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Chapter VI - Special Responsibilities as to Food Safety

Section 27

Section 27: liability across the food supply chain

Section 27 identifies when a manufacturer, packer, wholesaler, distributor or seller is liable for a food article. It separates the roles and lists conduct such as selling expired food, unsafe handling and losing source identification.

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Need advice on Section 27?

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.

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Statutory text

Bare law

(1) The manufacturer or packer of an article of food shall be liable for such article of food if it does not meet the requirements of this Act and the rules and regulations made thereunder.

(2) The wholesaler or distributor shall be liable under this Act for any article of food which is– (a) supplied after the date of its expiry; or (b) stored or supplied in violation of the safety instructions of the manufacturer; or (c) unsafe or misbranded; or (d) unidentifiable of manufacturer from whom the article of food have been received; or (e) stored or handled or kept in violation of the provisions of this Act, the rules and regulations made thereunder; or (f) received by him with knowledge of being unsafe.

(3) The seller shall be liable under this Act for any article of food which is– (a) sold after the date of its expiry; or (b) handled or kept in unhygienic conditions; or (c) misbranded; or (d) unidentifiable of the manufacturer or the distributors from whom such articles of food were received; or (e) received by him with knowledge of being unsafe.

Introduction

A food product may pass through several businesses before reaching a consumer. Section 27 allocates Act-level responsibility by role rather than treating all businesses as having identical statutory triggers.

The manufacturer or packer is liable where its food article fails to meet the Act, rules and regulations. The wholesaler, distributor and seller provisions list particular supply, storage, handling, labelling and knowledge conditions.

Key takeaways

1

Manufacturer and packer

Subsection (1) attaches liability if their food article does not meet the Act and the rules and regulations made under it.

2

Wholesale and distribution

Subsection (2) includes expired supply, violation of manufacturer safety instructions, unsafe or misbranded food, missing manufacturer identification and knowing receipt of unsafe food.

3

Seller

Subsection (3) addresses expired sale, unhygienic handling or keeping, misbranding, missing source identification and knowing receipt of unsafe food.

4

Trace the source

Both downstream lists make the ability to identify the relevant upstream party important; maintain invoices and lot or batch records.

Map the role for each product

Identify whether the business manufactures, packs, wholesales, distributes or sells each product. A business may occupy more than one role, and the same product may have different actors at different stages.

Control expiry and storage instructions

For downstream operations, prevent dispatch or sale after expiry and retain manufacturer safety instructions. Track temperature and handling conditions where required for the product.

Keep supply-chain identity

Retain the manufacturer, packer, supplier and batch identifiers that connect received goods to their source. Section 27 expressly addresses articles whose manufacturer or distributor cannot be identified in the relevant downstream role.

Investigate unsafe or misbranded stock

If a product appears unsafe or misbranded, isolate the affected lot and follow the Act's recall and reporting framework. Do not assume a downstream business is protected merely because it did not manufacture the product.

Official sources

Read the consolidated Act with the enacted and commenced amendments applicable to this section.

Practical checklist

Do

  • Record the business's role and upstream party for each product.
  • Check expiry and manufacturer handling instructions before sale or dispatch.
  • Preserve purchase invoices and lot identifiers for traceability.

Avoid

  • Do not sell or distribute expired food.
  • Do not accept unidentifiable food stock without resolving its source.
  • Do not treat a supplier invoice as a substitute for food-safety controls.

Glossary

Misbranded food
Food whose branding or labelling falls within the Act's misbranding definition; the specific test must be checked against the Act and current regulations.
Downstream operator
A wholesaler, distributor or seller receiving food from an earlier supply-chain participant.

Frequently asked questions

Is only the manufacturer responsible for unsafe food?

No. Section 27 lists separate circumstances in which wholesalers, distributors and sellers are liable under the Act.

Why keep the original supplier details?

The section expressly addresses food for which the relevant manufacturer or distributor cannot be identified, in addition to ordinary traceability needs.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 9 October 2026