Chapter VII - Enforcement of the Act
Section 32
Section 32: improvement notices
A Designated Officer may issue an improvement notice on reasonable grounds of regulatory non-compliance. The notice must identify the failure and measures, allow a reasonable period of at least 14 days, and can lead to suspension or cancellation if ignored.
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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 the Designated Officer has reasonable ground for believing that any food business operator has failed to comply with any regulations to which this section applies, he may, by a notice served on that food business operator (in this Act referred to as an “improvement notice”)– (a) state the grounds for believing that the food business operator has failed to comply with the regulations; (b) specify the matters which constitute the food business operator’s failure so to comply; (c) specify the measures which, in the opinion of the said Authority, the food business operator must take, in order to secure compliance; and (d) require the food business operator to take those measures, or measures which are at least equivalent to them, within a reasonable period (not being less than fourteen days) as may be specified in the notice.
(2) If the food business operator fails to comply with an improvement notice, his licence may be suspended.
(3) If the food business operator still fails to comply with the improvement notice, the Designated Officer may, after giving the licensee an opportunity to show cause, cancel the licence granted to him: Provided that the Designated Officer may suspend any licence forthwith in the interest of public health for reasons to be recorded in writing.
(4) Any person who is aggrieved by– (a) an improvement notice; or (b) refusal to issue a certificate as to improvement; or (c) cancellation or suspension or revocation of licence under this Act, may appeal to the Commissioner of Food Safety whose decision thereon, shall be final.
(5) The period within which such an appeal may be brought shall be– (a) fifteen days from the date on which notice of the decision was served on the person desiring to appeal; or (b) in the case of an appeal under sub-section (1), the said period or the period specified in the improvement notice, whichever expires earlier. Explanation–For the purpose of this sub-section, the making of the complaint shall be deemed to be the bringing of the appeal.
Introduction
An improvement notice is an enforcement step that gives an FBO specified corrective measures and a deadline. Section 32 identifies what the notice must say, the licence consequences of non-compliance and a route of appeal to the Commissioner of Food Safety.
The statutory appeal clock can be short. An operator receiving a notice should record service date, the deadline in the notice and the action or advice needed immediately.
Key takeaways
Notice must identify the issue
Section 32(1) requires grounds, the matters constituting failure, the measures to secure compliance and a reasonable period of at least 14 days.
Failure can suspend the licence
If the FBO fails to comply, subsection (2) allows suspension. Continued failure can lead to cancellation after an opportunity to show cause.
Public-health suspension can be immediate
The proviso to subsection (3) allows the Designated Officer to suspend a licence forthwith in the interest of public health, with reasons recorded in writing.
Appeal timing requires prompt review
Subsections (4)–(5) provide an appeal to the Commissioner of Food Safety, with a 15-day clock from service for decisions and an earlier-of rule for improvement-notice appeals.
Read the notice against the statutory checklist
Identify the alleged regulatory failure, required corrective measures, service date and stated deadline. Section 32(1) requires a reasonable compliance period of not less than 14 days in the notice.
Build and document the corrective response
Assign each measure, collect evidence of correction and respond within the stated period. If an equivalent measure is used, explain how it achieves at least the same compliance outcome.
Handle licence action
If suspension or cancellation is proposed or ordered, read the order and reasons promptly. Section 32 has distinct rules for failure to comply, show-cause before cancellation and immediate public-health suspension; do not assume one sequence covers every situation.
Calculate the appeal deadline
An aggrieved person may appeal a notice, refusal of an improvement certificate, or specified licence action to the Commissioner. For an improvement-notice appeal, section 32(5) applies the earlier of the statutory 15-day period and the notice period, so review the actual dates at once.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Record the date and method of service.
- Create an evidence-backed corrective-action log.
- Obtain prompt advice on appeal timing and any licence suspension.
Avoid
- Do not ignore a notice because the minimum correction period is 14 days; the actual notice deadline and appeal clock still matter.
- Do not continue food operations in defiance of a valid suspension.
Glossary
- Designated Officer
- The officer empowered under the Act to issue the improvement notice and take specified licence action.
- Show-cause opportunity
- An opportunity to respond before cancellation under section 32(3), subject to its separate immediate public-health suspension proviso.
Frequently asked questions
Can the officer set only seven days to complete an improvement notice?
Section 32(1)(d) says the period for required or equivalent measures must be reasonable and not less than 14 days.
Can the FBO appeal an improvement notice?
Yes. Section 32(4) includes an improvement notice; subsection (5) makes timing especially important because the relevant period may be shorter than 15 days if the notice period expires first.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026