Your Rights During an FSSAI Inspection: A Guide for Food Business Operators

FSSAI Inspections: What Food Business Operators Need to Know

FSSAI food safety officers conduct regular inspections of food businesses to verify compliance with the Food Safety and Standards Act, 2006 and regulations thereunder. Many FBOs are unprepared for inspections because they don't know what inspectors can and cannot do, or what rights they have. This guide sets the record straight.

Who Has the Authority to Inspect Your Food Business?

FSSAI has designated different types of officers for different purposes:

• Food Safety Officers (FSOs): Designated by the State Food Safety Commissioner. Can inspect, collect samples, and issue improvement notices for businesses with State Licenses and Basic Registrations
• Designated Officers (DOs): State-level officers who oversee FSOs and handle improvement notices, prohibitions
• Central Licensing Authority Officers: For businesses holding Central FSSAI Licenses
• Authorised Officers under the Courts: For criminal proceedings under the FSS Act

What FSSAI Inspectors Can Do

Under Section 38 of the FSS Act, an authorised officer can:

• Enter any premises where food is manufactured, stored, sold, or imported
• Inspect all relevant documents, records, registers, and electronic data
• Take samples of food, ingredients, equipment, and surfaces for testing
• Seize food, articles, records if there is reason to believe they are unsafe or sub-standard
• Examine any person connected to the food business
• Require information about sources of food materials
• Photograph or video record the premises

What FSSAI Inspectors CANNOT Do

• Enter your premises between sunset and sunrise without written authorisation from the designated officer (except in emergencies)
• Take samples without following the prescribed sampling procedure (Form XI)
• Destroy or consume samples taken — samples must be sent to FSSAI-approved labs
• Seize goods without issuing a seizure memo
• Take any action that is outside their designated authority
• Demand cash payment or "gifts" — any such demand is corruption; report it

The FSSAI Sampling Procedure — Your Rights

Sampling is one of the most common inspection activities. The correct FSSAI sampling procedure (under Rule 3.1 of FSS Rules, 2011):

1. The food safety officer takes a sample in the presence of the FBO or their representative
2. The sample is divided into 4 parts:
   • Part 1: Sent to the NABL-accredited FSSAI-approved laboratory for testing
   • Part 2: Sent to the FSSAI Referral Lab (in case of dispute)
   • Part 3: Retained by the Designated Officer
   • Part 4: Given to the FBO — this is your right
3. The officer prepares Form XI (Sample Collection Form) which the FBO signs
4. You receive a signed copy of Form XI — this is critical documentation
5. Laboratory results are typically available in 14–30 days

Important: If the officer does not follow this procedure (e.g., does not give you Part 4 of the sample), document this in your copy of Form XI. This procedural lapse can be grounds to challenge test results.

What to Do During an FSSAI Inspection

• Stay calm and cooperative: Non-cooperation can lead to additional scrutiny
• Ask for the officer's identity card: Verify they are a legitimate FSO — this is your right
• Keep your FSSAI license displayed and accessible: Present it immediately
• Make your records available: Food safety management records, supplier invoices, temperature logs
• Be present during sampling: Watch the sampling procedure and ensure Form XI is prepared correctly
• Get copies of everything: Request copies of all documents the officer prepares — improvement notices, seizure memos, Form XI
• Do not sign blank or incomplete forms: Read everything before signing
• Document any procedural irregularities: Note any deviations from the prescribed procedure

What Happens After a Failed Sample Test?

If your sample fails the FSSAI lab test:

1. The Designated Officer issues an improvement notice or adjudication order
2. You can request re-testing of the same sample at a Referral Lab within 10 days of receiving the test report
3. If the Referral Lab result also fails, adjudication proceedings begin
4. You have the right to present your defence before the Adjudicating Officer
5. Adjudication orders can be appealed to the Food Safety Appellate Tribunal (FSAT)
6. FSAT orders can be challenged in the High Court

Common Reasons for Improvement Notices

• Hygiene deficiencies (dirty premises, pest infestation)
• Missing or incomplete food safety records
• Products found below FSSAI standards (low fat content, wrong labelling)
• Absence of FOSTAC-certified food safety supervisor
• FSSAI license not displayed or expired
• Products not covered in license being manufactured

Conclusion

FSSAI inspections are a normal part of operating a food business in India. Being prepared — with proper records, displayed license, and knowledge of your rights — makes the difference between a smooth inspection and a stressful one. If you receive an improvement notice or face adjudication proceedings, contact Velco Legal India for assistance with your response and compliance documentation.