Sections 99 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 99 to 101 are the closing provisions of the Food Safety and Standards Act, 2006. Section 99 deems the Milk and Milk Products Order, 1992 to be regulations made under the Act. Section 100 amends the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 to fit the new food law. Section 101 lets the Central Government remove difficulties in giving effect to the Act by order, within three years of commencement.
Section 99: from commencement of the Act, the Milk and Milk Products Order, 1992 (issued under the Essential Commodities Act, 1955) is deemed to be the Milk and Milk Products Regulations, 1992 issued by the Food Authority, which can amend them with Central approval and previous publication. Section 100: references to the Prevention of Food Adulteration Act, 1954 and to a Food Inspector in the 1992 Infant Milk Substitutes Act are replaced by references to the FSS Act and the Food Safety Officer, and section 21(1)(a) is reworded. Section 101: the Central Government may make an order to remove difficulties, not after three years from commencement; every order is laid before each House of Parliament.
The three sections at a glance
| Section | Subject | Key point |
|---|---|---|
| 99(1) | Milk and Milk Products Order, 1992 | Deemed to be the Milk and Milk Products Regulations, 1992 under the FSS Act |
| 99(2) | Amendment | Food Authority, with Central Government's previous approval and after previous publication |
| 100(a) to (d) | Infant Milk Substitutes Act, 1992 | Substitutes references to the old adulteration law and Food Inspector; reworded s.21(1)(a) |
| 101(1) | Removal of difficulties | Central Government order; none after three years from commencement |
| 101(2) | Laying | Every order laid before each House of Parliament |
Section 99: the Milk Order becomes regulations
The text
"On and from the date of commencement of this Act, the Milk and Milk Products Order, 1992 issued under the Essential commodities Act, 1955 (10 of 1955) shall be deemed to be the Milk and Milk Products Regulations, 1992 issued by the Food Authority under this Act."
Before the FSS Act, the Order regulated milk and milk product businesses under a separate law. Section 99 carried it over so that there was no gap. If a legacy document or licence refers to the Order, a legal consultation can help you read it. From commencement it took the character of regulations of the Food Authority.
Amendment
Section 99(2): "The Food Authority may, with the previous approval of the Central Government and after previous publication, by notification, amend the regulations specified in sub-section (1) to carry out the purposes of this Act." This is the same procedure as in section 92 (see regulations and laying before Parliament).
For what milk and dairy products must meet today, this article does not describe the later regulations and standards; see our existing note on dairy product standards and verify the current notifications on fssai.gov.in. If you run a dairy or sweet business and need help with licensing, see our FSSAI compliance support page.
Section 100: amendments to the Infant Milk Substitutes Act, 1992
The 1992 Act regulates the production, supply and distribution of infant milk substitutes, feeding bottles and infant foods. Section 100 says that "as from the notified day" that Act applies subject to these amendments.
| Clause | Change |
|---|---|
| (a) | Throughout the principal Act, a reference to the Prevention of Food Adulteration Act, 1954 is replaced by a reference to the Food Safety and Standards Act, 2006 |
| (b) | In section 12 of the principal Act, a reference to "any Food Inspector appointed under section 9 of the Prevention of Food Adulteration Act, 1954" is replaced by "any Food Safety Officer appointed under the Food Safety and Standards Act, 2006" |
| (c) | Throughout the principal Act, "Food Inspector" is replaced by "the Food Safety Officer" |
| (d) | In section 21(1) of the principal Act, the reference to clause (a) is replaced by "(a) the Designated Officer or the Food Safety Officer directed under sub-section (5) of section 42 of the Food Safety and Standards Act, 2006; or" |
The effect is to keep the infant food law working after the Prevention of Food Adulteration Act, 1954 was replaced. The officers who enforce it are now the Food Safety Officer and Designated Officer. Section 42 is the provision on procedure for launching prosecution (see search, seizure and procedure for launching prosecution), and sub-section (5) is the one the amended clause refers to. The content of the Infant Milk Substitutes Act itself is outside this article.
Section 101: power to remove difficulties
The text
"(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary, for removing the difficulty: Provided that no order shall be made under this section after of the expiry of the period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament."
Elements
- Trigger: a difficulty in giving effect to the Act.
- Who: the Central Government.
- How: by an order published in the Official Gazette.
- Limit of content: provisions "not inconsistent with the provisions of this Act".
- Time limit: no order after three years from commencement.
- Oversight: every order is laid before both Houses of Parliament.
A removal-of-difficulties clause is a standard transitional device. The three-year limit means it has expired, so it is now historical. Any change to the law today is made by amending legislation, rules or regulations, not by an order under this section.
Example 1. Shortly after commencement, a practical gap appears in how the new regime takes over an old process. The Central Government could, within three years, have issued an order under section 101 to fill it, as long as the order was consistent with the Act.
Example 2. A food business finds an old reference to the "Milk and Milk Products Regulations, 1992". Section 99 explains its origin: the Milk Order deemed to be Food Authority regulations. For current obligations, check the latest notifications, and see a legal consultation if a legacy document is involved.
How the closing sections fit together
Sections 97 and 98 (see repeal and transitory provisions) repealed the older laws and kept the standards running. Section 99 converted one important Order into regulations. Section 100 updated a neighbouring Act that had referred to the old law. Section 101 gave a short-lived safety valve. After these, the Schedules follow: the First Schedule (zones), Second Schedule (repealed laws) and so on.
Need help reading legacy references?
Older documents still mention the Milk Order or the old adulteration law. TaxClue can help you see what replaced them and what applies to your business today. Start with a legal consultation.
Key takeaways
- Section 99 deems the Milk and Milk Products Order, 1992 to be regulations made by the Food Authority under the FSS Act.
- The Food Authority can amend those regulations with Central approval and previous publication.
- Section 100 updates the Infant Milk Substitutes Act, 1992 to refer to the FSS Act, the Food Safety Officer and the Designated Officer.
- Section 101 allowed removal-of-difficulties orders for three years from commencement; it is now spent.
- Every such order had to be laid before Parliament.
Read next
- Sections 94 to 96: State rules, reward and recovery of penalty
- Rules 1.1.1 and 1.2.1 of the FSS Rules, 2011: short title and definitions
- Dairy product standards: milk, curd and ghee
- Overriding effect of the FSS Act: section 89
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.99 to 101 are unchanged). Verify current notifications, regulations and FSSAI orders before acting.