Chapter VI - Special Responsibilities as to Food Safety
Section 26
Section 26: responsibilities of the food business operator
Section 26 makes the food business operator responsible for food meeting the Act, rules and regulations throughout the parts of production, processing, import, distribution and sale under that operator's control.
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Need advice on Section 26?
This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Every food business operator shall ensure that the articles of food satisfy the requirements of this Act and the rules and regulations made thereunder at all stages of production, processing, import, distribution and sale within the businesses under his control.
(2) No food business operator shall himself or by any person on his behalf manufacture, store, sell or distribute any article of food– (i) which is unsafe; or (ii) which is misbranded or sub-standard or contains extraneous matter; or (iii) for which a licence is required, except in accordance with the conditions of the licence; or (iv) which is for the time being prohibited by the Food Authority or the Central Government or the State Government in the interest of public health; or (v) in contravention of any other provision of this Act or of any rule or regulation made thereunder.
(3) No food business operator shall employ any person who is suffering from infectious, contagious or loathsome disease.
(4) No food business operator shall sell or offer for sale any article of food to any vendor unless he also gives a guarantee in writing in the form specified by regulations about the nature and quality of such article to the vendor: Provided that a bill, cash memo, or invoice in respect of the sale of any article of food given by a food business operator to the vendor shall be deemed to be a guarantee under this section, even if a guarantee in the specified form is not included in the bill, cash memo or invoice.
(5) Where any food which is unsafe is part of a batch, lot or consignment of food of the same class or description, it shall be presumed that all the food in that batch, lot or consignment is also unsafe, unless following a detailed assessment within a specified time, it is found that there is no evidence that the rest of the batch, lot or consignment is unsafe: Provided that any conformity of a food with specific provisions applicable to that food shall be without prejudice to the competent authorities taking appropriate measures to impose restrictions on that food being placed on the market or to require its withdrawal from the market for the reasons to be recorded in writing where such authorities suspect that, despite the conformity, the food is unsafe.
Introduction
A licence or registration is only one compliance step. Section 26 places an ongoing food-safety duty on the operator and addresses unsafe, misbranded or otherwise non-compliant food, licence conditions, staff illness, supply-chain guarantees and unsafe batches.
The precise product standard, hygiene rule and licence condition depends on the food and activity. This guide explains the Act-level duty and links to the official text; it does not replace a product-specific regulatory check.
Key takeaways
Duty spans the controlled business
The operator must ensure legal food standards through production, processing, import, distribution and sale under its control.
Do not handle prohibited or non-compliant food
Subsection (2) addresses unsafe, misbranded, sub-standard and extraneous-matter food, food sold outside licence conditions, prohibited food and other contraventions.
Vendor guarantee and invoice
Subsection (4) requires a prescribed written guarantee on a sale to a vendor; its proviso treats a bill, cash memo or invoice as the guarantee under the section.
Unsafe batch presumption
Subsection (5) starts with a presumption covering the same batch, lot or consignment when part is unsafe, subject to its detailed-assessment exception.
Control and product compliance
Map the products and stages controlled by the operator. Section 26(1) is not confined to the moment of final retail sale. It connects the Act and subordinate standards to the operator's production, handling, import and distribution processes.
Product, licence and staff restrictions
Section 26(2) bars the listed kinds of non-compliant food and operations outside required licence conditions. Subsection (3) bars employing a person suffering from an infectious, contagious or loathsome disease. A food-safety plan should cover both product checks and hygiene/health controls.
Vendor records and unsafe lots
The vendor guarantee rule in subsection (4) makes transaction documents important, including the invoice proviso. Under subsection (5), finding unsafe food in a lot can affect the rest of that lot unless the required detailed assessment supports a different result. Preserve lot identity and traceability records.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Identify product-specific standards and licence conditions for each activity.
- Keep lot/batch traceability and supplier/customer transaction records.
- Use invoices or other prescribed guarantees for vendor sales and keep copies.
- Assess and segregate a suspect batch promptly using the applicable food-safety process.
Avoid
- Do not assume a granted licence permits a product or activity outside its conditions.
- Do not treat a test on one package as automatically clearing the entire suspect lot.
- Do not use a generic checklist in place of the product's current regulation.
Glossary
- FBO
- Food business operator, responsible for the business activities under its control.
- Batch or lot
- A defined production or supply grouping relevant when unsafe food is identified.
- Vendor guarantee
- The written assurance about nature and quality addressed by section 26(4).
Frequently asked questions
Does this duty end when the FSSAI licence is granted?
No. Section 26 applies throughout the food business stages under the operator's control.
Can an invoice count as a vendor guarantee?
The proviso to section 26(4) treats a bill, cash memo or invoice for the sale as the guarantee under that section.
What if one item in a batch is unsafe?
Section 26(5) creates a presumption about the same batch, lot or consignment, subject to a detailed assessment within the specified time and the provision's conditions.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026