by the Food Safety Officer. Section 43 is the source of the laboratories that do the work. See the existing post on Food Analyst: appointment, powers and certificate.
- Your own testing. If you send samples for your own quality control, a report from a lab outside the notified list is not a report under this Act. For practical tips on choosing a lab, see NABL-accredited food testing labs: how to choose. If you need help assembling a testing and record plan, our compliance support team can work on it with you.
Section 43(2): the referral food laboratory
Here the Act uses "shall". The Food Authority must, "by notification", establish or recognise "one or more referral food laboratory or laboratories" to carry out the functions entrusted to the referral food laboratory by the Act, rules or regulations. The Act's section 46(4) and the Rules give that laboratory a role in appeals against a Food Analyst's report; the main Act sections are covered in our existing posts on the Food Analyst's report and appeal. In outline, it is the higher-level laboratory to which a disputed sample can be referred, but the exact steps, time limits and forms are found in s.46 and the FSS Rules, not in s.43, so check them for your case.
Section 43(3): regulations
The Food Authority "may frame regulations specifying":
- (a) the functions of a food laboratory and a referral food laboratory, and the local area or areas within which they may act;
- (b) the procedure for submitting samples to the laboratory for analysis or tests, the forms of the laboratory's reports, and the fees payable for those reports; and
- (c) other matters necessary or expedient to enable the laboratory to function effectively.
The Act sets no fee or format. Those come from the regulations. Section 92 gives the Authority its regulation-making power; see the article on sections 92 and 93.
Section 44: food safety audit agencies
Section 44 reads: "The Food Authority may recognise any organisation or agency for the purposes of food safety audit and checking compliance with food safety management systems required under this Act or the rules or regulations made thereunder."
Three points:
- Recognition is optional ("may"), and it is by the Food Authority.
- The scope is a food safety audit and checking compliance with food safety management systems, where those are required under the Act, rules or regulations. The section does not itself make any audit compulsory for any business.
- It is the basis for third-party audits. An audit by a recognised agency can be part of how a food business shows compliance. What audit is required, and for whom, is not in s.44. See our post on food safety auditing and third-party audit.
Who is affected
| Person | What to take from ss.43 and 44 |
|---|---|
| Manufacturers and packers | Know that an official sample is analysed only in a notified laboratory, and choose accredited labs for your own testing |
| Food business operators in dispute | The referral laboratory is the higher reference point for disputed reports under the Act |
| Laboratories | Accreditation and notification are separate steps; notification is by the Food Authority |
| Audit firms | Recognition by the Food Authority is needed before an audit counts as a s.44 audit |
| Importers | Sample analysis for imports is also done under the Act |
Example 1. A dairy sends samples to a private laboratory that is NABL-accredited but not notified by the Food Authority. The dairy can use the report for its own records, but it is not a report by a food laboratory recognised under s.43 and does not carry that status under the Act.
Example 2. A restaurant chain hires an audit agency that holds no recognition from the Food Authority. The agency's findings are useful internally. Whether they count as an audit under s.44 depends on the agency being recognised.
Need help with testing and audit planning?
If you want to organise lab testing, records and audit readiness so that your reports stand up when an officer asks, TaxClue can help you set it out. See our compliance support page.
Key takeaways
- The Food Authority may notify NABL-accredited or otherwise accredited laboratories and research institutions for Act analysis.
- It must establish or recognise at least one referral food laboratory by notification.
- Regulations may fix lab functions, areas, sample procedure, report forms and fees.
- Section 44 lets the Authority recognise agencies for food safety audit and management system checks.
- A "food laboratory" under the Act is one that is both accredited and recognised under s.43.
Read next
- Food Analyst: appointment, powers and certificate
- NABL-accredited food testing labs: how to choose
- Food safety auditing: third-party audit
- Sections 41 and 42: search, seizure and procedure for launching prosecution
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). Laboratory notifications, fees and audit recognition are made by the Food Authority outside the Act. Verify current notifications, regulations and FSSAI orders before acting.