Food Safety Bulletin 2026 - Issue 2 | February 2026 – July 2026

February 2026

Hon'ble Supreme Court to FSSAI: Consider Warning Labels for Packaged Food with Excessive Sugar, Unhealthy Fats

The Hon'ble Supreme Court, in 35 And Our Health Society v. Union of India vide order dated 10 February 2026, directed the Food Safety and Standards Authority of India (FSSAI) to seriously consider the introduction of mandatory front-of-pack warning labels (FOPL) on packaged food products and to place its response on record within four weeks. The Hon'ble Court observed that such labelling advances the citizens' right to health protected under Article 21 of the Constitution. The order was passed in a Public Interest Litigation (PIL) filed by 35 and Our Health Society, a non-profit organisation, seeking directions to mandate FOPL for food products that contain high levels of sugar, salt and unhealthy fats.

In April 2025, the bench disposed of another petition which sought similar relief; however, the Hon'ble Court constituted an expert committee under the FSSAI to suggest amendments to the Food Safety and Standards (Labelling and Display) Regulations, 2020. Perusing the compliance affidavit, the bench was not satisfied with the progress made. The Centre also defended the Indian Nutrition Rating (INR) model, but the petitioner contended that the INR model is not universally accepted and does not disclose excessive sugar levels or unhealthy fats on the packaging.

FSSAI Introduces Draft Food Safety and Standards (Packaging) Amendment Regulations 2026

FSSAI, vide notification dated 26 February 2026, notified the draft Food Safety and Standards (Packaging) Amendment Regulations, 2026, proposing to amend the Food Safety and Standards (Packaging) Regulations, 2018. The draft introduced the statutory definition of Food Contact Material (FCM), which clarified that all materials which come into contact with food, including packaging, tableware and kitchenware, will have to adhere to the government-prescribed safety regulations.

Additionally, the draft introduced Modified Atmosphere Packaging (MAP), which delineates standard conditions for the atmosphere inside the package, which can be altered to create optimal conditions to increase the shelf life of the food while maintaining its quality.

March 2026

Implementation of 'Food Recall' Functionality under Food Safety Compliance System (FOSCOS)

FSSAI, vide order dated 18 March 2026, has implemented the 'Food Recall' functionality in the Food Safety Compliance System (FoSCoS) to streamline food recall and its monitoring, effective from the date of issuance of the order. The Food Safety and Standards (Food Recall Procedure) Regulations, 2017, empower FSSAI to establish a web-based facility titled 'Food Recall portal' on its website with a unique identification number assigned to each recall for monitoring and to provide information to the consumers. Under the implemented functionality, the user manual is appended as Annexure-1 to the Order, which covers the following aspects:

For Designated Officers (DOS)/Central Licensing Authorities (CLAs), all new food recalls initiated by the enforcement authorities shall be created in the FoSCoS system by using their respective login. The enforcement authorities shall also view the existing food recall created in the FoSCoS and record subsequent actions, as appropriate. Furthermore, all Food Business Operators (FBOs) shall create the food recall initiated by them and record subsequent actions by using their FoSCoS login. All food recalls created by the enforcement authorities shall also be visible to the concerned FBOs under the section 'view food recall' for taking necessary actions, as appropriate. The information on food recall shall be accessed by the stakeholders/consumers on the FoSCoS homepage under the name 'Food Recall'

Compliance Obligations of E-commerce FBOs in the Context of the Open Network for Digital Commerce Model

FSSAI, vide order dated 18 March 2026, laid down compliance obligations for FBOs operating under the Open Network for Digital Commerce (ONDC) model. The Authority, in order to ensure accountability and food safety, explicitly assigned the obligations to the seller apps and the buyer apps which are involved in the ONDC model. The FoSCoS Portal has been modified to record the buyer and seller app details. The updated compliance requirements took effect from 01 April 2026.

Furthermore, the notification places different obligations on the buyer and the seller apps. The former is accountable for providing quality and reliable information, and the latter is responsible for displaying such information. The seller apps must have an FSSAI licence/registration, and they must also ensure that misleading claims and food which is not compliant with the statutory standards are removed.

FSSAI Notifies the Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations 2026

FSSAI, vide gazette notification dated 10 March 2026, notified the Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2026. Thereafter, vide an order dated 27 March 2026, FSSAI operationalised the amendments and issued clarificatory FAQs. The amendments provide for the perpetual validity of FSSAI licences and registrations, which puts an end to periodic renewals unless the licence is suspended, cancelled or surrendered. The amendment eliminates the need for dual registration, as street vendors who are registered under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 are deemed to be registered under the Food Safety and Standards Act, 2006 (FSS Act).

This amendment also introduces a risk-based inspection structure, under which the frequency of inspections is determined by reference to an FBO's third-party audits, self-compliance testing and surveillance data. It places further emphasis on the manufacturers who deal with high-risk food categories like dairy, meat, fisheries and infant food and provides for strict hygiene and safety compliance requirements. Additionally, the amendment clarifies that changes between license categories will take place through the FoSCoS portal without any additional fee or change in license number.

Implementation of Revised Turnover Threshold for Food Businesses under Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011

In furtherance of the Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations, 2026, FSSAI, vide order dated 13 March 2026, has implemented the updated turnover thresholds to classify FBOs under the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011. Based on the recommendation of NITI Aayog's High-Level Committee on Non-Financial Regulatory Reforms, the revised framework lays down that food businesses with an annual turnover of up to INR 1.5 Crores shall require Registration, those with a turnover of above INR 1.5 Crores and up to INR 50 Crores shall require a State Licence, and businesses with a turnover of above INR 50 Crores shall require a Central Licence.

The order also makes it clear that the revised thresholds will take effect from 01 April 2026. This amendment forms part of broader licensing reforms that aim to simplify the regulatory compliance for food operations.

FSSAI Introduced the Food Safety and Standards (Labelling and Display) First Amendment Regulations 2026

FSSAI, vide notification dated 24 March 2026 notified the Food Safety and Standards (Labelling and Display) First Amendment Regulations, 2026. It will come into force on 01 July 2027. The amendment significantly revises Regulation 10 of the Food Safety and Standards (Labelling and Display) Regulations, 2020, which deals with the labelling requirements for non-retail containers, by explicitly stating the essential particulars to be declared on the container.

Moreover, the amendment also states that a non-retail container containing multiple food products must carry the information of each product inside the container as per the heads specified in the amendment regulations. The amendment has also revised the warning statement for artificial sweeteners and introduced relaxations for small packages, among other changes.

FSSAI Introduced Advisory Regarding Mandatory Registration/Licence by Milk Producers (other than Members of Dairy Cooperative Societies) / Milk Vendors

FSSAI, vide advisory dated 11 March 2026 mandated all milk producers to obtain the pertinent FSSAI registration/licence before initiating or continuing their food business. However, the advisory lays down an exception for members of dairy cooperative societies who supply milk exclusively to their cooperative societies. The advisory was issued by the authorities in response to the reports of suspected milk adulteration in various states. The Authority, through this advisory, attempts to improve and regulate the quality of the milk supply chain.

The Authority has instructed the Central and State enforcement agencies to verify the current FSSAI registration certificate or licence, as appropriate. The agencies must also ensure that businesses adhere to storage temperatures, milk chillers, and other maintenance standards. The Authority, to expedite the process, has also advised that special registration drives be held. The advisory is issued in pursuance of the FSSAI directive dated 16 December 2025, which requires regular enforcement drives for milk and milk products and the filing of action taken reports twice every month.

Hon'ble Bombay High Court: Customs Authorities Cannot Arbitrarily Hold Imported Goods or Demand Re-Testing After FSSAI Has Issued a No Objection Certificate (NOC)

The Petitioner filed a petition, NBG International Private Limited v Union of India and Ors, Civil Writ Petition No 3161 of 2026, inter alia challenging the seizure of roasted areca nuts by the Customs authorities on the grounds that it was without any authority of law and was in breach of the provisions of the FSS Act.

The Petitioner had imported roasted areca nuts under two bills of entry, which the food safety authorities found to be compliant with the FSS Act and issued no-objection certificates. Based on these no-objection certificates, the customs authorities issued an out of charge order for one consignment, but not the other. Thereafter both consignments were put on hold and came to be seized. While a provisional release was granted, this was subject to an undertaking that the products would not be used for human consumption. These orders were challenged before the Hon'ble High Court.

The Hon'ble Bombay High Court, by an order dated 12 March 2026, held that once the FSSAI has cleared the imported goods as fit for human consumption, then to question the wisdom of FSSAI, would not be an appropriate approach on behalf of the Customs authorities, as the FSSAI, being a statutory body, is recognised to certify the imports.

FSSAI Introduced the Food Safety and Standards (Labelling and Display) First Amendment Regulations 2026

FSSAI, vide notification dated 24 March 2026 notified the Food Safety and Standards (Labelling and Display) First Amendment Regulations, 2026. It will come into force on 01 July 2027. The amendment significantly revises Regulation 10 of the Food Safety and Standards (Labelling and Display) Regulations, 2020, which deals with the labelling requirements for non-retail containers, by explicitly stating the essential particulars to be declared on the container. Moreover, the amendment also states that a non-retail container containing multiple foods products must carry the information of each product inside the container as per the heads specified in the amendment regulations. The amendment has also revised the warning statement for artificial sweeteners and introduced relaxations for small packages, among other changes.

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