Ensuring Food Safety Compliance on E-Commerce Platforms

In light of increasing digital food commerce, the Food Safety and Standards Authority of India (FSSAI) has laid down specific obligations for sellers, brand owners, manufacturers, and e-commerce food business operators (FBOs). These regulations aim to uphold food safety, hygiene, and transparency in the interest of consumer health and informed choices.

Here are the key responsibilities outlined for various stakeholders operating on e-commerce food platforms:

1. Mandatory Display of FSSAI License/Registration and Hygiene Grading

  • All sellers, brand owners, and manufacturers must prominently display their valid License or Registration number obtained under the Food Safety and Standards (FSS) Act and applicable Regulations.
  • Hygiene grading, as may be assigned by FSSAI, must also be visible to consumers on the platform.

 

2. Legal Agreement Between E-Commerce FBOs and Sellers

  • E-commerce FBOs must enter into a binding agreement with each seller, brand owner, or manufacturer.
  • This agreement must affirm that the sellers comply with the FSS Act and all rules and regulations under it.
  • The primary liability for regulatory compliance rests with the sellers/brand owners/manufacturers, not the platform operator.

 

3. Transparency in Pre-Packaged Food Listings

  • Sellers must provide a legible and clear image of the principal display panel of all pre-packed food products.
  • This visual must be accessible to consumers for better product identification and decision-making.
  • The image should exclude sensitive details like batch number, lot number, best before/expiry dates, manufacturing/packing dates, and Maximum Retail Price (MRP), which are exempt from online display.

 

4. Shelf-Life Standards for Delivered Food Items

  • Any food article delivered by an e-commerce FBO must have a remaining shelf life of at least 30% of its total shelf life or a minimum of 45 days before expiry, whichever is applicable, at the time of delivery.

5. Display Requirements for Fresh Produce

  • Sellers dealing in fresh fruits, vegetables, and other perishable produce must provide indicative images of these products.
  • These images will be displayed on the e-commerce platform to help consumers easily recognize and evaluate the product before purchase.

 

6. Safe and Trained Delivery Personnel

  • It is the responsibility of e-commerce FBOs to ensure that last-mile delivery is conducted by trained delivery personnel.
  • Care must be taken to prevent contamination, spoilage, or damage during transit to maintain food safety standards.

 

7. Immediate Delisting of Non-Compliant Products

  • If any listed food product is found to be non-compliant with the FSS Act or its Rules and Regulations, the e-commerce FBO must immediately delist such products from their platform.
  • This proactive action ensures regulatory compliance and consumer safety.

Conclusion

These regulatory mandates serve as a robust framework to promote consumer trust and maintain high food safety standards in the digital food retail ecosystem. All stakeholders—including e-commerce platforms and individual food sellers—must work in tandem to adhere to FSSAI’s guidelines, ensuring that safety, hygiene, and transparency remain non-negotiable pillars of online food commerce.

Penalty for non-compliance:

Non-compliance with FSSAI license conditions can lead to serious consequences, starting with the issuance of an Improvement Notice under Section 32, giving the Food Business Operator (FBO) a time-bound opportunity to correct deficiencies. Failure to comply may result in suspension or cancellation of the license, requiring the FBO to stop operations. Monetary penalties for various non-compliances such as sub-standard food, misbranding, misleading ads or unhygienic handling may be levied. In severe cases, prosecution may follow, with imprisonment ranging from 6 months to life and fines up to ₹10 lakh, depending on the harm caused. Authorities may also seize or recall products and order temporary or permanent closure of the business.

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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