Chapter IX - Offences and Penalties
Section 63
Section 63: food business without a required licence
Since the 2023 Jan Vishwas amendment, Section 63 provides a penalty up to ₹10 lakh where a person required to obtain a food-business licence carries on the listed food activities without one. The Section 31(2) registration route is treated separately.
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Need advice on Section 63?
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
If any person or food business operator (except the persons exempted from licensing under sub-section (2) of section 31 of this Act), himself or by any person on his behalf who is required to obtain licence, manufacturers, sells, stores or distributes or imports any article of food without licence, shall be liable to penalty which may extend to ten lakh rupees.
Introduction
Section 63 is tied to the licensing requirement. It covers manufacturing, selling, storing, distributing or importing food without a licence where one is required, whether directly or through a person acting on the operator's behalf.
The 2023 amendment replaced the older imprisonment-and-fine wording with a penalty that may extend to ₹10 lakh. The current 2026 classification still requires a check of Section 31, the amended licensing regulations, FSSAI's 13 March 2026 threshold order and any eligibility criteria the Food Authority specifies later.
Key takeaways
First establish a licence duty
The provision applies where the person or FBO is required to obtain a licence. Section 31(2)'s registered petty-operator route is expressly excepted from this Section 63 wording.
Use the current penalty form
After the 2023 amendment, Section 63 is a penalty up to ₹10 lakh; old text stating imprisonment up to six months and a fine up to ₹5 lakh is superseded.
Check the business activity
Turnover bands changed from 1 April 2026, and the Food Authority may specify further eligibility criteria from time to time. Low turnover alone does not prove that no authorisation is needed.
Classify the operator correctly
Review each food activity, premises, current turnover and any eligibility criteria the Food Authority has specified. Establish whether the operative route is a licence, registration or the specific street-vendor deemed-registration clause.
Check active authorisation
Retain FoSCoS evidence of a valid licence or registration for the relevant operation. A certificate subject to deemed suspension under current Regulation 2.1.7 cannot simply be treated as unrestricted permission to continue operations.
If a gap is discovered
Stop the unlicensed activity and promptly resolve the proper authorisation route. Preserve the facts and take advice on responding to any formal enforcement notice; do not assume paying a fee retroactively removes a past contravention.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section, and the 2026 licensing amendment regulations and FSSAI threshold order for current licence and registration categories.
- India Code consolidated Food Safety and Standards Act, 2006
- Jan Vishwas (Amendment of Provisions) Act, 2023
- S.O. 4834(E): 8 November 2023 commencement
- FSSAI notification No. RCD-01002/1/2021-Regulatory-FSSAI-Part(1), 10 March 2026: Licensing and Registration Amendment Regulations, 2026
- FSSAI order dated 13 March 2026: revised turnover thresholds effective 1 April 2026
Practical checklist
Do
- Map every premise and kind of food operation to its current FSSAI authorisation.
- Use the 13 March 2026 threshold order with any later Food Authority criteria.
- Keep licence/registration and payment status records.
Avoid
- Do not cite pre-2023 imprisonment wording as the current Section 63 consequence.
- Do not treat registration eligibility as no filing at all.
Frequently asked questions
What is the current Section 63 consequence?
The amended text provides a penalty that may extend to ₹10 lakh for carrying on a food business without a required licence.
Does Section 63 apply to every small food seller without a licence?
No blanket conclusion follows. Section 63 expressly excepts those exempted from licensing under Section 31(2); the applicable registration conditions must still be checked.
Need help applying this provision to your situation?
Contact BizeneedLast updated 17 October 2026