Section 6 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 6 of the Food Safety and Standards Act, 2006 sets up a Selection Committee to choose the Chairperson and the non-ex-officio Members of the Food Authority, which is the body that runs the Food Safety and Standards Authority of India (FSSAI). It fixes who sits on the committee, when the Government must refer a vacancy to it, how fast it must act, and what it must check before naming anyone.
The Central Government constitutes a Selection Committee chaired by the Cabinet Secretary (s.6(1)). A vacancy must be referred to it within two months of it arising, or three months before a term ends (s.6(2)). The committee must finish selection within two months of the reference (s.6(3)) and recommend a panel of two names per vacancy (s.6(4)). It must first be satisfied that the person has no financial or other interest that could prejudice the work (s.6(5)).
Why section 6 exists: the link to section 5
Section 5 says the Food Authority consists of a Chairperson and twenty-two members, one-third of whom shall be women. Seven are ex officio members from Central Ministries or Departments (Agriculture, Commerce, Consumer Affairs, Food Processing, Health, Legislative Affairs and Small Scale Industries), not below the rank of Joint Secretary. The rest include representatives of food industry, consumer organisations, eminent food technologists or scientists, State and Union territory representatives by rotation, farmers' organisations and retailers' organisations. Section 5(4) then says the Chairperson and the Members other than ex officio Members are appointed by the Central Government on the recommendations of the Selection Committee. Section 6 is the machinery for that recommendation. For the composition itself, see our post on the establishment, composition and powers of FSSAI.
The ex officio members sit because of their office and do not go through the committee. If you want a lawyer's reading of how these provisions affect a dispute with the Authority, our legal consultation page explains how to start.
Who sits on the Selection Committee (s.6(1))
| Clause | Member | Role |
|---|---|---|
| (a) | Cabinet Secretary | Chairperson |
| (b) | Secretary-in-charge of the Ministry or Department responsible for administering the Act | Member and convener |
| (c) | Secretaries-in-charge of the Ministries or Departments dealing with Health, Legislative and Personnel | Members |
| (d) | Chairman of the Public Enterprises Selection Board | Member |
| (e) | An eminent food technologist nominated by the Central Government | Member |
The Explanation to s.6(1) narrows clause (e): the Central Government must nominate the food technologist from among persons holding the post of Director or the Head, by whatever name called, of any national research or technical institution. So the expert member is not an open choice; the Act limits the pool to institutional heads.
The timetable (s.6(2) to (4))
The section sets a timetable that the Government and the committee are expected to keep.
- Reference to the committee (s.6(2)). The Central Government must make a reference to the Selection Committee within two months from the date of any vacancy caused by death, resignation or removal of the Chairperson or a Member, and three months before the superannuation or completion of the term of office of the Chairperson or any Member.
- Selection (s.6(3)). The committee must finalise the selection within two months from the date the reference is made to it.
- Two names per vacancy (s.6(4)). The committee recommends a panel of two names for every vacancy referred to it. Section 5(4) says appointments are made on the committee's recommendations, so the Central Government's choice rests on the panel the committee sends.
The "three months before" rule is aimed at planned vacancies. Terms and age limits are set out in section 7, so the Government can work out well in advance when a reference is due.
The conflict-of-interest check (s.6(5))
Before recommending any person for appointment as Chairperson or other Member, the committee must satisfy itself that the person does not have any financial or other interest which is likely to affect prejudicially his functions as a Member.
This pre-appointment check is paired with two later safeguards in the Act:
- Section 8(1)(d) allows the Central Government to remove a member who has acquired financial or other interests likely to affect his functions prejudicially, after a hearing.
- Section 5(5) says the Chairperson or Members other than ex officio Members shall not hold any other office.
Together they try to keep food regulation independent of the industry it regulates, which is an important point because the Authority sets standards that every food business must meet.
Validity of appointments despite vacancies (s.6(6))
No appointment of the Chairperson or other Member is invalid merely by reason of any vacancy in the Selection Committee. The same idea appears in s.17(7) for the Food Authority's own proceedings, discussed in our article on the proceedings of the Food Authority. The practical result is that a gap in the committee cannot be used later to attack a Member's appointment or the Authority's decisions.
What section 6 means for food businesses
Food business operators do not deal with the Selection Committee. But the section matters to you in three ways.
- Stability of standards. The Authority is the body that makes regulations under section 92 and notifies standards that bind you. Sections 6(6) and 17(7) protect its appointments and proceedings from being attacked merely because of a vacancy.
- Independence. The committee's check on financial or other interests supports public trust in the Authority's scientific decisions.
- Reading the Act as a whole. The Chairperson and Members come through this Central process. Our post on section 16 shows what the Authority then does.
Need help with FSSAI law?
If an FSSAI order or regulation affects your business and you want to know where the power comes from and what your options are, TaxClue can help you read the Act and plan a response. Start with our legal consultation page to set out your question.
Key takeaways
- The Selection Committee picks the Chairperson and the non-ex-officio Members of the Food Authority.
- It is chaired by the Cabinet Secretary and includes an eminent food technologist who must be a director or head of a national research or technical institution.
- Vacancies go to the committee within two months of arising or three months before a term ends, and selection must finish within two months.
- The committee recommends two names per vacancy after a conflict-of-interest check.
- A vacancy in the committee does not invalidate an appointment.
Read next
- FSSAI: establishment, composition and powers
- Sections 7 and 8: term of office and removal of Food Authority members
- Section 17: proceedings of the Food Authority
- Duties and functions of FSSAI: section 16
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.