By S&S Co. Advocates & Solicitors · Published 16 September 2026 · Informational content, not legal advice: see our disclaimer
When an Appeal to the Tribunal Is Available
A food business operator aggrieved by an order of an Adjudicating Officer under Section 68 of the Food Safety and Standards Act, 2006 has a statutory right of appeal to the Food Safety Appellate Tribunal constituted for the relevant state or region. The Tribunal functions as the first appellate forum for adjudication orders, distinct from the ordinary criminal appellate hierarchy that applies to a Section 59 prosecution.
Limitation and When It Starts Running
The appeal must ordinarily be filed within the limitation period specified under the Act from the date of the order. Tribunals have clarified that this period runs from effective, actual service of the order on the food business operator: through a recognised mode of service, rather than from the date the order is merely issued internally or uploaded to a departmental portal without corresponding intimation to the affected party. Where genuine delay has occurred for a good reason, the Tribunal retains discretion to condone it on a properly supported application.
What the Appeal Memorandum Should Cover
An effective appeal memorandum sets out, in a structured manner, the specific findings of the Adjudicating Officer being challenged, the grounds of challenge: whether procedural (such as inadequate particularity in the original notice, or a denial of proper hearing) or on the merits (such as a flawed testing methodology or a mischaracterisation of the applicable standard): and the relief sought, whether setting aside the order entirely, remanding it for fresh consideration, or reducing the penalty imposed.
Interim Relief Pending the Appeal
Where the underlying order carries an immediate consequence, such as a directed licence suspension or a recovery notice for the penalty amount. The appellant can separately seek interim relief from the Tribunal pending final disposal of the appeal, on a showing that the balance of convenience favours a stay and that the appeal raises a genuine, arguable question rather than being a mere delaying tactic.
Frequently Asked Questions
What orders can be appealed to the Food Safety Appellate Tribunal?
Orders passed by an Adjudicating Officer under Section 68 of the Food Safety and Standards Act, 2006, imposing a penalty or other adverse finding against a food business operator.
From when does the limitation period for filing the appeal run?
From the date of effective, actual service of the order on the food business operator through a recognised mode of service, not merely from internal issuance or portal upload of the order.
Can the Tribunal condone a delay in filing the appeal?
Yes, on a properly supported application showing sufficient cause for the delay, the Tribunal retains discretion to condone it.
Can interim relief be sought while the appeal is pending?
Yes, where the underlying order carries an immediate consequence like a licence suspension or penalty recovery notice, interim relief can be sought pending final disposal of the appeal.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Food Safety and Standards Act, 2006, Section 70.
- Food Safety and Standards Act, 2006, Section 68.