Duties of a food business operator and liability for defective products
The food business operator (FBO) is responsible for the safety of the food it makes or sells. Unsafe, sub-standard or misbranded food brings graded penalties and consumer claims.
Who is a food business operator
Under the FSS Act, a food business is any undertaking, whether for profit or not, public or private, that carries out any stage of manufacture, processing, packaging, storage, transport, distribution, import, catering or sale of food. The food business operator (FBO) is the person who owns or runs that business and is responsible for complying with the Act. So a dairy, a bakery, a hotel, a street vendor, a hostel mess, a hospital kitchen, a school noon-meal kitchen, a temple kitchen serving prasad and an online food seller are all FBOs.
Duties and responsibilities of an FBO
- Hold a valid registration or licence, follow its conditions and display it (with the Food Safety Display Board) at a prominent place.
- Ensure the food meets the Act at every stage under its control: production, processing, import, storage, distribution and sale.
- Never make, store or sell food that is unsafe, sub-standard, misbranded, contains extraneous matter or is prohibited.
- Follow the general hygiene and sanitary practices of the licensing regulations: clean premises, potable water, pest control, clean equipment, proper waste disposal.
- Keep food handlers healthy and clean: regular medical check-ups; never employ a person with an infectious or contagious disease to handle food.
- Train staff and appoint a trained Food Safety Supervisor (FoSTaC) where the rules require one.
- Buy only from licensed or registered suppliers; give a written guarantee about the food's nature and quality when selling to a vendor; keep records for traceability.
- Label food truthfully; make no false or misleading claims or advertisements.
- Recall: if food may be unsafe, withdraw it at once and inform the authority and consumers.
- Cooperate with officers: allow inspection and sampling, and act on improvement notices.
Liability is shared along the chain
| Who | Liable when the food is |
|---|---|
| Manufacturer or packer | Not meeting the requirements of the Act. |
| Wholesaler or distributor | Supplied after expiry; stored against the maker's safety instructions; unsafe or misbranded; from an unidentifiable maker; or received knowing it was unsafe. |
| Seller (retailer) | Sold after expiry; kept in unhygienic conditions; misbranded; from an unidentifiable maker or distributor; or received knowing it was unsafe. |
Graded penalties under the FSS Act (in words)
| Offence | What follows |
|---|---|
| Sub-standard food | Penalty (fine) imposed by the Adjudicating Officer |
| Misbranded food or misleading advertisement | Penalty; for misbranded food the FBO may also be told to correct the mistake, or the food is destroyed |
| Extraneous matter, or unhygienic processing | Penalty |
| Ignoring an improvement notice | Licence suspended or cancelled |
| Running a business without a required licence | Imprisonment and fine (tried by a court) |
| Unsafe food | Imprisonment and fine, rising with the harm: no injury, then injury, then grievous injury, and the heaviest (up to life imprisonment) if it causes death |
| Repeat offences | Heavier penalty and cancellation of the licence |
Two routes when a food product harms someone
Rupee amounts and prison terms are set in the Acts and can change; learn the idea, not the figures.
A hospital or hostel kitchen is an FBO even though it does not sell for profit. The catering manager or dietitian in charge must keep the licence, hygiene, medical checks, training and records in order.
2 marks: “Who is a food business operator?” The person who owns or runs a food business (any food undertaking, for profit or not, public or private) and is responsible for complying with the FSS Act.
5 marks: “List the duties and responsibilities of a food business operator.” Licence and display; safe food at every stage; no unsafe, sub-standard or misbranded food; hygiene; healthy, trained staff; records and guarantees; truthful labels; recall; cooperate with officers.
10 marks: “Explain the duties of an FBO and the liability for unsafe or defective food under Indian law.” Define FBO with examples; list duties in groups (legal, hygiene, people, records and recall); liability along the chain; graded penalties in words; product liability under the Consumer Protection Act 2019; close.
FBO duties spell LISTEN: Licence displayed, Inspection allowed and records kept, Safe food only, Trained healthy staff, Exact honest labels, Notify and recall.