Sections 7 and 8 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 7 of the Food Safety and Standards Act, 2006 sets the term of the Chairperson and Members of the Food Authority, their pay, their oath, how they can resign and what they cannot do after leaving. Section 8 lists the five grounds on which the Central Government can remove a Chairperson or Member, and the two grounds for which a hearing is compulsory.
The Chairperson and non-ex-officio Members serve a term of three years and can be re-appointed for a further three years (s.7(1)). They may resign by giving the Central Government at least three months' written notice (s.7(4)(a)). The Central Government may remove them on five grounds (insolvency, conviction involving moral turpitude, incapacity, prejudicial interests, abuse of position), but for the last two it must first give a reasonable opportunity of being heard (s.8).
Section 7: term and conditions of service
| Sub-section | What it provides |
|---|---|
| 7(1) | Term of three years from the date of entering office, eligible for re-appointment for a further three years. Applies to the Chairperson and Members other than ex officio Members. |
| 7(2) | Salary, allowances and other terms and conditions are as prescribed by the Central Government. |
| 7(3) | Oath of office and of secrecy, in the form, manner and before the authority prescribed by the Central Government, before entering office. |
| 7(4) | Notwithstanding sub-section (1), the Chairperson or a Member may relinquish office by written notice of not less than three months, or be removed under section 8. |
| 7(5) | After ceasing to hold office, he must not represent any person before the Food Authority or any State Authority in any manner. |
The three-plus-three term
The term runs from the date the person "enter upon" office, not from the date of the appointment order. One re-appointment is allowed, for up to three more years. The ex officio Members (the seven nominees of Central Ministries under section 5(1)(a)) are not covered by s.7(1) because they sit by virtue of their posts. If a question about the Authority's constitution arises in your matter, a legal consultation is the quickest way to get a reading of these provisions.
The age limit and a drafting problem
Section 7(1) has a proviso on age. In the printed Act the proviso reads that the Chairperson shall not hold office as such after he has attained the age of sixty-five years, and then lists two clauses: (a) in the case of the Chairperson, the age of sixty-five years, and (b) in the case of a Member, the age of sixty-two years. The layout of the printed text is untidy, but read together the intention is an age cap of 65 for the Chairperson and 62 for a Member. If an appointment or continuation in office turns on the exact age, check the official gazette version of the Act rather than relying on a summary.
Oath and secrecy
Section 7(3) requires an oath of office and of secrecy. The form, manner and authority are to be prescribed by the Central Government. The Act does not spell out the content, and this article does not guess at it. The secrecy element matters because members see scientific data and draft regulations before they are public.
The cooling-off rule in s.7(5)
A person who has ceased to be Chairperson or Member may not represent any person before the Food Authority or any State Authority "in any manner". There is no time limit in the text, so the bar appears to be permanent. For a food business, this means a former member cannot appear for you in a hearing or an approval application before the Authority. If you are choosing an adviser, a former senior member of the Authority is barred from that type of role.
Section 8: removal of the Chairperson and Members
Notwithstanding s.7(1), the Central Government may by order remove the Chairperson or any other Member if he:
| Clause | Ground | Hearing needed? |
|---|---|---|
| (a) | has been adjudged an insolvent | No |
| (b) | has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude | No |
| (c) | has become physically or mentally incapable of acting as a Member | No |
| (d) | has acquired such financial or other interests as are likely to affect prejudicially his functions as a Member | Yes (s.8(2)) |
| (e) | has so abused his position as to render his continuance in office prejudicial to the public interest | Yes (s.8(2)) |
Section 8(2) says no Member shall be removed under clauses (d) and (e) unless he has been given a reasonable opportunity of being heard. For grounds (a) to (c), the Act does not require a hearing, because they turn on facts such as a court adjudication or conviction. Even then, the Central Government's "opinion" in clause (b) on moral turpitude is a judgment call that can be reviewed in court like any administrative order.
The grounds on the list mirror the checks at the time of selection. Section 6(5) requires the Selection Committee to check for financial or other interests before recommending anyone; s.8(1)(d) applies the same concern during the term. Read our article on the Selection Committee under section 6 for the front end of the process.
Why these sections matter to a food business
You will rarely read sections 7 and 8 for compliance. They matter when the Authority's actions are challenged. A regulation or direction of the Food Authority binds you, and if you contest it, you may test whether the body was properly constituted. Sections 6(6) and 17(7) protect appointments and proceedings from technical defects, while sections 7 and 8 make sure that the people who sign the standards are appointed for fixed terms and can be removed only for stated reasons. That fixed-term and removal-only-for-cause structure supports the Authority's independence from the industry. Our legal consultation page explains how we approach a challenge to a direction or order.
An example: a Member is convicted of an offence involving moral turpitude. Under s.8(1)(b) the Central Government may remove him by order, and the Act does not require a hearing first. Suppose instead it is alleged that a Member acquired a stake in a food company whose products the Authority is about to regulate. Clause (d) applies, and the Member must first be heard.
Need help with FSSAI law?
If you need to understand how the Food Authority's constitution or its orders affect your licence or a pending notice, TaxClue can help you read the Act and plan the next step. Our legal consultation page explains how to get started.
Key takeaways
- Term: three years, renewable once for three more, for the Chairperson and non-ex-officio Members.
- The printed age proviso indicates 65 for the Chairperson and 62 for a Member; check the official text for a specific case.
- Resignation needs at least three months' written notice to the Central Government.
- A former Chairperson or Member may not represent any person before the Food Authority or any State Authority.
- Removal is on five listed grounds; a hearing is compulsory for financial-interest and abuse-of-position cases.
Read next
- Section 6: Selection Committee for the Food Authority
- Sections 9 and 10: officers of the Food Authority and functions of the CEO
- FSSAI: establishment, composition and powers
- Section 17: proceedings of the Food Authority
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). Service conditions are prescribed separately by the Central Government; verify current notifications before acting.