Background
Food Safety and Standards (Vegan Foods) Regulations, 2022 have been notified by the Food Safety and Standards Authority of India (FSSAI) under the Food Safety and Standards Act, 2006. These Regulations establish, for the first time in India, a dedicated regulatory framework governing the manufacture, processing, packaging, labelling, sale, distribution, and import of food products marketed as ‘vegan food’. The Regulations were introduced in response to the rapid growth of the plant-based and vegan food sector in India, and aim to standardise the use of the term ‘vegan’, prevent misleading claims, and protect consumer interest by ensuring that vegan-labelled products genuinely meet the prescribed criteria.
The framework covers the entire lifecycle of vegan food products — from ingredient sourcing and manufacturing process design to cross-contamination prevention, traceability, packaging, labelling, and import certification. It mandates Good Manufacturing Practices (GMP) to avoid unintended presence of non-vegan substances, prohibits animal testing of vegan products (barring regulatory exceptions), requires distinguishable storage and display along with an FSSAI-approved vegan logo on packaging, and imposes additional certification requirements on imported vegan food products. Non-compliance with these Regulations is enforceable through the penal provisions of the Food Safety and Standards Act, 2006.
Applicability
Food Safety and Standards (Vegan Foods) Regulations, 2022 apply to all Food Business Operators (FBOs) in India who manufacture, pack, sell, offer for sale, market, distribute, or import any food product designated or marketed as ‘vegan food’. This includes manufacturers and processors of vegan food products (subject to GMP, animal testing restrictions, shared production line cleaning, and traceability obligations); sellers and retailers of vegan food — whether dealing exclusively in vegan products or selling them alongside non-vegan merchandise — who must ensure distinguishable storage, display, and use of the approved vegan logo; and importers of vegan food products, who must ensure that imported consignments are accompanied by the prescribed certificate from the exporting country’s recognised authority before customs clearance. The Regulations apply in addition to, and read together with, the Food Safety and Standards (Labelling and Display) Regulations, 2020 and other applicable FSSAI Regulations.
Compliance Requirement Under the act in Accordance with the Rules & Regulations:
No person shall manufacture, pack, sell, offer for sale, market, distribute, or import any food product as ‘vegan food’ or use the vegan designation unless all requirements of the Food Safety and Standards (Vegan Foods) Regulations, 2022 are fully complied with. The ‘vegan’ designation may only be used where the food product meets every applicable condition prescribed under these Regulations, including those relating to ingredients, manufacturing practices, animal testing, traceability, packaging, and labelling.
Food products to be designated as ‘vegan’ shall not have involved animal testing for any purpose — including safety evaluation — unless such testing is specifically provided for or required by any Regulatory Authority. This requirement ensures that the vegan designation is not undermined by undisclosed animal testing carried out as part of the product development or safety assessment process, except where mandated by law.
The Food Business Operator (FBO) shall ensure that all stages of production, processing, and distribution are designed to take appropriate precautions, in conformity with Good Manufacturing Practices (GMP), so as to avoid the unintended presence of non-vegan substances in vegan food products. This obligation requires proactive process design and control measures across the entire supply chain to prevent inadvertent contamination.
Where a production line is shared with non-vegan products or ingredients, the Food Business Operator must carry out thorough cleaning, or comparable measures in conformity with Good Manufacturing Practices, before production of vegan products commences. Such cleaning must extend to all associated machinery, equipment, utensils, and surfaces without exception, to eliminate any risk of cross-contamination with non-vegan substances.
The Food Business Operator must establish and maintain traceability of all vegan food products and ingredients up to the manufacturer or producer level, and must comply with any other requirements specified by the Food Safety and Standards Authority of India (FSSAI) from time to time to maintain the vegan integrity of foods, food ingredients, and products thereof.
The seller of vegan food — whether dealing exclusively in vegan food or selling it as part of retail merchandise — shall store and display such food in a manner distinguishable from non-vegan food. Every package of vegan foods, after due approval, shall carry the logo as specified by the Food Safety and Standards Authority of India, enabling clear visual identification of certified vegan products by consumers.
In addition to the specific requirements prescribed under these Regulations, all vegan food products must comply with the packaging and labelling requirements specified under the Food Safety and Standards (Labelling and Display) Regulations, 2020 — except clause (b) of sub-regulation (4) of Regulation 5 of those Regulations.
No vegan food product shall be imported into India unless it is accompanied by a certificate issued by the recognised authority of the exporting country, in the format specified by the Food Safety and Standards Authority of India (FSSAI). The importer must ensure that such certificate is accepted by FSSAI before the consignment can be cleared through customs.
Penalty & Consequences
The following penalty provisions under the Food Safety and Standards Act, 2006 apply uniformly across all compliance obligations covered in this blog:
Any person who sells, stores, or distributes any article of food which is not of the nature, substance, or quality demanded by the purchaser and to their prejudice, or is not in compliance with the requirements of the Act or rules or regulations made thereunder, shall be liable to a penalty which may extend to two lakh rupees.
Any person who, whether by himself or by any other person on his behalf, manufactures for sale, stores, sells, or distributes any article of food for human consumption which is sub-standard shall be liable to a penalty which may extend to five lakh rupees.
Any person who manufactures for sale, stores, sells, or distributes any article of food for human consumption which is misbranded shall be liable to a penalty which may extend to three lakh rupees. Use of the vegan designation in contravention of these Regulations may constitute misbranding.
Any person who publishes, or is party to the publication of, an advertisement which is false or misleading and contravenes the provisions of the Act, rules, or regulations made thereunder, shall be liable to a penalty which may extend to ten lakh rupees. False or unsubstantiated vegan claims on packaging or in advertisements may attract liability under this provision.
Any person who, whether by himself or by any other person on his behalf, manufactures for sale, stores, sells, or distributes any article of food for human consumption which is unsafe shall be punishable: where the contravention does not result in injury — with imprisonment for a term up to six months and a fine up to one lakh rupees; where it results in non-grievous injury — with imprisonment up to one year and a fine up to three lakh rupees; where it results in grievous injury — with imprisonment up to six years and a fine up to five lakh rupees; and where it results in death — with imprisonment for a term not less than seven years which may extend to imprisonment for life, and a fine of not less than ten lakh rupees. In addition, the licence or registration of the Food Business Operator may be suspended or cancelled.
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