Op-Ed: No you will not be fined 5Lakh selling home-made food items

It is technically not an op-ed since I am part of the organization that is publishing this but it is definitely my opinion and a commentary and hence the use of the term.

Recently there was an article published by Manorama Online and other publications (Whats Hot Pune) with a headline “Selling home-made food items without licence, registration? You will be fined Rs 5 lakh”. Is this true, well not entirely. Here is a snapshot of what the act says in chapter IX section 63.

That is re produced as a reference below.

Now if you see the highlight part, a “may extend” is not a “will”. So the headline is factually misleading. Also what is not clearly qualified is the reference to the section 31, sub-section 2 of the same act.

That is re produced as a reference below.

  • Clearly the sub-section (2) provides an exemption from obtaining a license
  • And require small and petty businesses only to obtain a registration.
  • Ssince the punishment only talks about carrying “business without license”, the folks who qualify for registration (subject to a turnover of < 12L per annum) only clearly don’t fall under the ambit of 5Lakhs and six month imprisonment.
That is re produced as a reference below.
  • The onus of food safety for cottage industry and tiny food business operators is totally up to the individuals themselves.

“However, they must still complete a registration process, which only requires them to present their Aadhaar card and a photo at the nearby citizen service centre.”

Some readers argue that many older or less‑educated directors work from home and find registration processes difficult. However, regulations must apply equally to everyone regardless of age or education.

We must not exempt a director over 60 years old or lacking formal education from obtaining a Digital Signature Certificate simply because the process seems challenging.
Business transactions continue, and protecting consumers’ interests—especially in public health—is vital.

If you don’t register a business, then you cannot determine which laws you must comply with — registration is therefore mandatory.

If you believe I’m misunderstanding something, I’m open to learning from someone willing to provide factual references (preferably legal sections or amendments), not just opinions. at ramesh@foodsafetyworks.in. Yes I do run a business that benefits from ensuring compliance with the law, but this article is a personal expression of anguish over people trying to portray everything as evil without understanding the details.

For license type that you may need, you can talk to our Google Assistant. On your Android phone just say “Ok google, talk to food safety work” and you would be all set.

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