Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Prasad or Bhog served in temples as offerings to deities generally do not fall under the definition of 'food' in the Food Safety and Standards Act, 2006. The courts have recognized that offerings such as Prasad are considered religious or ritualistic and are not sold for commercial profit. For instance, it was contended that Aravana Prasadam is not a sale for revenue or profits, but considered as an offering to devotees ["Travancore Devaswom Board VS Ayyappa Spices - Supreme Court"].
However, when such offerings are prepared, processed, packaged, or distributed in a manner resembling commercial food business activities, they may be classified as 'food' and the responsible authorities, such as the Devaswom Board, could be considered 'food business operators' under the Act. The Act defines 'food business' broadly, including manufacture, processing, packaging, sale, and distribution ["The Travancore Devaswom Board VS Ayyappa Spices, Represented By Its Sole Proprietor, Prakash. S - Kerala"].
The courts have clarified that if the temple or Devaswom Board is involved in activities like manufacturing or processing (e.g., preparing Prasad, storing raw materials, or distributing for commercial purposes), they could fall under the scope of 'food business operator'. For example, the Travancore Devaswom Board was held to fall within the definition of 'food business operator' when involved in activities like manufacturing and processing of Aravana Prasadam ["The Travancore Devaswom Board VS Ayyappa Spices, Represented By Its Sole Proprietor, Prakash. S - Kerala"].
The Food Safety and Standards Act, 2006, assigns responsibilities to food business operators to ensure food safety, including compliance with standards and regulations ["Travancore Devaswom Board VS Ayyappa Spices - Supreme Court"]. When temples or Devaswom Boards serve Prasad as offerings, without commercial intent, they typically are not considered 'food business operators'. But if they engage in commercial manufacturing, processing, or sale, they would be classified as such and subject to food safety standards ["Dharampal Satyapal Limited, through its Director Mr. Pawan Kumar Goyal VS Union of India through Secretary, Ministry of Health and Family Welfare - Jharkhand"].
In conclusion, Prasad served or offered in temples generally does not fall under 'food' as a commercial product and thus the temple or Devaswom Board would not automatically be considered a 'food business operator'. However, if the temple engages in activities akin to manufacturing, processing, or selling Prasad for profit, then such activities could be classified as food business, bringing the temple or Devaswom Board under the regulatory scope of the Food Safety and Standards Authority of India ["The Travancore Devaswom Board VS Ayyappa Spices, Represented By Its Sole Proprietor, Prakash. S - Kerala"].
In India's vibrant temple culture, prasadam—the sacred food offered to deities and distributed to devotees—holds profound religious significance. But does it fall under the regulatory umbrella of the Food Safety and Standards Act, 2006 (FSS Act)? Specifically, does serving or offering prasadam in a temple qualify as food, and is the Devaswom Board a food business operator (FBO) subject to food safety standards?
This question often arises amid concerns over hygiene, contamination, and regulatory overreach into religious practices. While temples are not commercial kitchens, instances of substandard ingredients have sparked debates. This post examines key legal precedents, definitions, and nuances to provide clarity—note: this is general information, not specific legal advice. Consult a lawyer for your situation.
Whether prasadam served or offered in a temple would come under the definition of food and the Devaswom Board under food business operator for food safety standards.
Generally, the answer is no for pure religious offerings. Prasadam is viewed as a devotional act, not a commercial food transaction. However, exceptions apply if it's sold like regular food products. Let's break it down.
Section 3(1)(j) of the FSS Act defines food broadly as any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified articles of food, infant food, packaged drinking water, packaged mineral water, alcoholic drink, chewing gum, and any substance, including adulterants, used in the manufacture, preparation or treatment of 'food'. Smokeless Tobacco Association VS Union of India - 2023 0 Supreme(Jhk) 1016
Key exclusions include animal feed, live animals (unless processed for market), plants pre-harvest, drugs, cosmetics, and narcotics. Importantly, the Act targets substances intended for sale or commercial consumption. Religious offerings like prasadam—not marketed or sold—typically fall outside this scope, as they lack commercial intent. Smokeless Tobacco Association VS Union of India - 2023 0 Supreme(Jhk) 1016
Indian courts have consistently distinguished temple prasadam from regulated food businesses. In a landmark ruling, the court held: Ghee not for sale nor for preparation of article of food intended for Sale - Food Inspector had no authority to collect sample - Supply of sample and payment of its cost cannot amount to 'sale'.V. G. K. Menon VS State of Kerala - Crimes (1998)
Similarly: Prasadam prepared from Ghee brought/collected as offerings and distributed between devotees—Question of sale or purchase of ghee does not arise—Held, only some ghee of temple was given to food inspector is not sale. No sale or purchase done of ghee.V. G. K. Menon VS State of Kerala - 1998 0 Supreme(Mad) 723
These judgments emphasize that devotees' offerings (e.g., ghee) transformed into prasadam are ceremonial, not for sale, manufacture, or distribution in a commercial sense. Thus, Food Inspectors lack authority to sample or regulate them as food. V. G. K. Menon VS State of Kerala - Crimes (1998)V. G. K. Menon VS State of Kerala - 1998 0 Supreme(Mad) 723
Another case reinforces temple properties as public trusts for religious purposes, not commerce. Bihar State Board Of Religious Trust VS Mahant Biseshwar Das - 1971 0 Supreme(SC) 127
The Travancore Devaswom Board, managing temples like Sabarimala, oversees prasadam preparation. But is it an FBO under Section 3(1)(o), defined as any person/undertaking involved in food-related activities whether for profit or not?
Courts have nuanced this. Pure distribution as prasadam isn't FBO activity, but commercial sales trigger regulation. In Ayyappa Spices, the Kerala High Court noted the Board falls under Section 26 (liability of manufacturers/processors), especially for quality checks on prasadam ingredients like contaminated cardamom. The court restrained sales of unsafe prasadam, affirming compliance needs. SUO MOTU vs STATE OF KERALA - 2024 Supreme(Online)(KER) 55845DR. MAHENDRA KUMAR P S vs THE STATE OF KERALA - 2024 Supreme(Online)(KER) 40405
Yet, the Supreme Court stayed such orders, deeming the Board's actions legal and the writ petition (filed for personal gain) non-maintainable. This highlights: Boards must ensure safety but aren't automatically FBOs for ritual offerings. SUO MOTU vs STATE OF KERALA - 2024 Supreme(Online)(KER) 55845
In another instance involving ghee for religious offerings, prosecution under the Prevention of Food Adulteration Act was quashed: The law is now well settled that the act of storing an adulterated article of food would be an offence only if storing is for sale. If adulterated article of food is stored by any person for consumption or for any purpose other than sale, it would not come within the inhibition of the section.V. C. K. Menon VS State Of Kerala - 1998 Supreme(Ker) 200
Failure to appeal adverse reports (e.g., substandard water) doesn't exempt registered FBOs. Hisham Transports vs Food Safety Standards Authority Of India - 2025 Supreme(Ker) 1874
The FSS Act promotes self-compliance, with FBOs ensuring safe practices. Food Analysts must examine contents, packaging, and labeling holistically. V. B. Muraleedharan, S/o. Balakrishnan VS Assistant Commissioner of Food Safety Office of The Food Safety Commissioner, Kasaragod - 2020 Supreme(Ker) 84
For milk/products testing, authorities follow strict procedures; writs prohibiting tests are dismissed if procedures are lawful. Hatsun Agro Product Ltd. VS State of Tamil Nadu - 2018 Supreme(Mad) 4259
Temples must balance devotion and safety—e.g., hygienic standards for dairy/meat handling under FSS (Licensing) Regulations. Swami Achyutanand Tirth VS Union of India - 2016 6 Supreme 172MOHD. MUSTAFA VS UNION OF INDIA THRU. SECY. MINISTRY HEALTH & FAMILY WELFARE - 2017 Supreme(All) 2888
Temples embody faith; undue regulation risks cultural erosion. Stay informed, ensure hygiene, and consult experts for compliance.
References:1. Smokeless Tobacco Association VS Union of India - 2023 0 Supreme(Jhk) 1016 - FSS Act definition.2. V. G. K. Menon VS State of Kerala - Crimes (1998) - Ghee offerings not for sale.3. V. G. K. Menon VS State of Kerala - 1998 0 Supreme(Mad) 723 - Prasadam distribution not sale.4. Bihar State Board Of Religious Trust VS Mahant Biseshwar Das - 1971 0 Supreme(SC) 127 - Temple trusts.5. SUO MOTU vs STATE OF KERALA - 2024 Supreme(Online)(KER) 55845, DR. MAHENDRA KUMAR P S vs THE STATE OF KERALA - 2024 Supreme(Online)(KER) 40405 - Devaswom Board compliance.6. V. C. K. Menon VS State Of Kerala - 1998 Supreme(Ker) 200 - Storage not for sale.
#PrasadamLaw #FSSAct #TempleFoodSafety
Food Safety and Standards Act, 20063[Hereinafter referred to as the ‘Act’.]; (ii) that the appellant board is a ‘food business operator’ as per Section 3(1)(j) of the Act; and (iii) that the seized stock shall be destroyed in accordance with law. ... It further held that the appellant-Board falls under the definition of “food business operator”, for the purposes of section 3(1)(j....
A plain reading of clause (n) of Section 3(1) of the Act would make it explicitly clear the activities of the Travancore Devaswom Board related to the manufacture, processing, packaging, etc., of Aravana fall within the definition of ‘food business’. ... Therefore, the Travancore Devaswom Board falls within the sweep of ‘food business operator’ defined in clause (o) of Section 3(1) of the Act, in ....
Ayyappa Spices [2022:IO:KER:55713 : 2023 (4) KHC SN 9] - this Court held that in view of the provisions contained in Section 26 of the Food Safety and Standards Act, 2006, the Travancore Devaswom Board, which falls within the sweep of ‘food business operator’ as defined in clause (o) of Section ... In that view of the matter, issue No.2 relating to the applicability of the Food Safety and Standards#HL_EN....
Ayyappa Spices [2022:IO:KER:55713 : 2023 (4) KHC SN 9] - this Court held that in view of the provisions contained in Section 26 of the Food Safety and Standards Act, 2006 the Travancore Devaswom Board, which falls within the sweep of ‘food business operator’ as defined in clause (o ... In that view of the matter, issue No.2 relating to the applicability of the Food Safety and Standards Act, 2006 ....
It provides that if the Designated Officer is satisfied that health risk exists with respect to any food business, he may, after a notice served on the food business operator (referred to in the Food Act as an “emergency prohibition notice”), apply to the Commissioner of Food Safety for imposing the ... Once an article is considered to be included in the definition of food, then, any transaction t....
an opportunity to Food Business Operator to be heard. ... with reference to food safety standards and practices. ... Under the scheme of the Food Safety and Standards Rules, 2011(Rules of 2011), the Food Business Operators have the opportunity to put forth their case. ... The term “food business operator” in relation to food #....
, President and two members of the Board as accused 3 to 5 and the Devaswom Board itself as the 6th accused. ... The law is now well settled that the act of storing an adulterated article of food would be an offence only if storing is for sale. If adulterated article of food is stored by any person for consumption or for any purpose other than sale, it would not come within the inhibition of the section". ... As per the provisions in Travancore-Cochi....
[(2016) 9 SCC 699] the Apex Court noticed that some of the objectives of the Food Safety and Standards Act are as follows; (i) to consolidate the laws relating to food, (ii) to establish Food Safety and Standards Authority of India for laying down science-based standards ... safety management systems, (iv) responsibility on food business operators to ensure that food processed, ....
Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple come under the Travancore Devaswom Board. ... agencies under various Acts and orders, would stand decentralised to the Commissioner of Food Safety and his office, (ii) single reference point for all matters relating to food safety and standards, regulations and enforcement, (iii) shift from mere regulatory regime to self-compliance throu....
(1) If the Designated Officer is satisfied that the health risk condition exists with respect to any food business, he may, after a notice served on the food business operator (in this Act referred to as an ‘emergency prohibition notice”), apply to the Commissioner of Food Safety ... (3) The Designated Officer shall not apply for an emergency prohibition order unless, at least one day before the date of the application, he has served#HL_E....
(q) 'food safety' means assurance that food is acceptable for human consumption according to its intended use; (t) 'Food Safety Officer' means an officer appointed under section 37; (m) 'Food Authority' means the Food Safety and Standards Authority of India established under section 4; (l) 'Food Analyst' means an analyst appointed under section 45;
Thus, there is no impediment for the competent authorities to test all the milk products in accordance with the procedures contemplated under the Food Safety Act and under the relevant Regulations, including Food Safety and Standards Act, 2006, Food Safety and Standards Rules, 2011, Food Safety and Standards (Contaminants, Toxins and Residues) Regulation, 2011, Food Safety and Standards (Food Product Standards and Food Additives) Regulation, 2011, Food Safety and Standards (Laboratory and Sampling Analysis) Regulation, 2011, Food Safety and Standards (Packaging and Labelling) Regul....
(l) “Food Analyst” means an analyst appointed under section 45; (o) “food business operator” in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder; (n) “Food business” means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food i....
Food Safety and Standards [Licensing and Registration of Food Business] To issue a writ, order or direction in the nature of Mandamus commanding the Respondents No.1 and 2 to amend Schedule IV of Regulation 2.1.2[1][5] Regulations 2011 relating to the specific hygienic and sanitary practices to be followed by food business operators engaged as manufacture, processing, storing and selling of meat and meat products for the petty shopkeepers.
As per Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011, the Dairy establishment in which dairy based food is being handled, processed, manufactured, stored and distributed and ultimately sold by Food Business Operator should conform to the sanitary and hygienic requirements, food safety measures and other standards as laid down in Part-III of FSS Regulations, 2011. As per Part III of the said FSS Regulations, 2011, specific hygienic and basic sanitary measures are required to be followed by such Food Business Operators.
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