Sections 9 and 10 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 9 of the Food Safety and Standards Act, 2006 creates the post of Chief Executive Officer (CEO) of the Food Authority and lets the Authority fix its own staff strength. Section 10 lists what the CEO does: runs the Authority day to day, prepares its work programmes, carries out its decisions, supports its scientific bodies, handles its budget and reports each year. The CEO is also given the powers of a Commissioner of Food Safety in certain matters.
The CEO is appointed by the Central Government, must be not below the rank of Additional Secretary to the Government of India, and is the Member-Secretary of the Authority (s.9(1)). The CEO is its legal representative and is responsible for day-to-day administration, work programmes, scientific support and the budget (s.10(1)). Every year the CEO submits a general report, work programmes, annual accounts and the next budget for approval (s.10(2)), and approves all financial expenditure (s.10(4)). The CEO also has administrative control over the Authority's staff (s.10(6)).
Section 9: the CEO and the staff
| Sub-section | What it provides |
|---|---|
| 9(1) | A Chief Executive Officer, not below the rank of Additional Secretary to the Government of India, is the Member-Secretary of the Authority and is appointed by the Central Government. |
| 9(2) | The Authority may, with the approval of the Central Government, determine the number, nature and categories of other officers and employees it needs. |
| 9(3) | The salaries, allowances and other conditions of service of the CEO, officers and other employees are as specified by regulations of the Food Authority with the approval of the Central Government. |
If you are dealing with an order or approval that depends on how the Authority is run, our legal consultation page explains how to get a reading of these sections for your case. Two features stand out. First, the CEO is appointed directly by the Central Government, unlike the Chairperson and non-ex-officio Members, who come through the Selection Committee in section 6. Second, staffing is under Central control: the Authority cannot create posts or decide service conditions without the Government's approval. The service conditions are made by regulations under section 92 of the Act, which this cluster covers in the article on sections 92 and 93.
The CEO is the Member-Secretary, so the CEO sits in the Authority's meetings but, as s.17(5) says, without a right to vote. Our article on the proceedings of the Food Authority explains this and the other meeting rules, including that all orders and decisions of the Authority are authenticated by the CEO (s.17(4)).
Section 10: what the CEO is responsible for
Section 10(1) makes the CEO the legal representative of the Food Authority and responsible for:
- the day-to-day administration of the Food Authority;
- drawing up proposals for the Authority's work programmes in consultation with the Central Advisory Committee;
- implementing the work programmes and the decisions the Authority adopts;
- ensuring appropriate scientific, technical and administrative support for the Scientific Committee and the Scientific Panel;
- ensuring that the Authority carries out its tasks in accordance with the requirements of its users, in particular regarding the adequacy of the services provided and the time taken;
- preparing the statement of revenue and expenditure and executing the Authority's budget; and
- developing and maintaining contact with the Central Government and ensuring a regular dialogue with its relevant committees.
Item 5 is one that food businesses should note. The Act itself says the Authority must perform its tasks in line with the requirements of its users, looking at the adequacy of services and the time taken. "Users" includes licence applicants and businesses seeking product approvals. If you have a delay, this is the statutory language behind a complaint about service levels. For help with applications that depend on the Authority, see our food product approval page.
For the advisory and scientific bodies mentioned in items 2 and 4, see our explainers on the Central Advisory Committee and on the Scientific Panels and Scientific Committee.
Yearly duties and financial control (s.10(2) to (4))
Every year the CEO must submit to the Food Authority for approval:
- (a) a general report covering all the activities of the Authority in the previous year;
- (b) programmes of work;
- (c) the annual accounts for the previous year; and
- (d) the budget for the coming year.
After the Authority adopts these, the CEO forwards the general report and the programmes to the Central Government and the State Governments and has them published (s.10(3)). The CEO approves all financial expenditure of the Authority and reports on its activities to the Central Government (s.10(4)). Sections 81 to 84 (budget, finances, accounts and audit, annual report) deal with the money side; see our post on FSSAI funding, accounts and audit.
Because the report and work programmes must be published, they are a public source for what the Authority plans to do. A compliance team can use them to see upcoming priorities.
The CEO as a Commissioner of Food Safety (s.10(5))
Section 10(5) says the CEO shall exercise the powers of the Commissioner of Food Safety "while dealing with matters relating to food safety of such articles". The sub-section does not say in its own text which "such articles" are meant. Because the Act does not tell us which articles are meant, this article does not guess. What the sub-section shows is that, for the matters it covers, the CEO acts at the State Commissioner's level, so the powers in section 30 are available to the CEO.
Administrative control (s.10(6))
The CEO has administrative control over the officers and other employees of the Food Authority. Combined with s.9(2) and (3), the structure is: the Authority decides the staffing needs with the Central Government's approval, the regulations set the service conditions, and the CEO manages the people day to day.
Practical points for a food business
- Who signs. Decisions of the Authority are authenticated by the CEO, so a document that claims to be an Authority decision but is not authenticated by the CEO needs checking. Our legal consultation team can help verify an order you have received.
- Where complaints go. A complaint about delays in services provided by the Authority falls under the CEO's duty in s.10(1)(e).
- Public reports. The general report, programmes of work and accounts are published under s.10(3).
Need help with FSSAI law?
If you have an order, approval or licence issue that depends on how the Authority works, TaxClue can help you read the relevant section and decide what to file. Our legal consultation page explains how to ask.
Key takeaways
- The CEO is appointed by the Central Government, must be not below Additional Secretary rank, and is the Member-Secretary of the Authority.
- The CEO is the Authority's legal representative and runs its day-to-day administration.
- The CEO submits an annual report, work programmes, accounts and budget to the Authority and then publishes them after adoption.
- The CEO approves all financial expenditure and has administrative control over staff.
- Under s.10(5) the CEO exercises the Commissioner of Food Safety's powers in the matters the sub-section covers.
Read next
- Section 17: proceedings of the Food Authority
- Sections 7 and 8: term of office and removal of Food Authority members
- Central Advisory Committee under the FSS Act
- FSSAI funding, accounts and audit
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.