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Penalties & notices

How to reply to an FSSAI show-cause notice

A show-cause notice is not a penalty. It is the last moment at which the facts are still in your hands.

6 min read·Checked against the regulations on 12 Sep 2026
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Short answer

A show-cause notice asks you to explain in writing why action should not be taken. Reply within the date on the notice, answer only what is alleged, attach the documents that prove it, and say what you have already corrected. A clear reply often ends the matter before adjudication.

Read it for three things first

  1. The date. Everything else is secondary. The reply window is short and extensions are not guaranteed.
  2. The allegation. What exactly is said to be wrong — a sample result, a label element, a hygiene finding, a licensing default? The reply answers that, not the general subject.
  3. The provision. Which section or regulation is cited. A notice about misbranding (s.52) is a different conversation from one about unsafe food (s.59).

What the reply has to do

Four jobs, in this order: state the facts, evidence them, show what has been corrected, and address the section 49 factors — the gain made, the harm caused, and whether the conduct repeats — because those are what an adjudicating officer weighs.

Attach, don't assert: the lab report, the purchase invoice, the batch record, the artwork version, the training certificate, the corrected photograph. A reply with documents is a different document from a reply with adjectives.

The mistakes that make it worse

  • Missing the date, then arguing about the merits.
  • Denying something the officer has photographed.
  • Volunteering unrelated problems the notice never raised.
  • Sending a template letter that does not name the batch, the SKU or the premises.
  • Continuing to trade on a licence that is suspended while the reply is pending.

What happens next

The authority may accept the reply and close the matter, ask for more, or refer it to an Adjudicating Officer. Adjudication is a hearing: both sides are heard, and only then is a penalty imposed. An appeal lies to the Food Safety Appellate Tribunal.

Penalties for adjudicated matters have ceilings in Chapter IX — ₹3 lakh for misbranded food under section 52, ₹10 lakh for a misleading claim under section 53 — and section 49 governs how far below the ceiling a particular case lands.

If a sample has failed

Treat it as urgent and get help the same week. Sampling matters run on statutory timelines, and the reply is only one part of what needs to happen.

FAQ

Quick answers

Can I reply by email?

Reply in the manner and to the address the notice specifies, and keep proof of delivery. If the notice gives a portal or an office, use that.

Do I need a lawyer?

Not usually for a first factual reply. Get help when a sample has failed, when unsafe food is alleged, or when the same finding touches several premises.

Will replying admit fault?

No. A reply states facts and evidence. What can hurt is silence — the matter proceeds without your version of it.

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Fees, thresholds and dates on this page verified against FSSAI Kind of Business eligibility table, updated 01.04.2026 · FSSAI order of 13.03.2026, thresholds in force 01.04.2026 · FSS (Licensing & Registration) Amendment Regulations 2026, gazette 10.03.2026 · FSS (Labelling & Display) Regulations 2020, Version VIII, 09.09.2025 on 12 September 2026. Government fees are paid by you on FoSCoS. Where a figure is a maximum the Act allows, the page says so.

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