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India’s food and consumer protection sector witnessed notable developments in food safety, consumer protection, and trade landscape during July to September 2026, led primarily by the Food Safety and Standards Authority of India (“FSSAI”) along with the Ministry of Health and Family Welfare (“MoHFW”), Ministry of Consumer Affairs Food and Public Distribution (“MoCA”), Ministry of Food Processing Industries (“MoFPI”), Ministry of Commerce and Industry (“MoCI”), and the Ministry of Textiles (“MoT”).
From stringent enforcement actions against food adulteration to India’s growing leadership in shaping global food standards, these developments underscore the Government’s commitment to protecting consumer interests and strengthening the regulatory framework. India achieved significant milestones at the 49th Session of the Codex Alimentarius Commission (“Commission“)[1], reinforcing its role in developing science-based international food standards. The Commission adopted 7 (seven) Codex standards and guidelines developed under India’s chairmanship and co-chairmanship, including standards for various spices; guidelines on the safe use and reuse of water in food production and processing; guidelines for the control of Campylobacter and Salmonella in chicken meat, and labelling provisions for prepackaged foods. The Commission approved India’s proposal to develop a Codex standard for cashew kernels, aimed at harmonising international quality and safety requirements, facilitating fair trade, reducing technical barriers to trade, and enhancing market access for Indian exports.
These outcomes aim to reinforce India’s role in strengthening the global food standards system through scientific excellence and international collaboration.
Further, on July 14, 2026, MoFPI has issued clarifications in the form of frequently asked questions addressing queries raised by prospective entrepreneurs in connection with the Expression of Interest (“EoI”) for setting up multi-product food irradiation units under the Integrated Cold Chain and Value Addition Infrastructure (“Cold Chain Scheme”) of Pradhan Mantri Kisan Sampada Yojana (“PMKSY”).
MoCI, vide press release dated July 16, 2026, has announced the launch of ‘Going Global: A Practical Guide for Indian MSMEs’, developed by the Centre for Trade and Investment Law in collaboration with the Confederation of Indian Industry. The guidebook serves as a practical resource to assist Micro, Small and Medium Enterprises in identifying export opportunities, understanding market access requirements, complying with international standards and sustainability requirements, leveraging trade intelligence tools and improving export readiness.
Additionally, in the past 3 (three) months, FSSAI and State Food Safety Commissioners intensified enforcement under the Food Safety and Standards Act, 2006, targeting food adulteration, misbranding and unauthorised storage[2]. Maharashtra[3] mandated restrictions on high-fat, sugar and sodium foods in and around schools, while Gujarat[4] prohibited non-standardised dairy analogues, including products imitating paneer and other dairy products. Haryana[5] imposed a one-year statewide prohibition on non-compliant products labelled as ghee, barred misrepresentation of margarine and vegetable fat spreads as butter and strengthened disclosure requirements for sweets regarding preparation mediums and artificial sweeteners.
Mandatory use of jute packaging materials extended
MoT, vide order dated July 1, 2026, has extended the mandatory jute packaging requirements under the Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987. The validity of the order mandating compulsory use of jute packaging materials for specified commodities has been extended up to October 31, 2026, or until further orders, whichever is earlier.
Legal Metrology (General) Fourth Amendment Rules, 2026
MoCA, vide notification dated July 3, 2026, has amended the Legal Metrology (General) Rules, 2011. The procedure for verification of weighing instruments is amended by permitting a greater reduction in the quantity of standard weights required during on-site testing where prescribed repeatability error thresholds are met. Under the substituted clause, when testing instruments at the place of use, any constant load may be employed in substitution of standard weights, provided that standard weights of not less than 1/2 of the maximum capacity are used. Where the repeatability error does not exceed 0.3e, the portion of standard weights required may be reduced to 1/3 of the maximum capacity. Where the repeatability error does not exceed 0.2e[6], the portion may be further reduced to 1/5 of the maximum capacity. Further, the compounding fee specified under the Twelfth Schedule (Sl. No. 2) are increased from INR 5,000 (Indian Rupees five thousand) to INR 50,000 (Indian Rupees fifty thousand). The amendments are relevant to food manufacturers, food processing companies and food packaging companies that use weighing instruments for trade purposes, as the revised substitution provisions may reduce the logistical burden of on-site verification while maintaining measurement accuracy. The significant increase in compounding fees underscores the need for strict compliance with legal metrology requirements.
Cold Chain Scheme of PMKSY
MoFPI, vide letter dated July 13, 2026, has directed that all cold storage facilities created in the cold chain projects under the Cold Chain Scheme of PMKSY must be compulsorily registered with the Warehousing Development and Regulatory Authority.
Further, MoFPI, vide circular dated July 14, 2026, has issued a corrigendum to the Operational Scheme Guidelines dated August 6, 2024, regarding the Cold Chain Scheme to support the setting up of multi product food irradiation units of PMKSY. It is noteworthy that food irradiation is a food-safety process in which food is exposed to controlled amounts of ionising radiation to destroy harmful microorganisms, control insects and pests, delay ripening or sprouting, and extend shelf life[7]. Some of the key amendments are as follows:
- under eligibility criteria the minimum area of land required for setting up of either standalone or integrated multiproduct food irradiation unit must be 1 (one) acre (previously it was 1.5 (one point five) acres for standalone irradiation unit and 3.5 (three point five) acres for an integrated irradiation unit); and
- in addition to a Memorandum of Understanding (“MoU”)/agreement, a firm letter of recommendation from the designated agency of Department of Atomic Energy for the supply of source of food irradiation can be submitted for the requirement of application filing and documents submission. In such a case, the successful applicant(s) will be required to submit the final MoU within a period of 60 (sixty) days from the date of issue of the approval letter.
Subsequently, MoFPI, vide circular dated August 31, 2026, has extended the timeline for submission of proposals under the Cold Chain Scheme for setting up of multiproduct food irradiation units to September 30, 2026. These developments are relevant to food processing companies and cold chain operators seeking to establish or expand food irradiation capabilities, as the reduced land requirements and extended timelines lower the barriers to entry for participation in the scheme.
Concessional customs duty rates for specified goods imported from the United Kingdom under tariff rate quota framework
The Ministry of Finance, vide notification dated July 14, 2026, has provided exemptions from applicable customs duties on specified goods imported from the United Kingdom. The notification:
- implements concessional tariff rates for goods originating from the United Kingdom under the applicable bilateral trade agreement;
- prescribes concessional rates of Basic Customs Duty, Agriculture Infrastructure and Development Cess, and health cess for specified goods covered under various tariff headings, subject to certain conditions; and
- introduces tariff rate quota benefits for certain goods, allowing imports up to the specified annual quota limits at concessional in-quota duty rates, while imports beyond the quota limits will attract prescribed out-of-quota rates.
The benefit of the exemption will be available only where the importer establishes that the goods originate from the United Kingdom in accordance with the applicable rules of origin under the Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020. The concessional duty rates are relevant to food manufacturers, food processing companies and food packaging companies that import raw materials, ingredients or finished food products from the United Kingdom, as the reduced tariff rates may lower input costs and improve competitiveness. Businesses engaged in cross-border food trade should assess the applicability of the concessions to their specific product categories and ensure compliance with the prescribed rules of origin.
FSSAI finalises technical specifications for high-end food testing equipment
FSSAI, vide notice dated July 17, 2026, has finalised and published suggestive technical specifications for Liquid Chromatography–High Resolution Mass Spectrometry (LC-HRMS) high-end food testing equipment. The specifications cover workflows for screening contaminants such as antibiotics, veterinary drugs, pesticides and other chemical contaminants in food, feed and water, as well as honey authentication and adulteration detection.
Separately, FSSAI has also issued a corrigendum dated July 17, 2026, to its earlier approved technical specifications (published in December 2025) for Gas Chromatography–Tandem Mass Spectrometry (GC-MS/MS), Liquid Chromatography–Tandem Mass Spectrometry (LC-MS/MS), Inductively Coupled Plasma–Mass Spectrometry (ICP-MS) and Inductively Coupled Plasma–Optical Emission Spectrometry (ICP-OES) equipment, amending certain operational parameters. While these specifications are purely indicative and do not constitute mandatory procurement conditions, they signal the contaminant parameters and testing capabilities being prioritised by FSSAI’s laboratory infrastructure.
Labelling requirements for coffee-chicory mixtures revised
FSSAI, vide circular dated July 21, 2026, has revised the labelling requirements for packages of coffee-chicory mixtures that were prescribed under the Food Safety and Standards (Labelling and Display) First Amendment Regulations, 2025. Accordingly, simpler labelling options are prescribed for packages containing coffee and chicory mixtures. The revised labelling requirements will come into effect from July 1, 2027. The revised labelling requirements are particularly relevant to food manufacturers and food packaging companies involved in the production and packaging of coffee-chicory mixtures, as they will need to update their packaging artwork and labelling processes to comply with the simplified declaration format ahead of the July 1, 2027, deadline.
Food Safety and Standards (Packaging) Amendment Regulations, 2026
FSSAI, vide notification dated August 10, 2026, has amended the Food Safety and Standards (Packaging) Regulations, 2018 (“PR Regulations”) to prescribe packaging materials for pan masala. A new entry has been inserted under Schedule IV (pertaining to list of suggestive packaging materials) of the PR Regulations. The use of paper, paper board, cellulose and other naturally derived materials, provided they are free from plastics, synthetic polymers, copolymers, laminates, aluminium foil and metallised layers, as well as tin or glass containers, is permitted. The amendment also makes specified provisions of the Plastic Waste Management Rules, 2016 applicable to such packaging. The amendment is directly relevant to food packaging companies, as it restricts the packaging materials permissible for pan masala to plastic-free, naturally derived materials, tin or glass containers. Manufacturers and packaging suppliers currently using plastic-based laminates or metallised layers for pan masala packaging will need to transition to compliant alternatives.
National Co-operative Development Corporation (Amendment) Act, 2026
The Ministry of Law and Justice, vide notification dated August 14, 2026, has issued the National Co-operative Development Corporation (Amendment) Act, 2026 (“Amendment Act”), which further amends the National Co-operative Development Corporation Act, 1962. The amendments broaden the scope of the National Co-operative Development Corporation (“NCDC”) by introducing a definition of “co-operative development” covering the planning, promotion and financing of programmes for co-operative societies, directly or through intermediary entities. The Amendment Act expands the categories of commodities covered to include processed food, other edible products and industrial goods, and enables the NCDC to provide loans and grants directly to co-operative societies or entities engaged in co-operative development, subject to prescribed security requirements. It further empowers the NCDC, with Central Government approval, to participate in the share capital of co-operative societies and eligible entities engaged in co-operative development. The amendments also confer incidental powers on the NCDC and permit it to collect and furnish credit or other information to the Central Government, the Reserve Bank of India and specified financial institutions. The amendments are relevant to food processing companies and food manufacturers structured as or supplying to co-operative societies, as the expanded mandate of the NCDC to provide direct loans, grants and equity participation may open up new avenues of financing for co-operative enterprises engaged in food processing, production and distribution of processed food and edible products.
Amendment to eligibility criteria for One Star Export House status
MoCI, vide notification dated August 21, 2026, has amended Para 1.25(d) of the Foreign Trade Policy, 2023 to provide greater flexibility in determining eligibility for ‘One Star Export House’ status. The key amendment is that it permits applicants, other than those in the gems and jewellery sector, to qualify for ‘One Star Export House’ status where they have export performance in any 2 (two) out of the preceding 3 (three) financial years (instead of requiring export performance in all 3 (three) preceding financial years). The relaxed eligibility criteria are relevant to food manufacturers and food processing companies engaged in exports, as applicants that may have experienced a gap in export activity during one of the preceding 3 (three) financial years can now qualify for ‘One Star Export House’ status, thereby gaining access to associated trade facilitation benefits.
Legal Metrology (Indian Standard Time) Rules, 2026
MoCA, vide notification dated August 27, 2026, has issued the Legal Metrology (Indian Standard Time) Rules, 2026 (“Rules”) to establish a framework for the generation, maintenance, dissemination, synchronisation, traceability and use of Indian Standard Time (“IST”) across India, in accordance with the provisions of the Legal Metrology Act, 2009. The Rules provide that IST will be the standard time reference for legal, administrative and official documents and across sectors. Government offices, public institutions and entities operating in critical sectors such as telecommunications, financial services, energy and data centres are required to synchronise their time-dependent systems with IST through authorised timing sources traceable to coordinated universal time as realised and maintained by the National Physical Laboratory. The Rules also prescribe cybersecurity, redundancy and resilience requirements for time-synchronisation systems, including the use of Navigation with Indian Constellation or other authorised timing sources for critical infrastructure. The Rules will come into force 180 (one hundred and eighty) days from the date of their publication in the Official Gazette. The Rules are relevant to food manufacturers, food processing companies and food packaging companies operating in or supplying to critical sectors such as financial services, telecommunications and data centres, as they will be required to synchronise their time-dependent systems and processes with IST through authorised timing sources. Non-compliance may attract penalties under the Legal Metrology Act, 2009.
Reconstitution of FSSAI Scientific Committee Panels
FSSAI, vide order dated September 1, 2026, has reconstituted its Scientific Committee Panels. The reconstitution is aimed at strengthening the institutional framework for scientific assessment and standard-setting under the Food Safety and Standards Act, 2006.
The reconstituted panels are expected to play a key role in reviewing and recommending food safety standards, which may in turn influence regulatory requirements applicable to food manufacturers, food processing companies, restaurants and food packaging companies.
E-Commerce rules are amended to strengthen consumer protection and promote transparency in the digital marketplace
MoCA, on September 9, 2026, has notified the Consumer Protection (E-Commerce) (Amendment) Rules, 2026, outlining new compliance requirements for the digital marketplace that will take effect on January 1, 2027. These amendments introduce several operational changes for e-commerce platforms, including mandatory integration with the National Consumer Helpline, updated parameters for prior-price disclosures, and annual dark pattern self-audits. The e-commerce entities have a 4 (four) month transition period to review their current operating frameworks and implement the necessary adjustments to meet these updated regulatory standards.
For a detailed analysis, please refer to the JSA Prism of September 15, 2026.
Food Safety and Standards (Laboratory and Sample Analysis) Amendment Regulations, 2026
FSSAI, vide gazette notification dated September 14, 2026, has notified the Food Safety and Standards (Laboratory and Sample Analysis) Amendment Regulations, 2026. The amendments relate to the timelines for analysis of samples, methods of analysis and testing report formats, aligning these with the requirements under the Food Safety and Standards Act, 2006 and the rules and regulations made thereunder.
The revised timelines and standardised testing report formats are relevant to food manufacturers and food processing companies that are subject to regulatory sampling and testing, as they may affect the turnaround time for laboratory results and the format in which test outcomes are communicated.
Draft restriction on manufacture and sale of non-milk paneer
FSSAI, vide draft notification dated September 22, 2026, has published the draft Food Safety and Standards (Prohibition and Restrictions on Sales) Amendment Regulations, 2026, proposing to restrict the manufacture and sale of paneer made of constituents not derived from milk. The proposed amendment seeks to insert a new clause (12) in Regulation 2.1.1 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, which would prohibit paneer made of constituents not derived from milk. Significantly, products already licensed or registered under the ‘Analogue in Dairy Context’ category would be required to discontinue the use of the term ‘paneer’ in their nomenclature, labelling or marketing. Objections and suggestions may be submitted within 60 (sixty) days from the date on which the copies of the Official Gazette were made available to the public.
If notified, the amendment would have a direct bearing on food manufacturers and food processing companies currently producing or marketing analogue paneer products, as they would need to either reformulate their products using milk-derived constituents or discontinue the use of the term ‘paneer’ in product names, labels and marketing materials. Restaurants, caterers and food service establishments sourcing paneer or paneer-like products would also need to verify the compliance status of their suppliers to avoid serving or selling prohibited items.
Food Safety and Standards (Vegan Foods) Second Amendment Regulations, 2026
FSSAI vide notification dated September 29, 2026, has amended the Food Safety and Standards (Vegan Foods) Regulations, 2022, prescribing the certificate to be issued by recognised authorities of exporting countries for vegan food products, and will come into force on April 1, 2027. The amendments will impact the food manufacturers, processors, hotels and restaurants importing or sourcing imported vegan food products. The key change introduced is a substitution in sub-regulation (3) of Regulation 5 (pertaining to vegan food compliance), whereby the earlier reference to “the format as specified by the authority” is replaced with a reference to “Form-I of these regulations”. To this end, a new Form-I has been inserted after Regulation 5, prescribing a standardised certificate to be issued by the recognised authority of the exporting country for products applied for vegan logo endorsement under the 2022 Regulations. Form-I requires the certain declarations, which inter alia includes:
- details of the consignor/exporter and consignee/importer, including names and addresses;
- certificate number and contact details of the recognised authority of the exporting country;
- country of origin, country of destination, and conditions for transport/storage;
- product description, including the product name, producer/manufacturer details, lot/batch number, net weight, number of units/packages, type of packaging, date of manufacture/packaging, and date of expiry (if applicable); and
- product composition, intended purpose, and whether the product is meant for repacking or relabelling in the destination country (with premises details for inspection clearance, if applicable).
Supreme Court of India holds that arbitration clauses do not oust consumer fora jurisdiction and admitted consumer complaints cannot be referred to arbitration
In a recent judgment, the Supreme Court of India (“Supreme Court”) has held that the existence of an arbitration clause does not oust the jurisdiction of consumer fora under consumer protection laws. The Supreme Court clarified that once a consumer complaint has been admitted, Section 12(4) of the Consumer Protection Act, 1986 precludes its subsequent reference to arbitration. It further held that an allottee does not cease to be a ‘consumer’ merely because possession of the property was taken prior to filing the complaint, where the relief sought concerns compensation for delay in handing over possession.
This decision reinforces the independent and additional nature of remedies available under consumer protection law, notwithstanding contractual dispute resolution mechanisms. It also clarifies that arbitration clauses cannot be invoked to displace the jurisdiction of consumer fora or redirect admitted consumer disputes to arbitration.
For a detailed analysis, please refer to the JSA Prism of September 28, 2026.
Other key FSSAI notifications and guidelines
Set out below are other major FSSAI notifications, directions and guidelines issued between July and September 2026 that are relevant to the hospitality, restaurant, hotel, food manufacturing and food processing businesses, other than those discussed above.
- Position on use of identical flavours in alcoholic beverages (August 2, 2026) – FSSAI clarified its position on the use of external flavours to replicate the characteristic taste and aroma of alcoholic beverages such as rum and whisky, and flagged misleading age-related claims. Status: Clarification; enforcement action and prohibition of sale undertaken against non-conforming products. Impact: Alcoholic beverage manufacturers, and hotels, bars and restaurants sourcing such products.
- Draft Food Safety and Standards (Safe Food and Balanced Diets for Children in School) Amendment Regulations, 2026 (August 10, 2026) – proposes definitions for food products high in added fat, added sugar or salt. Status: Draft; open for public comments. Impact: Food manufacturers and processors supplying packaged foods, and caterers and food service operators serving school premises.
- Advisory on endorsements and advertising of food products (August 2026) – FSSAI urged celebrities and influencers to exercise due diligence before endorsing food products and highlighted consequences under the Food Safety and Standards (Advertising and Claims) Regulations, 2018. Status: Advisory; in force. Impact: Food manufacturers, processors and restaurant brands running endorsement or influencer campaigns should ensure claims are truthful and substantiated.
- Declaration of non-food grade items in the Bill of Entry (August 10, 2026) – public notice on declaring non-food grade items in the Bill of Entry on Indian Customs Electronic Gateway/Single Window Interface for Facilitating Trade (ICEGATE/SWIFT). Status: Public notice; in force. Impact: Food manufacturers and processors importing ingredients or materials.
- Timely analysis and reporting by referral laboratories (September 18, 2026) – order directing FSSAI notified referral laboratories to comply with timelines for analysis and reporting of food samples. Status: Order; in force. Impact: Food manufacturers and processors seeking re-testing or appeal of samples may expect faster outcomes.
- Front-of-pack nutrition labelling (September 23, 2026) – As per the media release by FSSAI, it has been indicated that front-of-pack nutrition labelling for packaged foods will be rolled out in a single phase and has sought 4 (four) months to issue and finalise the draft regulations. Status: Sub-judice; the matter is pending before the Supreme Court of India and regulations are yet to be issued. Impact: Food manufacturers, food processors and packaging companies should anticipate artwork and labelling changes for sugar, salt and saturated fat disclosures.
- Special festive drive against adulteration (September 29, 2026) – FSSAI directed a special festive season drive to ensure food safety and quality and prevent adulteration. Status: Advisory; in force for the festive season. Impact: Restaurants, hotels, sweet shops, caterers and manufacturers of milk products, sweets and edible oils should expect increased inspections and sampling.
This Newsletter has been prepared by:
|
Vivek K Chandy |
Saurya Bhattacharya |
Ishaan Bhatnagar |
For more details, please contact km@jsalaw.com.
[1] MoHFW press release dated July 14, 2026
[2] Press release dated July 3, 2026
[3] Order dated July 28, 2026
[4] Notification dated August 5, 2026
[5] Notification dated August 17, 2026
[6] Verification Scale Interval (“e”)
[7] Regulation 1.2 (7) of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 defines “Irradiation”.
