What Is The Role Of FSSAI For Food-Based E-Commerce?

    Cyber and Technology Law
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The Food Safety and Standards Authority of India (FSSAI) plays a crucial regulatory role in India’s growing food-based e-commerce sector. As food delivery apps, cloud kitchens, and online grocery sellers expand, FSSAI ensures that the food reaching consumers meets national safety and hygiene standards. Its guidelines aim to protect public health while promoting responsible business practices.

Role and Functions of FSSAI in Food-Based E-Commerce

1. Mandatory Licensing and Registration

All food business operators (FBOs), including restaurants, cloud kitchens, home-based sellers, and delivery platforms operating online, must obtain FSSAI registration or license before commencing operations. Platforms like Zomato, Swiggy, and Amazon Pantry are required to display valid FSSAI license numbers of listed vendors.

2. Compliance Monitoring of Online Food Sellers

FSSAI monitors compliance with food safety laws among e-commerce food businesses through:

  • Periodic inspections
  • Surprise audits
  • Data collection from aggregators
  • Mandating hygiene rating systems

3. Regulation of Food Aggregator Platforms

Food aggregators must:

  • Only onboard FBOs with valid FSSAI licenses
  • Display seller license numbers prominently
  • Delist non-compliant food businesses
  • Cooperate during safety investigations or recalls

4. Hygiene and Sanitation Standards

FSSAI prescribes hygiene protocols for food handlers, kitchens, and storage facilities. These include:

  • Regular handwashing
  • Use of gloves and headgear
  • Sanitization of utensils and surfaces
  • Pest control and waste management practices

5. Food Labeling and Information Disclosure

E-commerce platforms selling packaged foods must ensure accurate product labeling as per FSSAI norms, including:

  • Ingredient list
  • Nutritional info
  • Allergen declaration
  • Expiry and batch numbers

This ensures that customers can make informed choices while purchasing.

6. Consumer Complaint Redressal

FSSAI encourages consumers to report food safety concerns via the Food Safety Connect app or toll-free number. E-commerce platforms are expected to maintain grievance redressal mechanisms and cooperate during foodborne illness investigations.

7. Enforcement of Recalls and Bans

In cases of contaminated or unsafe food detected through testing or complaints, FSSAI can:

  • Order product recalls
  • Impose fines
  • Cancel licenses of repeat violators
  • Issue public alerts and advisories

Key FSSAI Guidelines for E-Commerce Food Operators

  • Ensure proper cold chain during transit of perishable items
  • List only certified organic or special-category food with valid certifications
  • Provide full traceability of product origin
  • Maintain a robust backend to track orders and complaints

Consumer Rights under FSSAI Regulations

  • Right to safe, hygienic food
  • Right to know food origin and ingredients
  • Right to compensation for harm from unsafe food
  • Right to complain through official FSSAI channels

Example

A cloud kitchen listed on an online food aggregator app starts delivering meals without an FSSAI license. A customer falls ill after consuming their food and files a complaint with FSSAI.

Steps Taken by FSSAI:

  • Requests the food aggregator to delist the kitchen immediately
  • Sends a food safety officer for inspection and sample testing
  • Initiates action for operating without a license (penalty up to ₹5 lakhs)
  • Issues a public advisory if the food is found contaminated
  • Warns the aggregator platform to strengthen their vendor onboarding checks
Answer By Law4u Team

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