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Food Safety & FSSAI · 10 March 2026

Defending a Section 68 Penalty Notice Before an FSSAI Adjudicating Officer: A Procedural Guide

A procedural guide for food business operators on how adjudication proceedings under Section 68 of the FSS Act work, and how to respond effectively to a penalty show-cause notice.

By S&S Co. Advocates & Solicitors · Published 10 March 2026 · Informational content, not legal advice: see our disclaimer

What Section 68 Adjudication Covers

Section 68 of the Food Safety and Standards Act, 2006 empowers an Adjudicating Officer, typically an officer not below the rank prescribed under the Act, appointed for the purpose. To impose monetary penalties for a range of contraventions that fall short of the criminal offences prosecuted under Section 59 and related provisions, such as sub-standard food, misbranded food, or violation of labelling and packaging requirements. It is a civil, penalty-oriented process rather than a criminal prosecution, though it remains penal in substance and must follow a fair procedure.

The Notice and What to Check First

On receiving a show-cause notice under Section 68, a food business operator's first step should be to confirm the notice specifies, with adequate particularity, the specific regulation or standard alleged to have been contravened and the factual basis, typically an inspection finding or a laboratory analysis report: supporting that allegation. A notice that is vague or generic on these points is itself vulnerable to challenge, independent of the underlying merits, as courts and the Food Safety Appellate Tribunal have repeatedly held that adjudication proceedings must satisfy a basic requirement of particularity.

Preparing the Response

A reasoned written response should directly address the specific contravention alleged, supported by documentary evidence: internal records, supplier compliance certificates, or the operator's own testing where relevant. And should specifically engage with any laboratory analysis report relied on by the department, including, where appropriate, a competing expert opinion on testing methodology if there is a genuine basis to question it. Corrective action already taken, where genuinely available, is usually worth documenting and presenting, since it can be relevant to both the merits and to any argument on the proportionality of the penalty ultimately imposed.

The Hearing and What Follows

The Adjudicating Officer is required to give the food business operator a reasonable opportunity of hearing before imposing a penalty. If the resulting order is adverse, the operator's recourse is an appeal to the Food Safety Appellate Tribunal, within the limitation period specified. And, as tribunals have held, that limitation period runs from effective service of the order, not merely its administrative issuance or portal upload.

Frequently Asked Questions

What is the difference between Section 59 prosecution and Section 68 adjudication?

Section 59 prosecution addresses criminal offences relating to unsafe, adulterated or misbranded food carrying criminal penalties including imprisonment in serious cases, while Section 68 adjudication is a civil, penalty-oriented process before an Adjudicating Officer for a range of other contraventions.

What should a food business operator check first on receiving a Section 68 notice?

Whether the notice specifies, with adequate particularity, the specific regulation allegedly breached and the factual basis for the allegation. A vague or generic notice is independently vulnerable to challenge.

Can a food business operator challenge the laboratory testing methodology relied on in adjudication proceedings?

Yes, a specific, substantiated objection to testing methodology, ideally supported by a competing expert opinion, can shift the burden onto the department to defend the reliability of its result.

Where does an appeal go if the Adjudicating Officer's order is adverse?

To the Food Safety Appellate Tribunal, within the applicable limitation period, which runs from effective service of the order on the food business operator.

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.

  1. Food Safety and Standards Act, 2006, Section 68.
  2. Food Safety and Standards Act, 2006, Section 70 (Appeal to the Tribunal).
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