Understanding India’s Food Recall Procedure

Food Safety and Standards (Food Recall Procedures) Regulations, 2017:

Overview:

The Food Safety and Standards Authority of India (FSSAI) introduced the Food Recall Procedure Regulations in 2017 to strengthen consumer safety and accountability in the food supply chain. These regulations mandate swift and transparent action from Food Business Operators (FBOs) when food products are found to be unsafe. From maintaining records to notifying authorities and informing the public, the regulations lay down comprehensive procedures for effective recalls. This guide explains the key provisions, responsibilities, and penalties under the law, aiming to help businesses remain compliant while reinforcing trust and safety in India’s food ecosystem.

The primary goal of these regulations is to protect consumers from health hazards by ensuring swift and coordinated action when food safety issues arise. This article offers a comprehensive guide to understanding the scope, objectives, and key procedures of the Food Recall Procedure Regulations, 2017, and highlights the obligations and penalties for non-compliance

Why Food Recalls Matter ?

The concept of food recall involves the removal of potentially hazardous food products from the market to prevent consumption. Food recalls may be voluntary or mandated by regulatory authorities, depending on the nature and severity of the risk involved.

The FSSAI’s Food Recall Procedure Regulations, 2017, were framed to formalize this process across India. They empower both food business operators (FBOs) and regulators to take swift, effective action to prevent the distribution of unsafe food products, thus minimizing harm to consumers and maintaining the credibility of India’s food industry.

Objectives of the Regulations

According to Regulation 3 of the FSS (Food Recall Procedure) Regulations, 2017, the objectives are threefold:

  1. Ensure Effective Removal of Unsafe Food: To systematically withdraw food products that pose a safety risk from all levels of the food supply chain—manufacturing, distribution, sale, and even post-sale.
  2. Timely Communication to Stakeholders: To inform consumers, retailers, and other stakeholders about the recall through clear and timely communication.
  3. Facilitate Safe Handling of Recalled Products: To ensure that the affected food products are either destroyed, reprocessed, or otherwise dealt with as per regulatory guidance.

Step-by-Step Procedures for Food Recall

1. Initiation of Recall

Food Business Operators are required to initiate a recall:

  • Voluntarily, based on internal audits or stakeholder complaints; or
  • Mandatorily, when directed by FSSAI or the State Commissioner of Food Safety.

As per Section 28 of the FSS Act, FBOs must act promptly upon detection of a risk, and any refusal to comply can attract serious penalties.

2. Maintenance of Distribution Records

Under Regulation 6, FBOs must maintain detailed records of distribution:

  • These records must be retained for at least one year beyond the expiry or best-before date.
  • In the case of alcoholic beverages, the period extends to two years.
  • Key data includes lot/batch numbers, pack size, manufacturing and expiry dates, and supplier/distributor details.

3. Notification Obligations

FBOs are required to inform the authorities within 24 hours of identifying the need for a recall.

  • The alert must be sent using Schedule I of the regulations.
  • Communication should be via the fastest means available—email, fax, or speed post.
  • Additionally, the State Commissioner must inform the FSSAI CEO within 24 hours of receiving this alert.

4. Immediate Suspension of Production and Distribution

Without waiting for regulatory approval, the FBO must:

  • Cease the production and distribution of the identified food product.
  • Notify all downstream partners in the supply chain about the halt.

5. Mandatory Recall Plan

According to Regulation 7:

  • All manufacturers, importers, and wholesalers must maintain a detailed Food Recall Plan.
  • The plan must outline potential recall triggers, assign responsibilities, and describe procedures to be followed.
  • Retailers and small-scale food service operators are exempt unless they are part of a multi-unit chain.

6. Public Communication

Clear and accurate communication is vital in a recall situation:

  • FBOs must issue Food Recall Notices to other businesses and to the general public through media channels.
  • The notice should include detailed product descriptions, contamination or defect information, the course of action consumers must take, and a contact point for inquiries.

7. Status Reporting

Weekly or periodic Recall Status Reports must be submitted using Schedule II.

  • These reports document progress in the recall process and help authorities monitor effectiveness.
  • Reporting continues until the recall is officially terminated.

8. Food Recovery and Handling

Recalled products must be:

  • Stored separately and labeled clearly with “NOT FIT FOR HUMAN CONSUMPTION.”
  • Only reprocessed or destroyed after receiving FSSAI approval, ensuring safety and accountability.

9. Post-Recall Reporting

Upon completion of the recall, a Post-Recall Report must be submitted.

  • This report should detail the causes, actions taken, quantities recovered, and future preventive measures.

10. Termination of Recall

Termination can only occur after FSSAI’s confirmation that:

  • The recall has been fully executed.
  • The public and supply chain have been adequately informed.
  • Corrective actions have been implemented.
    The termination request must be submitted via Schedule III.

The regulations mandate the use of specific forms:

  • Schedule I: Food Recall Information Form
  • Schedule II: Recall Status Report
  • Schedule III: Termination of Recall Request

Penalty for non-compliance:

While the 2017 Regulations do not list independent penalties, violations attract penalties under the Food Safety and Standards Act, 2006,: 

Violation

Penalty

Misbranding (including false recall info)

Up to ₹3 lakh

Failure to comply with recall orders

Up to ₹2 lakh

General contraventions

Up to ₹2 lakh

Sale of unsafe food causing injury/death

₹1–10 lakh + up to 7 years’ imprisonment

Read more about this Regulation: FSSAI

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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