The Union health ministry on Friday said the reforms are aimed at promoting ease of doing business, reducing compliance burden on businesses and ensuring proportionate regulatory enforcement without compromising consumer safety.
Under the amended framework, certain technical and procedural violations that earlier attracted criminal proceedings will now be dealt with through administrative penalties.
Among key changes, Section 29 of the Drugs and Cosmetics Act, which prescribed a penalty up to Rs 1 lakh for using a government analyst's report for advertising any drug or cosmetic, has been omitted.
Further, violations relating to manufacture or sale of low-risk cosmetics have been brought under an administrative penalty framework.
These include cases where cosmetic products fails to comply with minor quality parameters or contain labelling deficiencies and errors. However, offences involving spurious or adulterated cosmetics, which have direct bearing on consumer safety, continue to attract strict penal provisions under the act, the ministry said in a statement.
However, offences involving spurious or adulterated cosmetics, which have a direct bearing on consumer safety, will continue to attract stringent penal provisions under the act, it said.
The amendments have also converted violations under Section 28A, relating to procedural compliance such as maintenance of records and submission of information, into administrative penalties.
.jpg?auto=format%2Ccompress&fit=max&format=webp&w=768&dpr=1.0)
To facilitate effective implementation of the new framework, provisions relating to the appointment of adjudicating authorities and an appeal mechanism have been introduced, enabling timely and transparent disposal of cases involving such contraventions.
In the food safety sector, provisions under the Food Safety and Standards Act, 2006, relating to imposition of court fines in cases involving false complaints against food safety officers have been brought under an administrative penalty mechanism.
The punishment for interfering with seized items has been rationalised, with the term of imprisonment reduced from six months to three months, the statement said.
Further, the provision relating to obstructing or resisting a food safety officer has been omitted from the Food Safety and Standards Act, as such offences are already adequately covered under provisions of the Bharatiya Nyaya Sanhita (BNS), thereby avoiding duplication in the legal framework, the statement stated.
According to the ministry, the reforms seek to distinguish between technical or procedural lapses and serious public health offences, ensuring proportionate enforcement while preserving the integrity of India's food and drug regulatory framework.
The ministry in its statement said it is committed to safeguarding public health through robust regulation while simultaneously reducing unnecessary compliance burdens and fostering a transparent, trust-based and business-friendly regulatory environment.
