Sections 92 and 93 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 92 of the Food Safety and Standards Act, 2006 empowers the Food Authority to make regulations, with the previous approval of the Central Government and after previous publication, consistent with the Act and the rules. Sub-section (2) lists the matters, from additive limits to licensing. Section 93 requires every rule and every regulation to be laid before each House of Parliament for a total of thirty days.
Section 92: the Food Authority may make regulations consistent with the Act and rules, with the previous approval of the Central Government and after previous publication, by notification. Sub-section (2) lists items (a) to (v) including limits of additives, contaminants and pesticide residues, marking and labelling, the form of guarantee, recall procedure, licensing and registration and fees, procedure for getting food analysed, laboratory functions, Codex participation and a residual item (v). Section 93: every rule and regulation must be laid before each House of Parliament for a total of thirty days; if both Houses agree to a modification or annulment, it has effect only in that form or not at all, without prejudice to what was done before.
Section 92 at a glance
| Group | Items in s.92(2) | Linked section |
|---|---|---|
| Authority machinery | (a) staff service conditions; (b) rules of procedure under s.11(5); (c) functions of Central Advisory Committee; (d) Scientific Committee procedure; (f) meetings of the Authority; (t) financial regulations | ss.9(3), 11, 12, 15, 17, 81 |
| Standards | (e) standards and guidelines; (g) urgent regulations; (h) additives; (i) contaminants; (j) pesticides, veterinary drugs | ss.16, 18, 19, 20, 21 |
| Labelling and guarantee | (k) marking and labelling; (l) form of guarantee | ss.23, 26(4) |
| Recall and enforcement | (m) food recall; (n) functioning of Food Safety Officer | ss.28(4), 29(5) |
| Licensing | (o) registering authority, manner of registration, application for licence, fees, cancellation or forfeiture | s.31 |
| Analysis and laboratories | (p) areas of Designated Officer; (q) getting food analysed, fees; (r) laboratories; (s) officials' procedure | ss.36, 40, 43, 47 |
| Other | (u) Codex meetings; (v) any other matter | General |
Section 92(1): the power and its three conditions
"The Food Authority may, with the previous approval of the Central Government and after previous publication, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act."
Three conditions follow from the text.
- Previous approval of the Central Government. The Food Authority cannot notify on its own.
- Previous publication. The draft is published first so that objections and suggestions can be made.
- Consistency. The regulation must be consistent with the Act and the rules. A regulation that conflicts with the Act is open to challenge.
The Food Authority's regulations include those on licensing and registration, labelling, food standards, recall and others. Some of them are the working rules of a food business every day, and a legal consultation can help you find which ones bind you. Our existing post on FSSAI regulation for food recall is an example of one of those regulations, and the series on the Licensing and Registration Regulations follows later in this set.
Section 92(2): the matters
The list begins "In particular, and without prejudice to the generality of the foregoing power". Items worth noting:
- (h), (i), (j) limits of additives, contaminants, toxic substances and heavy metals, and tolerance limits of pesticide and veterinary drug residues (ss.19 to 21).
- (k), (l) manner of marking and labelling, and form of guarantee under section 26(4). For labelling compliance, see FSSAI label compliance.
- (m) conditions and guidelines relating to food recall under section 28(4).
- (o) notifying the registering authority and manner of registration, the manner of making an application for a licence, the fees payable and "the circumstances under which such licence may be cancelled or forfeited" under section 31.
- (q), (r) getting food analysed and fees, and functions and procedure of food laboratories (ss.40, 43).
- (u) guidelines or directions for participation in Codex meetings and preparation of response to Codex matters.
- (v) any other matter required or permitted to be specified by regulations.
Standards themselves, for example those for particular foods, are in separate regulations notified by the Food Authority. This article does not quote their contents.
Rules and regulations: who makes which
Rules under section 91 are made by the Central Government; regulations under section 92 by the Food Authority with Central approval (see Central Government rule-making). The Licensing and Registration Regulations are a clear example of section 92(2)(o).
Section 93: laying before Parliament
"Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions."
If "before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be". Any modification or annulment is "without prejudice to the validity of anything previously done under that rule or regulation".
Points:
- Both rules and regulations must be laid.
- Thirty days is a total, which can be spread over more than one session.
- Both Houses must agree to change or annul.
- Acts done earlier stay valid even if the rule or regulation is later modified or annulled.
State rules are laid before the State Legislature under section 94(3), not section 93 (see State rules, reward and recovery of penalty).
Example 1. The Food Authority wants to notify a regulation on a labelling matter. It must first publish the draft, obtain the Central Government's previous approval, notify it, and then the regulation is laid before Parliament for thirty days.
Example 2. Both Houses agree to a modification in a regulation. From then on it has effect only in the modified form, and licences or actions taken under the earlier wording remain valid.
Need help with the regulations that apply to you?
Which regulations apply depends on your business. TaxClue can help you identify the regulations that bind your operations, starting with a legal consultation.
Key takeaways
- The Food Authority makes regulations with the Central Government's previous approval and after previous publication.
- Regulations must be consistent with the Act and the rules.
- Section 92(2) lists matters (a) to (v), including standards, labelling, recall, licensing and laboratories.
- Every rule and regulation is laid before each House of Parliament for thirty days.
- Modifications or annulment do not affect what was done earlier.
Read next
- Section 91: power of the Central Government to make rules
- Sections 94 to 96: State rules, reward and recovery of penalty
- Food recall regulation and its classification
- 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.92 and 93 are unchanged). Verify current notifications, regulations and FSSAI orders before acting.