Question:

The law states that a food business operator must be registered with or licensed by the Food Safety and Standards Authority of India (FSSAI) to run a food business.
Fact Situation: Kavita’s neighbours suffer food poisoning after consuming sweets gifted by her on the occasion of a celebration at her home. Kavita does not have a registration or license from the FSSAI.
Which of the following statements is the most appropriate in relation to the legal principle stated above?

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FSSAI registration is mandatory only for commercial food businesses; private or non-commercial food sharing is not covered.
Updated On: Aug 14, 2025
  • Kavita is in violation of the law since she does not have a FSSAI registration or license.
  • Kavita is not in violation of the law since she did not make the sweets she gave by way of gift.
  • Law does not apply in cases like this where transactions happen between neighbours.
  • Kavita need not take a license or register with FSSAI since she is not running a food business.
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The Correct Option is D

Solution and Explanation


Step 1: Understanding the law
- The FSSAI registration or license requirement applies only to those operating a food business.
- A “food business” refers to any undertaking involved in the preparation, storage, distribution, or sale of food for commercial purposes.
Step 2: Applying the fact situation
- Kavita distributed sweets on a personal occasion as gifts to neighbours.
- There was no sale, no commercial intent, and no business operation involved.
Step 3: Key reasoning
- Since Kavita is not engaged in any food-related trade or business, she does not fall under the category of a “food business operator”.
- Therefore, the legal obligation to have an FSSAI registration does not apply to her.
Step 4: Elimination of incorrect options
- Option (1) is wrong: No license is needed when no business is involved.
- Option (2) is wrong: Even if she had made the sweets herself, without business intent, no license is needed.
- Option (3) is wrong: Law does apply between neighbours if one is running a food business; it’s just not applicable here because there is no business.
Step 5: Conclusion
- The only legally correct statement is that Kavita does not need an FSSAI license because she is not running a food business.
\[ \boxed{\text{Kavita is not liable under FSSAI provisions as there is no food business being run.}} \]
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