Sections 90 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.
Sections 90, 97 and 98 of the Food Safety and Standards Act, 2006 managed the changeover from the older food laws to the new Act. Section 90 moved employees of the Central Government agencies administering food laws to the Food Authority. Section 97 repealed the enactments and Orders in the Second Schedule, with savings, and dealt with licences and old prosecutions. Section 98 kept the old standards alive until new ones were specified.
Section 90: employees of the Central Government agencies administering food laws hold office in the Food Authority on the same tenure and terms, or may opt out within six months. Section 97: the enactment and Orders in the Second Schedule stand repealed from a date the Central Government appoints, with savings for past operations, accrued rights, penalties and proceedings; corresponding State laws stand repealed; licences issued under repealed laws continue till expiry; and no court takes cognizance of an offence under the repealed Act or Orders after three years from commencement. Section 98: old standards and safety requirements continue until new standards are specified under this Act.
The three sections at a glance
| Section | Subject | Key point |
|---|---|---|
| 90 | Transfer of employees | Same tenure and terms; six months to opt out |
| 97(1) | Repeal of Second Schedule enactment and Orders | From a date appointed by the Central Government; savings in provisos (i) to (iv) |
| 97(2) | State laws corresponding to the Act | Stand repealed; section 6 of the General Clauses Act, 1897 applies |
| 97(3) | Existing licences | Continue in force until expiry as if issued under this Act |
| 97(4) | Offences under the repealed laws | No cognizance after three years from commencement of this Act |
| 98 | Food standards | Continue until new standards are specified; past actions deemed under corresponding provisions |
Section 90: transfer of employees
"On and from the date of establishment of the Food Authority, every employee holding office under the Central Government Agencies administering food laws immediately before that date shall hold his office in the Food Authority by the same tenure and upon the same terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the Food Authority had not been established and shall continue to do so as an employee of the Food Authority or until the expiry of the period of six months from that date if such employee opts not to be the employee of the Food Authority."
The section protects employees: their tenure, pay, leave, provident fund and retirement benefits are preserved. An employee who does not wish to move has six months from the establishment of the Food Authority to opt out. This is a one-time transitional provision and has no ongoing effect for a food business. For how the Authority is constituted and staffed, see the establishment and composition of FSSAI and our articles on officers of the Food Authority.
Section 97: repeal and savings
97(1): repeal with savings
"With effect from such date as the Central Government may appoint in this behalf, the enactment and Orders specified in the Second Schedule shall stand repealed." The Second Schedule lists the older food laws and Orders that the Act replaced. If an old licence or notice is part of a dispute, a legal consultation can help you read it against these savings.
The proviso saves, in four items:
- the previous operations of the repealed enactment and Orders, or anything duly done or suffered under them;
- any right, privilege, obligation or liability acquired, accrued or incurred under them;
- any penalty, forfeiture or punishment incurred for offences committed against them; and
- any investigation or remedy in respect of such penalty, forfeiture or punishment, which "may be instituted, continued or enforced" and the penalty "may be imposed, as if this Act had not been passed".
The printed text numbers the third item as "(ii)" a second time; this article refers to it as the third item.
97(2): State laws
If there is any other law in force in a State "corresponding to this Act, the same shall upon the commencement of this Act, stand repealed", and section 6 of the General Clauses Act, 1897 applies as if the State law had been repealed. A State's own food law therefore gave way to the Act.
97(3): licences continue
"Notwithstanding the repeal ... the licences issued under any such enactment or Order, which are in force on the date of commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued under the provisions of this Act or the rules or regulations made thereunder." A licence under an old law did not need immediate replacement; it ran to its expiry. That window has long passed, and a business today operates under the licensing and registration regime of section 31 (see licensing and registration of food business).
97(4): three-year bar for old offences
"Notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed Act or Orders after the expiry of a period of three years from the date of the commencement of this Act." This is the old-law counterpart of the time limit in section 77 (see appeal and time limit for prosecutions).
Section 98: transitory provisions for food standards
"Notwithstanding the repeal of the enactment and Orders specified in the Second Schedule, the standards, safety requirements and other provisions of the Act and the rules and regulations made thereunder and Orders listed in that Schedule shall continue to be in force and operate till new standards are specified under this Act or rules and regulations made thereunder."
The proviso adds: "anything done or any action taken under the enactment and Orders under repeal shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act."
The effect is continuity. There was no gap in which food standards vanished; the old standards applied until the Food Authority notified new ones under section 16. The food standards themselves are in separate regulations notified by the Food Authority, which this article does not describe.
Example 1. A manufacturer held a licence issued under a repealed Order, valid for a further year when the Act commenced. Section 97(3) kept it valid until expiry, as if issued under this Act.
Example 2. An offence under a repealed law was committed before the Act. Section 97(1) proviso kept the penalty and proceedings alive, but section 97(4) barred a court from taking cognizance after three years from the commencement of this Act.
Need help with legacy records or an old notice?
Most food businesses today deal with the current licensing regime, but older records and notices still turn up in disputes and due diligence. TaxClue can help you read them against the Act. Start with a legal consultation.
Key takeaways
- Section 90 moved Central food-law agency employees to the Food Authority on the same terms, with a six-month opt-out.
- Section 97 repeals the Second Schedule enactment and Orders, with savings for past acts, rights and penalties.
- Corresponding State laws stand repealed under section 97(2).
- Licences under repealed laws continued until expiry, and cognizance of old offences was barred after three years from commencement.
- Section 98 kept the old standards in force until new standards were specified.
Read next
- Sections 87 and 88: public servants and action in good faith
- Section 91: power of the Central Government to make rules
- Overriding effect of the FSS Act: section 89
- FSS Rules 2011: complete overview
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; ss.90, 97 and 98 are unchanged). Verify current notifications, regulations and FSSAI orders before acting.