Chapter VI - Special Responsibilities as to Food Safety
Section 28
Section 28: food recall procedures
An FBO that has reason to believe food it processed, manufactured or distributed does not comply must immediately start withdrawal procedures, explain the reason and inform the competent authorities. Unsafe-food concerns require prompt authority cooperation.
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Need advice on Section 28?
This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) If a food business operator considers or has reasons to believe that a food which he has processed, manufactured or distributed is not in compliance with this Act, or the rules or regulations, made thereunder, he shall immediately initiate procedures to withdraw the food in question from the market and consumers indicating reasons for its withdrawal and inform the competent authorities thereof.
(2) A food business operator shall immediately inform the competent authorities and co-operate with them, if he considers or has reasons to believe that a food which he has placed on the market may be unsafe for the consumers.
(3) The food business operator shall inform the competent authorities of the action taken to prevent risks to the consumer and shall not prevent or discourage any person from co-operating, in accordance with this Act, with the competent authorities, where this may prevent, reduce or eliminate a risk arising from a food.
(4) Every food business operator shall follow such conditions and guidelines relating to food recall procedures as the Food Authority may specify by regulations.
Introduction
Section 28 is an early-action rule. The obligation arises when the operator considers or has reasons to believe that food it processed, manufactured or distributed is non-compliant; a final enforcement finding is not the trigger stated in subsection (1).
The Act also requires immediate notification and cooperation where food placed on the market may be unsafe. An FSSAI order dated 18 March 2026 implemented a Food Recall functionality in FoSCoS and directed FBOs to create food recalls initiated by them, and record subsequent actions, through their FoSCoS login.
Key takeaways
Start withdrawal immediately
Subsection (1) requires an FBO to initiate procedures to withdraw relevant non-compliant food from the market and consumers, indicating reasons, and inform competent authorities.
Unsafe-food concern needs authority contact
Subsection (2) separately calls for immediate authority notification and cooperation if food placed on the market may be unsafe for consumers.
Explain risk actions
Subsection (3) requires informing authorities of action taken to prevent consumer risk and bars discouraging others from cooperating with them.
Follow the detailed recall regulations
Subsection (4) subjects every FBO to conditions and guidelines on recalls specified by the Food Authority in regulations.
Recognise the trigger
Record the product, batch and reason for concern as soon as information suggests non-compliance or unsafe food. Assess how far it reached distributors, retailers and consumers; do not wait for a completed test if the statutory reason-to-believe threshold is already met.
Withdraw and notify
Start the applicable recall or withdrawal procedure promptly and state the reason. Inform the competent authorities. FSSAI's 18 March 2026 order also directs FBOs initiating a recall under the FSS (Food Recall Procedure) Regulations, 2017 to fill in the necessary details in FoSCoS, and to create the recall and record subsequent actions using their FoSCoS login.
Cooperate and reduce risk
Document stock holds, distributor/customer communications, returns and disposition. Tell authorities what was done to prevent consumer risk and preserve cooperation by suppliers and downstream operators.
Close the loop
Reconcile affected batches and recall responses, then address the cause and record corrective action. Follow the Food Authority's detailed recall regulations and directions for reporting and closure.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section, and FSSAI's order on recording food recalls in FoSCoS.
Practical checklist
Do
- Maintain batch and customer traceability.
- Start a documented withdrawal and authority notification when the statutory trigger arises.
- Track recovered stock and corrective action.
Avoid
- Do not wait for a final prosecution or adjudication before acting on a reason to believe food is non-compliant.
- Do not discourage consumers, suppliers or staff from cooperating with competent authorities.
Glossary
- Food recall
- Withdrawal of food from the market and, where relevant, consumers under the Act and applicable recall regulations.
- Competent authority
- The relevant food-safety authority to be informed under section 28 and the operative recall process.
Frequently asked questions
Does the FBO need a final lab result before starting recall steps?
Section 28(1) is triggered when the operator considers or has reasons to believe that its food is non-compliant. The subsection does not make a final laboratory result, prosecution or adjudication a precondition for initiating withdrawal procedures.
Where are recall submissions handled?
FSSAI's order dated 18 March 2026 implemented a Food Recall functionality in FoSCoS: FBOs are to create recalls initiated by them and record subsequent actions using their FoSCoS login, and recalls created by enforcement authorities are visible to the concerned FBOs. Check the order and FoSCoS for any later changes.
Need help applying this provision to your situation?
Contact BizeneedLast updated 11 October 2026