The Food Safety and Standards Amendment Act 2025 introduces a major regulatory change in the way religious dietary certifications are managed in India. The amendment updates the Food Safety and Standards Act 2006 and places certifications such as Halal, Kosher and other faith based dietary claims under a formal statutory framework. As a result, these certifications now fall squarely within the scope of food regulation.
Earlier, religious dietary certifications operated largely outside direct statutory control. However, this amendment shifts the model from voluntary and market driven practices to government oversight. Therefore, food businesses must now reassess how they claim and manage religious dietary certifications under the FSSAI framework.
Background and Regulatory Rationale
Before the amendment, religious dietary certifications were voluntary and issued mainly by private organizations. These bodies operated without a uniform legal standard or government supervision. Consequently, certification practices varied widely and often extended beyond food products.
Moreover, the absence of statutory oversight raised concerns around transparency, misuse and consumer confidence. Hence, the Amendment Act aims to address these gaps. It seeks to bring consistency, accountability and public control to religious dietary certifications, while aligning them with food safety objectives.
Amendment to Section 16 of the Food Safety and Standards Act 2006
Section 16 of the principal Act defines the functions of the Food Authority. The Amendment Act inserts a new clause after Section 16 subsection 2 clause c.
This clause authorizes the Food Authority to regulate, grant and monitor certifications related to religious, ethical and faith based dietary practices. Importantly, it specifies that such certifications, including Halal certification, can only be administered through Government notified authorities under the Union Ministry of Health and Family Welfare. As a result, private certification systems no longer hold statutory validity for domestic food products.
Insertion of New Sections 43A to 43C
The Amendment Act introduces three new sections that form the operational core of the regulatory framework.
Section 43A Regulation of Halal Certification
Section 43A establishes a centralized and legally enforceable system for Halal certification.
First, it prohibits any private organization, trust, society or association from issuing Halal certification, collecting fees or acting as an intermediary. Instead, the Central Government must designate an authority or agency to manage all aspects of certification, including grant, renewal, supervision and revocation.
Second, all fees related to Halal certification must be deposited into the Consolidated Fund of India. Therefore, private commercial gains from certification activities are no longer permitted.
Third, the scope of Halal certification is limited strictly to food products intended for human consumption. Accordingly, it cannot be applied to non edible goods, services, industrial products or machinery.
Any violation of this section attracts penal action. Offenders may face imprisonment of up to two years, a fine of up to ten lakh rupees, or both. In addition, the Central Government may prescribe detailed procedures, validity periods and audit mechanisms through rules.
Section 43B Committee on Certification of Religious Dietary Food Items
Section 43B mandates the creation of a Committee on Certification of Religious Dietary Food Items.
The Committee is chaired by the Secretary of the Union Ministry of Health and Family Welfare. It also includes representatives from key Union Ministries, experts in food safety and public health, and nominees from State Food Safety Authorities. Therefore, the Committee reflects both central and state level regulatory participation.
The Union Ministry of Health and Family Welfare administers the Committee and provides budgetary support. Furthermore, the Central Government will prescribe the terms of office and service conditions of non ex officio members through rules.
Section 43C Functions of the Committee
Section 43C outlines the functional responsibilities of the Committee.
The Committee identifies food items that require religious dietary certification and recommends uniform national standards. In addition, it advises the Central Government on slaughter, processing, packaging and labelling requirements, while keeping public health considerations in focus.
The Committee also reviews standards periodically, monitors implementation and reports misuse. Moreover, it may perform any additional functions assigned by the Central Government.
An explanation clarifies that religious dietary certification includes any certification, label or declaration related to religious dietary requirements. This includes Halal, Kosher, Jhatka and similar terms, whether expressed through text, symbols or other means.
Impact on Food Business Operators
For Food Business Operators, the amendment introduces a clear compliance shift. Existing private Halal certifications will no longer be valid once the provisions come into force. Therefore, FBOs must review current certifications, label claims and marketing materials. Any religious dietary claim must follow procedures notified by the Central Government. Failure to align with the amended provisions may lead to enforcement action under the Food Safety and Standards Act. Consequently, proactive compliance planning is essential.
Role of FSSAI and Enforcement Outlook
Although the authority rests with Government notified agencies under the Ministry of Health and Family Welfare, enforcement is expected to align closely with FSSAI mechanisms.
State Food Safety Authorities play a formal role through Committee representation. As a result, enforcement is likely to be coordinated at both central and state levels. Religious dietary claims will now be assessed based on statutory authorization rather than voluntary certification
The Food Safety and Standards Amendment Act 2025 marks a decisive shift in the regulation of religious dietary certification in India. It replaces private certification models with government oversight and limits certification strictly to food products. For the food industry, the compliance message is direct. Religious dietary certification is now a regulated activity under food law. Once the notified provisions and rules take effect, compliance will no longer be optional.
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