Section 91 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 91 of the Food Safety and Standards Act, 2006 empowers the Central Government to make rules, by notification in the Official Gazette, for carrying out the Act. Sub-section (2) lists the matters on which rules may be made, from the salary of the Chairperson and Members of the Food Authority to the procedure of adjudication and the Tribunal. The Food Safety and Standards Rules, 2011 are the rules made under this power.
The Central Government may, by notification in the Official Gazette, make rules "for carrying out the provisions of this Act". Sub-section (2) lists fourteen items (a) to (n), including FSO qualifications, seizure documents, food analyst qualifications, sending samples for analysis, adjudication procedure, Tribunal qualifications and procedure, the High Court appeal fee, budget and accounts forms and the annual report, plus a residual item (n) for any other matter to be prescribed. The list is "without prejudice to the generality" of sub-section (1).
The matters at a glance
| Item | Matter (paraphrased) | Linked section |
|---|---|---|
| (a) | Salary, terms and conditions of Chairperson and non ex officio Members; oath of office and secrecy | s.7(3) |
| (b) | Qualifications of Food Safety Officer | s.37(1) |
| (c) | Manner of taking extract of seized documents | s.38 |
| (d) | Determination of cases for referring to courts; time-frame | s.42(4) |
| (e) | Qualifications of Food Analysts | s.45 |
| (f) | Manner of sending sample for analysis and procedure | s.47(1) |
| (g) | Procedure in adjudication | s.68(1) |
| (h) | Qualifications, term, resignation and removal of Presiding Officer; procedure of appeal and powers of Tribunal | s.70(4), (5) |
| (i) | Other matters of Tribunal procedure and powers | s.71(2)(g) |
| (j) | Fee for appeal to High Court | s.76(1) |
| (k) | Form and time of preparing budget | s.81(1) |
| (l) | Form and statement of accounts | s.83(1) |
| (m) | Form and time for annual report | s.84(1) |
| (n) | Any other matter required or permitted to be prescribed | General |
Section 91(1): the general power
"The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act."
Rules are subordinate legislation. They fill in detail that the Act leaves to be prescribed and must stay consistent with the Act. They are laid before Parliament under section 93 (see regulations and laying before Parliament). If you run a food business or advise one, the rules matter most in inspection, sampling, adjudication and appeal; TaxClue's legal consultation team can help you trace which rule applies to a notice.
Section 91(2): what the rules can cover
"In particular, and without prejudice to the generality of the foregoing power", the rules may provide for the matters in clauses (a) to (n). The list works as a map of the Rules, 2011.
Enforcement officers and analysts: (b), (c), (d), (e), (f)
- (b) FSO qualifications under section 37(1).
- (c) Extracts of seized documents, the manner of taking them under section 38.
- (d) Referring cases to courts, the determination of cases and the time-frame under section 42(4).
- (e) Food Analyst qualifications under section 45.
- (f) Sending samples for analysis, the manner and procedure under section 47(1).
These correspond to the rules on designated officers, seizure and analysis in Chapter 2 of the FSS Rules, 2011 (see our existing overview of the FSS Rules 2011). A business facing sampling should understand that the procedure is set by the rules and any non-compliance may matter in the case.
Adjudication and appeal: (g), (h), (i), (j)
- (g) Adjudication procedure under section 68(1): Chapter 3 of the Rules contains the procedure for inquiry and the order of the Adjudicating Officer (see adjudication of food safety cases).
- (h) Presiding Officer and appeal: qualifications, terms of office, resignation and removal of the Presiding Officer under section 70(4), and the procedure of appeal and powers of the Tribunal under section 70(5).
- (i) Other Tribunal matters under section 71(2)(g).
- (j) High Court appeal fee under section 76(1).
Items (h) and (i) are why the Tribunal's working rules sit in the Central rules and not in the Act (see appeal to the Food Safety Appellate Tribunal).
The Authority's own machinery: (a), (k), (l), (m)
- (a) salary, terms and conditions of the Chairperson and Members other than ex officio Members, and the manner of taking the oath of office and secrecy under section 7(3).
- (k), (l), (m): the form and time of preparing the budget (section 81(1)), the form of the statement of accounts (section 83(1)) and the annual report (section 84(1)).
The residual item: (n)
"Any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules by the Central Government." The list is therefore not closed.
How sections 91, 92 and 94 divide the work
| Who | Instrument | Section |
|---|---|---|
| Central Government | Rules | 91 |
| Food Authority, with Central Government's previous approval and after previous publication | Regulations | 92 |
| State Government, after previous publication and with Food Authority's approval | State rules | 94 |
Broadly, procedure and personnel items sit in the Central rules, technical standards and licensing conditions in the regulations, and State-level functions in State rules (see State rules, reward and recovery of penalty).
Practical points
- Read the rule with the section. The Act says that a matter is "to be prescribed"; the Rules say how.
- Check the version. The Rules are amended from time to time. This series refers to the Rules compendium of 1 April 2025.
- A rule cannot go beyond the Act. If a rule seems inconsistent with the Act, that is a legal question for an advocate.
Example 1. A sample is sent for analysis. Item (f) is the power under which the Rules set out the manner of sending it and the procedure. A business that receives a report should check whether those steps were followed.
Example 2. A business wants to appeal to the High Court against a Special Court order. Item (j) is the source of the prescribed fee (see appeal and time limit).
Need help tracing a rule to a notice?
If you have an inspection, analysis or adjudication notice and want to know which rule governs each step, TaxClue can help you map it. Start with a legal consultation.
Key takeaways
- Section 91(1) empowers the Central Government to make rules by notification in the Official Gazette.
- Section 91(2) lists matters (a) to (n), with (n) as a residual item.
- The matters include officer and analyst qualifications, seizure and sampling procedure, adjudication and Tribunal procedure, and the High Court appeal fee.
- The FSS Rules, 2011 are made under this power.
- Rules are laid before Parliament under section 93.
Read next
- Sections 90, 97 and 98: transfer of employees, repeal and transitory provisions
- Sections 92 and 93: power to make regulations and laying before Parliament
- FSS Rules 2011: complete overview
- FSSAI appellate tribunal rules
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; s.91 is unchanged) and the FSS Rules, 2011 (compendium of 1 April 2025). Verify current notifications, regulations and FSSAI orders before acting.