FSSAI Cracks Down on False Food Business Returns: Key Filing Rules Explained

Cracking down on food business operators (FBOs), the Food Safety and Standards Authority of India (FSSAI) has asked them to file annual returns that reflect the true picture of quality compliance. In a post on social media platform X, FSSAI stated that any discrepancy in annual return filings, including misleading information shared on food labels pertaining to nutritional or health attributes, will attract strict penalties under the Food Safety and Standards (FSS) Act, 2006. 

“FSSAI reiterates that providing false or misleading information in Annual Returns will attract severe penalties under Section 61 of the FSS Act, 2006. FBOs urged to ensure absolute accuracy in all submissions. Compliance with requirements is paramount for safe food ecosystem,” the food safety regulator said on X.

What is FSSAI Annual Return? 

The FSSAI annual return is a mandatory filing that food businesess operating in India are required to submit by the end of every financial year. The return must provide key details, including the nature of the business, such as food manufacturing, processing, packaging, storage, transportation, distribution, and import. Food services businesses like catering services, sellers of food or food ingredients are also required to submit it. 

From the financial year 2021 onwards, the food safety regulator has made it mandatory for FBOs to file annual returns via online mode on the Food Safety Compliance System (FoSCoS) portal.

“FSSAI vide order dated 18th December 2020, has made it mandatory to file the annual return for FY 2020-21 onwards through online mode in FoSCoS only,” FSSAI said in an order. 

Who Can and Cannot File It? 

The FBOs that are mandated to file annual returns include manufacturers, importers or exporters, along with re-packers and re-labellers and processors. 

While annual return is a compulsory filing, not all FBOs are mandated to file it. Entities that are exempt from filing it include restaurants, fast-food outlets, grocery stores, canteens and food businesses with an annual turnover below ₹12 lakhs. 

What Happens in Case of Failure? 

It is mandatory for the FBOs to file annual returns, and in case of failure to do so, the regulator imposes penalties. The maximum penalty that can be imposed is ₹100 from the day of such lapse or an amount that is five times the annual license fees. 

“FSSAI vide order dated 10.11.2022, has capped maximum amount of penalty levied due to late filing Rs 100 per day to 5 times the annual license fees,” the regulator reiterated in an order in 2024. 

According to FSSAI’s 2024 annual report, the food regulator had launched 33,854 cases during the year. Out of these, FSSAI had disposed of 29,586 cases and collected ₹ 74,12,53,728 crores in fines.